Carrying a pistol in vehicle w/o CHL

[Amistad]

I met my son at a place in Houston (I'm in San Antonio) and I borrowed a pistol from him for a few weeks. One of his friends told him that it was illegal for him to bring the gun to me since he doesn't have a CHL. But isn't such a transport OK so long as the weapon is not on his person and is not displayed in plain sight? Thanks!

Amistad

 

[MR Redneck]

Whoever told him that needs to just shut up.. Probably shouldnt vote either!
You dont need a CHL to have a Concealed handgun inside your vehicle. He can have it in his pocket, under his hat, sitting on it, or anywhere it cant be seen from outside of the vehicle. Loaded or unloaded, it doesnt matter. Keep it out of plain view and if anyone ask if you have a gun in the vehicle , " I would respond by saying there is nothing illegal in my vehicle", nothin more.
Now understand you can only conceal a hand gun inside of a vehicle under your controll..
Long guns, it doesnt matter where they are inside the vehicle. They can be seen and it doesnt matter.
Basicly the State Law Makers want you to run around hiding your stuff and being sneeky. I think hand guns make them pee their pants or something.

 

[jsimmons]

You do NOT need a CHL to carry a weapon in your car, but if it's a handgun, it must be "concealed from view", and he'll be perfectly legal. It can even be loaded. If he wants to exercise an abundance of caution, he can put the weapon in the trunk of his car during the trip.

 

[robin303]

You crack me up Mr. Redneck.

 

[Phishman]

Probably not the case, but worth mentioning: Must be 21 to purchase a handgun or have one in your car/outside of home. As long as your son is 21 he is GTG.

 

[Bithabus]

Probably not the case, but worth mentioning: Must be 21 to purchase a handgun or have one in your car/outside of home. As long as your son is 21 he is GTG.

You were correct; this is not the case.

You do have to be 21 to buy a handgun from a dealer though.

 

[matefrio]

Probably not the case, but worth mentioning: Must be 21 to purchase a handgun or have one in your car/outside of home. As long as your son is 21 he is GTG.

Must be 21 to purchase a handgun from an FFL. You can purchase a handgun from a private seller at 18 years old and you can carry in your car at 18 as long as it's concealed same as a 80 year old.

 

[RusRoman]

What everyone said is sport on. Just want to add that it's also legal to carry a handgun concealed, even if one doesn't have a CHL, from the living premises of the individual directly to his car.

 

[txinvestigator]

Must be 21 to purchase a handgun from an FFL. You can purchase a handgun from a private seller at 18 years old and you can carry in your car at 18 as long as it's concealed same as a 80 year old.

There is no law prohibiting handgun carry in a car by someone under 18......

 

[MR Redneck]

My nephew carried hanguns in his P.U. when he was under the age of 18.. Everytime he came by my place, I didnt run away screeming either. He like guns, and I would rather have him around here than some kid that want to dress and act like a hoodlum..

 

[matefrio]

There is no law prohibiting handgun carry in a car by someone under 18......

Correct. Texas law doesn't cover this. I should clarify I was adding Federal law.

Federal prohibits. with certain exceptions, possession of handguns or handgun ammunition by persons under 18. 18 U.S.C. § 922(x)(2), (3) and (5).

Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.
x)(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 the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition 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 - (I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and (iv) in accordance with State and local law; (B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty; (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. (4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age.
Texas law and Minors.
No person may intentionally or knowingly sell, rent, lease, or give or offer to sell, rent, lease, or give any firearm to any child younger than age 18. Tex. Penal Code § 46.06(a)(2). However, it is an affirmative defense to this offense that the parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. Section 46.06(c).

 

[Bithabus]

Federal prohibits. with certain exceptions, possession of handguns or handgun ammunition by persons under 18. 18 U.S.C. § 922(x)(2), (3) and (5).

Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.
x)(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 the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition 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 - (I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and (iv) in accordance with State and local law; (B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty; (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. (4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age.

Another example of the central gov overreaching and violating the Constitution. What's the made up justification for this one? "Juveniles frequently travel between States and thus may be considered a from of interstate commerce"?

 

[M. Sage]

Doesn't matter, since apparently local police can't enforce federal laws without specialized training. How many do you suppose were trained in that particular law? How many traffic stops does the BATFE participate in?

That's just another of those overreaching, unenforced and unenforceable laws that I... um... what's that word again?

Oh yeah: "Ignore."

 

[matefrio]

Doesn't matter, since apparently local police can't enforce federal laws without specialized training. How many do you suppose were trained in that particular law? How many traffic stops does the BATFE participate in?

That's just another of those overreaching, unenforced and unenforceable laws that I... um... what's that word again?

Oh yeah: "Ignore."

Mom won't write you a letter? :-)