ATTENTION ALL LEGAL SCHOLARS

CHL discussions that do not fit into more specific topics

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Xander
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#16

Post by Xander »

BShook wrote:I thought the law stated something about being able to carry a handgun in your vehicle if you can legally own said gun?

An 18-year-old can't legally own a handgun, unless I'm mistaken... I thought the age requirement was 21?

I could be wrong though.
What you're thinking of is the requirements for buying a handgun. You can't buy a handgun until you're 21. You can legally possess one however, even if you're younger than 21.

frankie_the_yankee
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#17

Post by frankie_the_yankee »

stevie_d_64 wrote:Charles brought up something wayyyyy back in the day when this first came to light...

Sure, you got the gun in the car with you...But unless you are some kind of really good shot...

Once you step out of the vehicle and you possibly discharge that gun...Alot of "other" things come into play...

I kinda took that as a good reason to go ahead and get your CHL anyway if you can...
I would fully agree that anyone who can should get a CHL.

But I think concern about stepping out of the vehicle and discharging the gun is overblown.

If it is a legitimate use of force in self defense, the defense of "necessity" will come into play. In that case, leaving the vehicle with the gun should not be a problem.

If the use of force was NOT legitimate, leaving the car will be the least of one's worries.
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Liberty
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#18

Post by Liberty »

BShook wrote:I thought the law stated something about being able to carry a handgun in your vehicle if you can legally own said gun?

An 18-year-old can't legally own a handgun, unless I'm mistaken... I thought the age requirement was 21?

I could be wrong though.
That is 21 to purchase it.

edited for correctness
Last edited by Liberty on Mon Aug 27, 2007 4:20 pm, edited 1 time in total.
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Charles L. Cotton
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#19

Post by Charles L. Cotton »

frankie_the_yankee wrote:
stevie_d_64 wrote:Charles brought up something wayyyyy back in the day when this first came to light...

Sure, you got the gun in the car with you...But unless you are some kind of really good shot...

Once you step out of the vehicle and you possibly discharge that gun...Alot of "other" things come into play...

I kinda took that as a good reason to go ahead and get your CHL anyway if you can...
I would fully agree that anyone who can should get a CHL.

But I think concern about stepping out of the vehicle and discharging the gun is overblown.

If it is a legitimate use of force in self defense, the defense of "necessity" will come into play. In that case, leaving the vehicle with the gun should not be a problem.

If the use of force was NOT legitimate, leaving the car will be the least of one's worries.
If I recall the thread, I was talking about stepping out of the car in general, not during a fight. I agree, if the shooting is justified, I don't think you'll have to worry about getting out of the car and being charged with UCW. A purely technical defense would be "Necessity" under TPC §9.22. However, I don't think you'd ever get to the point of having to assert that defense.

Chas.

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#20

Post by BShook »

Xander wrote:
BShook wrote:I thought the law stated something about being able to carry a handgun in your vehicle if you can legally own said gun?

An 18-year-old can't legally own a handgun, unless I'm mistaken... I thought the age requirement was 21?

I could be wrong though.
What you're thinking of is the requirements for buying a handgun. You can't buy a handgun until you're 21. You can legally possess one however, even if you're younger than 21.
Ahh, that's where I went wrong. Thanks Xander, SeamusTX, and Liberty!

EASTTEXGLOCKER
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ATTENTION ALL LEGAL SCHOLARS

#21

Post by EASTTEXGLOCKER »

I was reading posts of folks answering carson1 request, and it came to my mine and excuse please if this has been answered before, to make this as simple as I can does this apply for the men and women that are age 18 to not yet 21 and serving the armed services ( IRAQ ) and are in the USA .And are on leave for a few days or weeks ,is their any exception for them . I KNOW they have weapons when on duty, have nephew in IRAQ.

will
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seamusTX
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#22

Post by seamusTX »

The car-carry exemption applies to anyone who owns or is in control of a vehicle. There is no age restriction.

- Jim

EASTTEXGLOCKER
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no age restriction

#23

Post by EASTTEXGLOCKER »

I appreciate your response, I guess I was thinking along the lines that the young men and women who are serving in IRAQ can use the weapon in order to defend and protect in other countries , I was not sure that they would be the exception to any local laws ( USA ) because of there active involvement in IRAQ. It struck me that they had weapons and use of them but can not buy a weapon until their 21 birthday,that was the part I also was thinking of, thank seamusTX.

WILL
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MTICop
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Re: no age restriction

#24

Post by MTICop »

EASTTEXGLOCKER wrote:I appreciate your response, I guess I was thinking along the lines that the young men and women who are serving in IRAQ can use the weapon in order to defend and protect in other countries , I was not sure that they would be the exception to any local laws ( USA ) because of there active involvement in IRAQ. It struck me that they had weapons and use of them but can not buy a weapon until their 21 birthday,that was the part I also was thinking of, thank seamusTX.

WILL
The new CHL laws in effect 1 Sep also allow for military. If you are military, you can get a CHL at 18. The state has also waived their fee for registration for all Active, Guard, Reserve and retired military. There is a restriction on the retired military with regard to how long ago they retired but it is still there.

I finally pulled the trigger, no pun intended, on getting my CHL about 3 weeks ago. I found out about the registration fee being waived at the class so I will be sending in my package this week.
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seamusTX
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#25

Post by seamusTX »

It's true that someone can enlist in the military at age 18 and qualify to carry an automatic rifle or shoulder-mounted missile launcher, drive a tank, and perform other duties that can wreak widespread havoc. And yet they cannot buy a handgun from a gun shop or even possess one in many states.

Texas does not have an age restriction on possession of weapons. The age restriction for purchase is a federal law.

- Jim

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Re: ATTENTION ALL LEGAL SCHOLARS

#26

Post by BrassMonkey »

1. Yes
2. Yes - "Withint he State of Texas. They go to another state, they are bound by that state's laws.
If they are nto part of a criminal street gang and not a prohibited person.
carlson1 wrote:Please give me down to earth terms regarding the Travelling law going into effect.
1. Can an 18 year old carry a loaded concealed handgun in his car?
2. Can the gun be in the car at all time no matter where or how far you travel?

Thanks for your help.
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EASTTEXGLOCKER
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ATTENTION ALL LEGAL SCHOLARS

#27

Post by EASTTEXGLOCKER »

Carson1 let me say I did not mean to hijack this post , I am now better informed to those that replied to my thoughts ,thanks.

will
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mcub
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#28

Post by mcub »

You folks forget something that’s import.
The potential for allegations against the person.

All it would take is one unhappy (like an x-friend) to say " x said he has a gun and he coming back..." Then the person will be in very serious trouble.

I don’t have a CHL for elf defense, but as a legal convince for the ocational times I have one.
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