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by mewalke
Sun May 05, 2013 1:22 pm
Forum: General Texas CHL Discussion
Topic: Under 18 and 21 laws??
Replies: 10
Views: 1629

Re: Under 18 and 21 laws??

srothstein wrote:
mewalke wrote:The federal laws only cover sale/purchase of firearms from licensed dealers. So in this situation they don't have any relevance.
I am not sure if this is true or not. This page makes reference to other federal laws too. I understood that there was a federal law concerning juveniles must have written permission from their parent to have possession of a firearm, among other rules. I could be wrong of course, but we need to get someone with more knowledge of federal laws to say.
I agree that a qualified attorney would need to provide him with an opinion, but the GCA of 1968 says that it is illegal for a person to sell, deliver, or otherwise transfer a handgun to a person under the age of 18. So the only gray area between Texas law and Federal law is a person of age 17. That being said, my understanding having read legal opinions related to that section of the GCA is that it does not apply to family.

from the exception wording of the GCA:
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile:

(A) a handgun;or

(B) ammunition that is suitable for use only in a handgun.

(2) It shall be unlawful for any person who is a juvenile to knowingly possess:

(A) a handgun;or

(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to:

(A) a temporary transfer of a handgun or ammunition to a juvenile or to thepossession or use of a handgun or ammunition by a juvenileif the handgun andammunition are possessed and used by the juvenile:

(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except:
All that being said, if you kid is 17, check with a qualified attorney before allowing him to possess a handgun without your supervision, as I stated in previous posts.
by mewalke
Sat May 04, 2013 9:20 am
Forum: General Texas CHL Discussion
Topic: Under 18 and 21 laws??
Replies: 10
Views: 1629

Re: Under 18 and 21 laws??

srothstein wrote:The problem with this is there are two sets of laws. Texas laws mention age in very few places.

but federal law is different and places severe restrictions on juveniles. I do not even pretend to know or understand them, just know that they exist.

All of which means you really do need a lawyer who specializes in firearms law and knows both the state and federal laws.
The federal laws only cover sale/purchase of firearms from licensed dealers. So in this situation they don't have any relevance.

Basically, if your child is 17 or older he or she can legally possess a firearm for hunting or sporting without issue. But I will defer to the law as linked above or a qualified attorney to provide an actual legal opinion.

If they will be hunting they need a hunting license with required class etc... but that was outside the scope of the OPs original question.
by mewalke
Thu May 02, 2013 1:34 pm
Forum: General Texas CHL Discussion
Topic: Under 18 and 21 laws??
Replies: 10
Views: 1629

Re: Under 18 and 21 laws??

If you are very concerned I would get the opinion of an attorney specializing in firearms related law but here are some specific sections of the law that I would think apply to your question:

Unlawful Carrying of Weapons
Title 10 Chapter 46 Section 46.02

Unlawful Possession of a Firearm
Title 10 Chapter 46 Section 46.04

Making a Firearm Accessible to a Child
Title 10 Chapter 46 Section 46.13

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