Aguilar v. Texas
In Aguilar v. Texas, 710 S.W.2d 779, 780 (Tex. Ct. App. 1986) (pet. for review refused 1987), the Court of Appeals of Texas affirmed that "momentary possession of a pistol, even if fired, is insufficient evidence to support" a "carrying" conviction.
The court held that a man who picked up a revolver and pointed it at a security guard had not unlawfully carried a handgun. Id. The security guard estimated that the defendant had held the gun for about seven seconds.
The court relied on precedent holding that momentary possession of a gun without "asportation or conveyance" did not amount to carrying a gun. See id. Cf. Bohn v. Texas, 651 S.W.2d 274, 277 (Tex. Ct. App. 1983)(explaining that asportation of the weapon is not essential to find "carrying").