TDCAA Community
Release of Firearms to a Third Party?

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3451093922

February 28, 2012, 10:23
Lubec
Release of Firearms to a Third Party?
Release of guns to a third party.

Hello, I am looking for opinion/advice on the release of firearms to a designated third party. Is this done in Texas and how so? Is there some type of case law on this?

I know other states have a release of firearms to a third party when one party can not own/possess firearms.

I am a Police Officer and am looking into how this can be done. I don�t know if it is an issue that is Department level or at a Court level.

CCP 18.19 does not seem to cover this and is more for Penal Code Chapter 46 violations.
The Timothy Joe Emerson V. TX 5th Cir/US seems to cover a little of the issue, but does not say how do deal with it.

This seems to come up with both Civil and Criminal cases where a person should not have access to firearms, but might have a right to sell them off or give them to a third party that will not let the first party have any access to them.

Thanks for any help, as my Department is trying to make a release form and cant find a lot on the issue.
March 02, 2012, 16:07
Boyd Kennedy
Game Wardens occasionally do this when a gun is seized for evidence, is no longer needed, and it is discovered that the person from whom it was seized cannot legally possess the firearm. I recall one case where the gun owner got a felony conviction while his gun was being held for evidence on an unrelated game violation. The gun was released to a family member or his attorney - I don't recall which. In one it was discovered that the owner was an illegal alien and the gun was released to his citizen wife. In each case the gun owner was consulted first.