Author Topic: Handgun possession under 21  (Read 7673 times)

Blackstock53

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Handgun possession under 21
« on: December 01, 2015, 04:20:34 PM »
Is it lawful as a person under the age of 21 in the state of Texas without a CHL to carry a concealed and loaded handgun in their personal vehicle?

Neighbor

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Re: Handgun possession under 21
« Reply #1 on: December 01, 2015, 05:41:32 PM »
See below from the "Ask the Lawyer" forum

TexasLawShield
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Re: Juvenile w/gun in car in TX
Reply #1 on: August 07, 2015, 08:59:55 AM
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switch,

The Texas penal code does make it a crime to sell, rent, lease, or give a firearm to any child younger than 18 years old. Likewise, the federal law mandates that a person must be 18 to possess a handgun or handgun ammo. However, these are two separate crimes. The written letter is a defense to the crime of selling or giving a gun to a minor by a private individual; not a defense to possession by the minor. Therefore, regardless of your written letter of permission, there is no defense to the federal crime.

The defense to the crime of the possession by the minor does include being engaged in agricultural activities; however, if the minor is not farming or ranching, she will not be able to avail herself of this defense. Hunting or sporting purposes can be a defense for children, but only with adult supervision and is for that purpose. Therefore, if you or another person older than 18 is not the car, she is in a bad place.

In summation, she would not be able to defend against the illegal possession charge, regardless of written letters, or the presence of a tackle box, so tell her to turn 18 as fast as she can!
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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Re: Juvenile w/gun in car in TX
Reply #2 on: August 07, 2015, 12:30:53 PM
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DPS does NOT teach instructors that.  They only teach it's a Class C misdemeanor to allow a child UNDER 17 access to a readily dischargeable gun.  That's a Class C against the adult, nothing about any possible charges on the minor. :(

Which TX law says minors under 18 can be charged if they have a gun.  What class of crime?  What's the likely fine?
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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TexasLawShield
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Re: Juvenile w/gun in car in TX
Reply #3 on: August 10, 2015, 09:32:05 AM
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The law criminalizing handgun possession by minors is a federal law, and can be found in 18 U.S.C. 922(x)(2). The penalty, per 18 U.S.C. 924(a)(6)(A)(i) is a maximum of one year imprisonment, a fine, or both, though there are mitigating factors can reduce it to probation.
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Re: Handgun possession under 21
« Reply #2 on: December 02, 2015, 07:25:28 AM »
How often/likely is the federal law invoked?  Isn't it pretty much like the 1,000 ft school zone restriction?  Never used?

We don't have US Marshals of FBI agents stopping minors to see if they have guns, don't have letters from their parents, etc.

If I had a 16 year old daughter, I'd think long and hard about disarming her when she had to drive by herself.

Under TX law, it would be legal for her to have an unloaded gun (as long as concealed).  (Johnson county DA, who is a law unto himself, says if the gun has bullets close by, it is considered loaded - that is NOT what the law says. :( )  TX law says it a Class C misdemeanor.  That law is designed to punish someone that leaves a gun on his night stand and lets a child get access.  It was NOT intended for use against a parent that trains/arms his/her child for self-defense.  Granted, it could be used against you, still it is ONLY a Class C.

TexasLawShield

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Re: Handgun possession under 21
« Reply #3 on: December 10, 2015, 02:41:08 PM »
Blackstock53,

Under federal law, a person must be at least 18 years of age in order to possess a handgun. 18 U.S.C. 922(x)(2). There is no Texas Law directly specifying that persons under a certain age are prohibited from possessing a firearm, however, Texas law does specify that persons under 17 must be supervised or that certain other conditions must be met in order for a juvenile to possess a firearm.

TPC 46.02 will allow a person who is at least 18 to possess on their property, property under their control, and inside their vehicle.

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Re: Handgun possession under 21
« Reply #4 on: December 10, 2015, 06:54:58 PM »
AGAIN that's Federal law. In TX, 46.13, says a child is "younger than 17".  The only time TX law mentions 18 is when you have to be older than 18 to supervise someone younger than 17 w/a gun. :)

It's a Class C, if you allow a child to gain access "with criminal negligence".  I'd argue giving a gun to my kid for self-defense is NOT criminal negligence, (One of the exceptions is self-defense).  If I lose that argument, it's still only a Class C, will not affect my LTC.  I'll pay the ticket.  That law is designed to keep someone from laying the gun on the night table, not to punish you for training/arming your child for self-defense while driving.

If you don't want the ticket, give them an empty gun and loaded magazine.  "Don't load it unless you need to shoot someone/something."  (NOTE: Johnson county DA says 'loaded' means has bullets close to the gun. That is NOT what the law says.  YMMV)