Theft Legal Questions

There are essentially three elements to a valid gift in Texas: (1) there was an intent to make a gift; (2) there was delivery of the gift; and (3) the gift was accepted. In your case, it sounds like it was intended as a gift, that it was delivered to you/put into your possession, and you accepted the gift. This standard is recited by the Austin Court of Appeals in LaPree v. LaPree and numerous other cases. Therefore, you have legal right to hold onto the gun and the other person has little/no recourse. As to them threatening to file theft charges, it may just be because they have a misunderstanding of the law or regret gifting it to you and are hoping you'll just give it back. Whether or not their conduct falls under the crimes of extortion or blackmail depends on a variety of factors. Because you put this under libel, slander, and defamation, I'll briefly touch on that as well. For something to be libel/slander/defamation, it must be a communication made to a third-party and cause you harm or be such a comment that it can be presumed harmful. Essentially, if the gift-giver is going around telling other people you're a thief, you may have a claim against them for defamation, but it's unclear as of right now based on the limited information you've provided so far.... Read More