18 Year Old Handgun - Question
- Thread starter APD422
- Start date
The #1 community for Gun Owners in Texas
Member Benefits:
Fewer Ads! Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Share photos & video with other members ...and so much more!
Member Benefits:
.png)
Re: 18 Year Old Handgun
My opinion is the following:
The MPA does not have an age requirement.
The ownership of a handgun does not have an age requirement.
The possession of a handgun is limited to 18+.
It'd stand to reason that with the above criteria that you'd be OK carrying a handgun in the car.
The kicker is the on or about your person being deemed a CHL activity. Personally I think this is reading too far into the law. If you trust a person to carry a handgun in the vehicle as part of the overall self-defense metric, then the meaning of the law should be across the board. That's not how it works in the real world, but again, my opinion.
I concur with reading the laws and deducing your own idea.
My opinion is the following:
The MPA does not have an age requirement.
The ownership of a handgun does not have an age requirement.
The possession of a handgun is limited to 18+.
It'd stand to reason that with the above criteria that you'd be OK carrying a handgun in the car.
The kicker is the on or about your person being deemed a CHL activity. Personally I think this is reading too far into the law. If you trust a person to carry a handgun in the vehicle as part of the overall self-defense metric, then the meaning of the law should be across the board. That's not how it works in the real world, but again, my opinion.
I concur with reading the laws and deducing your own idea.
txinvestigator
TGT Addict
txinvestigator
TGT Addict
Re: 18 Year Old Handgun
the answers you seek are in chapter 46 of te Texas Penal Code. The state legislature servers are down, but you can try to acess the Texas DPS website. Go to the CHL section and you will see a .pdf with these laws.
Remember, laws generally tell you what is not legal. They do not tell you what activities are lawful. If a thing is not prohibited by law, it is lawful.
Possession is not restricted to 18 and over. Car carry is not restricted by age.
Be safe
the answers you seek are in chapter 46 of te Texas Penal Code. The state legislature servers are down, but you can try to acess the Texas DPS website. Go to the CHL section and you will see a .pdf with these laws.
Remember, laws generally tell you what is not legal. They do not tell you what activities are lawful. If a thing is not prohibited by law, it is lawful.
Possession is not restricted to 18 and over. Car carry is not restricted by age.
Be safe
Re: 18 Year Old Handgun
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Re: 18 Year Old Handgun
I've heard police articulate that when the gun is within reach it's deemed "on or about the person" meaning it's in a CHL-mandated state. With the vehicle being defined as a residence, it would stand to reason that it's defiant in opinion to what is stated. The issue is that arguing law on the side of the road is not going to help your cause, especially at the age of 18. It's a misunderstanding of the MPA, but I've ran into it.
I've heard police articulate that when the gun is within reach it's deemed "on or about the person" meaning it's in a CHL-mandated state. With the vehicle being defined as a residence, it would stand to reason that it's defiant in opinion to what is stated. The issue is that arguing law on the side of the road is not going to help your cause, especially at the age of 18. It's a misunderstanding of the MPA, but I've ran into it.
txinvestigator
TGT Addict
Re: 18 Year Old Handgun
A vehicle is not defined as a residence
46.02 of the penal code makes it unlawful to carry a handgun on or about your person if you are not (in part) inside of a motor vehicle you own or are in control of. That means, clearly, that if you are in your own car you CAN have a handgun on or about your person. CHL is irrelevant.
A vehicle is not defined as a residence
46.02 of the penal code makes it unlawful to carry a handgun on or about your person if you are not (in part) inside of a motor vehicle you own or are in control of. That means, clearly, that if you are in your own car you CAN have a handgun on or about your person. CHL is irrelevant.
txinvestigator
TGT Addict
Absolutely not what?
My .02, and I'm not a lawyer, sure. So long as you abide by the restrictions of the MPA.
txinvestigator, I am kinda wondering what he meant by that also.
Probably did not take time to read the thread and fully understand the validity and relevance of the information that has been posted here, just shot his mouth off.
Maybe it was a direct answer to the original post. Who knows?
Members online
- justmax
- Texasgordo
- tinplas
- tekiwap
- blueangel64
- crystalphoto
- glenbo
- ZX9RCAM
- Randyjaco
- Chupacabra Hunter
- gamboolman
- Me
- ballen23116
- prisondoc
- Amated
- unicom
- kbaxter60
- striker55
- craigntx
- skfullgun
- Ingramite
- Dred
- 2ManyGuns
- jlw
- GavinAtkins
- AlteisenMkII
- zackmars
- Younggun
- Big Dipper
- MikePotts
- Wmb556
- Armybrat
- Txhighlander
- JapieB
- motorcarman
- NikelATX
- reddog
- Renegade
- Lead Belly
- TwentyFive
- bigdhornfan
- innominate
- Dermako
- Tmag109
- Big Green
- Pdog2062
- 007FJ
- NP1724
- Hoji
- myroverleaks
