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by ScottDLS
Fri Sep 25, 2009 10:01 am
Forum: General Texas CHL Discussion
Topic: How do i carry a handgun?
Replies: 37
Views: 5063

Re: How do i carry a handgun?

The Annoyed Man wrote:
ScottDLS wrote:Possession of a handgun by an ADULT (over 18) under 21 is not a crime. Carrying one without a CHL or without meeting terms of MPA or other exemptions is a crime, just like for over 21. In fact, Texas allows active duty/former military under 21 to obtain a CHL. MPA covers adults under 21. 18 is the age of majority in Texas. 21 year old drinking age is irrelevant.

Still think the OP either works for a nut job or is pulling our chain. I can wire money from my bank account with a phone call or fax and good funds are available faster than I could drive over to a local bank and have them count the money.
Scott, let me ask you the following couple of things...

In Texas, we make a CHL exception for active duty military between the ages of 18 and 21. In Texas, an 18 year old cannot buy handgun ammunition, while a 21 year old may do so. So, whatever we might think about the constitutional implications, there is unquestionably a gray legal area for people over 18, but not yet 21. So, where does that come from?

Scenario: You're an LEO, and you make a traffic stop on a 20 year old male. He appears to be nervous... ...more nervous than he should be if all were normal. So you get him out of the car and search the vehicle. In that vehicle, you find a handgun and $150,000 in cash. What are you likely to suspect?

Now, the OP has told us that he is under 21, that he wants to know if he may legally carry a handgun in his vehicle, and that he regularly carries large amounts of cash in the vehicle, even amounts in the "six figures" as he put it. NONE of this is, on its face, illegal.

However, put yourself in that LEO's shoes. Whether the OP's actions are or are not legitimate, the appearance of a nervous young man, gun in possession, and in possession of a huge amount of cash is going to lead that officer to some pretty unfavorable conclusions. IF the officer's conclusion is that the OP is a drug dealer, for instance, then is he using a gun in the commission of a crime? IF the officer thinks that the OP might be a gang member or has known gang associations, then the very fact that he has a gun is illegal, as I understand Texas law.

We only know those "facts" that the OP has given us. I am, like a lot of other guys on this board, the father of a son who is under 21, and the only thing I can do is ask myself, "What advice would I give to my own son, knowing no more than I've been told here?"
A LEO "thinking" that you're acting nervous or a gang member doesn't break the law. Carrying a bunch of cash, even $1,000,000 is not a crime, otherwise the Brinks guys would be getting arrested daily. There is no Texas law against an 18 year old purchasing handgun ammunition, or a handgun for that matter. There is nothing "grey" about it. There is no Texas law prohibiting it. Presumably you can't be convicted of a crime where there is no criminal statute.

Federal law says under 21 cannot purchase handguns or handgun ammo from a Federal Firearms Licensee. This has nothing to do with possessing a handgun and there are numerous ways for an 18-20 year old to legally obtain a handgun and ammo under both state and federal law, so there should be no presumption that a law was broken.

When I was 20 I used to open carry a .45 auto (in NC it was legal). My father bought the gun and gave it to me as a gift. Quite regularly I would go to the gun store and have a friend or parent purchase ammo for us, right in front of the FFL and occasionally a a LEO. This was and is perfectly legal in NC and TX. [edit...the obtaining of gun and ammo is legal, open carry generally not legal in TX]

I can't go through life worrying that my lawful actions are going to offend the sensibilities of some law enforcement officer somewhere.
by ScottDLS
Tue Sep 22, 2009 9:38 am
Forum: General Texas CHL Discussion
Topic: How do i carry a handgun?
Replies: 37
Views: 5063

Re: How do i carry a handgun?

Possession of a handgun by an ADULT (over 18) under 21 is not a crime. Carrying one without a CHL or without meeting terms of MPA or other exemptions is a crime, just like for over 21. In fact, Texas allows active duty/former military under 21 to obtain a CHL. MPA covers adults under 21. 18 is the age of majority in Texas. 21 year old drinking age is irrelevant.

Still think the OP either works for a nut job or is pulling our chain. I can wire money from my bank account with a phone call or fax and good funds are available faster than I could drive over to a local bank and have them count the money.

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