Page 1 of 1
Under 18 and 21 laws??
Posted: Thu May 02, 2013 11:11 am
by Lubttu
I have been looking for a while on this forum and other places for info.
What are the laws for someone under 18 carrying firearms? How about 18-21?
Handguns & rifles/shotguns?
We have land that we own about an hour away from us. My son wants to go out by himself, or with a friend to hunt/shoot. I have raised him around guns and hunting, so I trust him to go.
He has a pickup with a toolbox that locks.
I would think once he is on the land, he is fine. It is just getting there. If he can get the pistol there, can he open carry?
Thanks for the info, I understand most of laws concerning me with a CHL.
Re: Under 18 and 21 laws??
Posted: Thu May 02, 2013 1:34 pm
by mewalke
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
Re: Under 18 and 21 laws??
Posted: Fri May 03, 2013 11:56 am
by ralewis
Found this. Seems reasonable. I'm grew up in PA, and hunters 16 and older can hunt alone. I was surprised to see the variation of age requirements at this site. BTW, I'm not saying this is verified information.
http://gothunts.com/hunting-age-requirements/" onclick="window.open(this.href);return false;
Texas Hunting Age Requirements
· Every hunter born after Sept. 2, 1971 must successfully complete a hunter education course
· Young hunters age 9 – 16 must be accompanied by a person who is at least 17 and is licensed to hunt in Texas.
·
http://www.tpwd.state.tx.us/" onclick="window.open(this.href);return false;
Re: Under 18 and 21 laws??
Posted: Fri May 03, 2013 1:37 pm
by nightmare69
ralewis wrote:
Texas Hunting Age Requirements
· Every hunter born after Sept. 2, 1971 must successfully complete a hunter education course
· Young hunters age 9 – 16 must be accompanied by a person who is at least 17 and is licensed to hunt in Texas.
·
http://www.tpwd.state.tx.us/" onclick="window.open(this.href);return false;
The hunter safety course was the biggest waste of time I ever had to sit through. 2 days course, 8hr first day and 4hrs the next. I was 22 and taking it, 12hr course is waaaaay to long.
Re: Under 18 and 21 laws??
Posted: Fri May 03, 2013 2:45 pm
by hillfighter
The hunter safety rules do apply to hunting. For other gun uses, mewalke posted the link to 46.13 which doesn't restrict the teenager as much as it does parents and other adults.
Re: Under 18 and 21 laws??
Posted: Fri May 03, 2013 11:45 pm
by srothstein
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.
Re: Under 18 and 21 laws??
Posted: Sat May 04, 2013 9:20 am
by mewalke
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.
Re: Under 18 and 21 laws??
Posted: Sat May 04, 2013 9:15 pm
by srothstein
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.
Re: Under 18 and 21 laws??
Posted: Sun May 05, 2013 1:22 pm
by mewalke
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.
Re: Under 18 and 21 laws??
Posted: Wed May 08, 2013 2:27 pm
by Lubttu
Wow. I thought this would be an easier question than it has turned out to be. I am not sure I know an attorney that would know the answer without a lot of research. And I really do not want to pay for it. Right now, I just let him carry long guns, locked in toolbox till he gets to our land.
I have learned so much from this forum, but had never seen this talked about.
Thanks for all the help
Re: Under 18 and 21 laws??
Posted: Thu May 09, 2013 11:22 pm
by rockinar
At 18 he's allowed to purchase and posses long guns on both Federal and State level. If he or his friend is 18, just allow him to go out with long guns and there's zero confusion or issue that can come up. If he's under 18 and he gets pulled over with any gun, I'd bet he's going to be in trouble.