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?
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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 8 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.
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