under 21 with H/G in car

A meeting place for CHL instructors

Moderators: carlson1, Crossfire

Post Reply

Topic author
o b juan
Senior Member
Posts in topic: 2
Posts: 427
Joined: Fri Feb 22, 2013 12:44 pm

under 21 with H/G in car

#1

Post by o b juan »

under 21 but 18 handgun in car as he is going bow hunting in the brush country north of the border ..

what is the law ( please quote PC #) on someone under 21 will the MPA cover him??
CHL Instructor since 95'/ School safety Since Jan 17' :patriot:
User avatar

sjfcontrol
Senior Member
Posts in topic: 1
Posts: 6267
Joined: Wed Oct 28, 2009 7:14 am
Location: Flint, TX

Re: under 21 with H/G in car

#2

Post by sjfcontrol »

Age is not mentioned in the MPA law (PC 46.02 (a-1) & (a-2)). However the individual must be legally allowed to possess a firearm. And I believe the federal laws prohibit somebody under 21 from BUYING a pistol, but does not prohibit him from POSSESSION of same.
Range Rule: "The front gate lock is not an acceptable target."
Never Forget. Image
User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18502
Joined: Sat Aug 18, 2007 3:29 pm

Re: under 21 with H/G in car

#3

Post by Keith B »

The statutes only state you cannot give access to a person under 17 a firearm. At 17 they can possess one legally.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
User avatar

RoyGBiv
Senior Member
Posts in topic: 1
Posts: 9551
Joined: Wed Jan 05, 2011 11:41 am
Location: Fort Worth

Re: under 21 with H/G in car

#4

Post by RoyGBiv »

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;

See 46.02 and 46.13
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek

Topic author
o b juan
Senior Member
Posts in topic: 2
Posts: 427
Joined: Fri Feb 22, 2013 12:44 pm

Re: under 21 with H/G in car

#5

Post by o b juan »

Thanks I knew that but had never been specifically asked the questyon
CHL Instructor since 95'/ School safety Since Jan 17' :patriot:

switch
Senior Member
Posts in topic: 1
Posts: 528
Joined: Mon Apr 24, 2006 6:06 am
Location: Venus, TX
Contact:

Re: under 21 with H/G in car

#6

Post by switch »

Federal law says 18 (unless they have written permission from a parent AND are going hunting, fishing, agricultural activities, etc.)

State law says 17.(for a loaded gun)

Now, can a 16 year old have a gun in the car? They way I read the law is YES, if it is unloaded - stick the gun and the loaded magazine in the glove box - tell them to NOT load it unless for self-defense. :)

wgoforth
Senior Member
Posts in topic: 1
Posts: 2113
Joined: Tue Dec 09, 2008 11:12 pm
Location: Brownwood, Texas

Re: under 21 with H/G in car

#7

Post by wgoforth »

This is a question I have asked many Leo's just to see their response. Although legally I believe they can, all LEO's I have asked have said "must be 21" (INCLUDING at DPS instructor school). Keep in mind that a good portion are not familiar with MPA period. I always tell people on this that my take on the Penal Code is that it is legal. However, ~could~ they get in trouble for it? Yes.
NRA Life Member
NRA Instructor for Refuse To Be A Victim
Instructor of Basic, Advanced and Defensive Handgun, CHL
http://www.castlekeepservices.com" onclick="window.open(this.href);return false;

mud farmer
Junior Member
Posts in topic: 1
Posts: 11
Joined: Sat Dec 07, 2013 4:50 pm

Re: under 21 with H/G in car

#8

Post by mud farmer »

switch wrote:State law says 17.(for a loaded gun)

Now, can a 16 year old have a gun in the car? They way I read the law is YES, if it is unloaded
Texas law says you can't make a loaded gun available to them but it's not illegal under Texas law for them to load it and to have a loaded gun in their car in Texas. All bets are off in Mexico.
Post Reply

Return to “Instructors' Corner”