If a buddy of mine borrowed a firearm from me 5 months ago and now he got caught with it while having marijuana on him, would I be facing any legal action?

And would I be able to get my gun back? He’s still awaiting court.

Asked on August 3, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your gun will most likely be tied up while the criminal case is pending... if the prosecution is using the gun as part of their enhancements or underlying charges.  Charges could include:  felon in possession of a firearm, prohibited person in possession of firearm, possession of a deadly weapon which in possession of a controlled substance, and unlawful carrying weapon. 

On your end... you wouldn't automatically be charged with an offense.  However, you do have some potential liability as a party.  For example, if you knew he was going to possession marijuana or that he was a convicted felon, you could be considered a party to either potential offense because you provided the firearm to facilitate the commission of either offense.  Party liability is very factor based.  This means that any number of things could weigh for you or against you.  If you want a better idea of whether or not you could or would actually be charged, arranged for a consultation with a criminal defense attorney.  Many now offer free consultations, especially in the metroplex areas.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.