If I own a gun and use it?

Question

I inherited a gun that is in perfect operating condition but has never been registered. I don't keep this gun in my car and I don't take it to the range shooting. It has two purposes. One, it was given to my dad from his uncle who was a police officer in Oklahoma. Back in the day the police would auction off guns that they had collected from criminals. He was a collector and gave it to my dad. My dad has recently given it to me. Two, I keep it in a shoe box in my closet. If someone broke into my home I would use it for protection. Since it is not registered, if I used it in self defense, would I get in trouble? I live in Texas if laws are different in each state.

Update:

These are all great answers and I appreciate the information. I wanted to ask one more question. If I have the same hand gun I've been talking about and I conceal it under the seat of my car can it be loaded?

? · Accepted Answer

Both posters are correct, I just wanted to ad that if you meet the "requirements" you can carry a handgun on or about your person in your vehicle without a license. You must:
1be in your vehicle or a vehicle under your control
2 have it concealed
3 not be committing any crime other than class c traffic
4 be legally able to own the firearm
5 not a member of a street gang
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.02

You can carry a loaded rifle or shotgun, these are not mentioned in the above section.

To know more about when deadly force is justifiable, please read chapter 9 of the Texas Penal Code:
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm

ADDED:
Under Unlawful Carry Weapons, it makes no mention of loaded or unloaded firearm. So if you can not meet the requirements above, having it and it being loaded is just as illegal as being unloaded.
So to answer, if you meet the "requirements" above it is legal for it to be loaded. BUT like #2 states it must be concealed.

tonalc2 · Answer

In Texas, no state license is required to possess a rifle, shotgun or handgun.

Texas castle doctrine:

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor [he] reasonably believes the force is immediately necessary to protect the actor [himself] against the other’s use or attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

Anonymous · Answer

Texas does not require you to register a firearm.~

Trending News

If I own a gun and use it?

3 Answers