Legal Question in Criminal Law in Texas

unlawful firearm possession

On April 4th,2008(in Tx.)I was pulled over and my vehicle was searched(w/consent),susequentally a firearm was found in my vehicle.The gun was found in a case,in the bottom of a backpack(full of clothes),in the bed of my truck.I was not aware of the gun being in the bag.I was not arrested.The gun was confiscated,and I was released.On August 27th(08)a warrant was issued and I was arrested for unlawfull possession of a firearm.It is unlawful because I am a felon(10/2004).As of this date,I have not been indicted.

Question 1: Is there a time restriction on charging and/or indicting me on this charge?

Question 2: What constitutes possession?


Asked on 10/16/08, 2:19 pm

1 Answer from Attorneys
michael palmer Law Office of Michael Palmer

Re: unlawful firearm possession

� 6.01. REQUIREMENT OF VOLUNTARY ACT OR OMISSION.

(a) A person commits an offense only if he voluntarily engages in

conduct, including an act, an omission, or possession[0].

(b) Possession[0] is a voluntary act if the possessor knowingly

obtains or receives the thing possessed or is aware of his control

of the thing for a sufficient time to permit him to terminate his

control.

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Answered on 10/24/08, 3:19 pm


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