Handgun possession under 21

[Nightwatch]

Sometimes the locals give up to the feds a case to get the stronger charge/penalty. Sometimes the feds turn a case that they could prosecute back to the state because they don't want to mess with it...putting it nicely, and the state prosecutes them under state law. Co-operation, donchaknow.

 

[diesel1959]

Sometimes the locals give up to the feds a case to get the stronger charge/penalty. Sometimes the feds turn a case that they could prosecute back to the state because they don't want to mess with it...putting it nicely, and the state prosecutes them under state law. Co-operation, donchaknow.

because you saw it on TV, right?

In real life, the feds very rarely adopt a case from the locals UNLESS it is to their extreme advantage--federal prosecutorial assets are very limited and they tend to get very selective about taking over cases unless there's money in it, or really good press to be had, or it's an absolute throw-down case that will not require court time.

Do you have any clue how difficult it is for locals who find a convicted felon in possession of a firearm to have that case adopted by the feds? Ask any experienced local officer you know and you might be shocked by the answer you get. Hopefully that will change, but . . .

 

[TexasRedneck]

That is true-just didn't pertain to the OP's questions. My son, an Army Reservist, got his CHL at 18, carried a pistol, but I had to give him one-he couldn't buy one himself.

The original question - yes, he can legally carry one in the car under the MPA. He can't buy one from an FFL, but he can buy a handgun from a private owner and be fully within the law.

And, yes - an active duty or veteran 18-21 may qualify for and obtain a Texas LTC. Nothing there puts him/her in ANY jeopardy of violating any federal law.

 

[Nightwatch]

because you saw it on TV, right?

In real life, the feds very rarely adopt a case from the locals UNLESS it is to their extreme advantage--federal prosecutorial assets are very limited and they tend to get very selective about taking over cases unless there's money in it, or really good press to be had, or it's an absolute throw-down case that will not require court time.

Do you have any clue how difficult it is for locals who find a convicted felon in possession of a firearm to have that case adopted by the feds? Ask any experienced local officer you know and you might be shocked by the answer you get. Hopefully that will change, but . . .

No, sir, actually because we DID just that when I was a cop working with detectives on cases...and I grant you that was in the 70s, but it still worked to the benefit of all except the criminal. We were more often on a first-name basis and actually helped each other. I've actually witnessed federal officers say "Thank you" to locals for their help...don't see that much on TV, do you?

Didn't have much time for watching TV when I was young...now-I do.

The reverse is more common-them tossing the locals a bone because they don't want to bother but don't want the person to go free.

 

[Nightwatch]

The 18-year-old who can carry a rifle/pistol for his country but can't buy a pistol for himself is ANOTHER of the botches in so-called "gun control."

 

[txinvestigator]

I haven't seen many locals who'd want a fed riding with them, no.

Texas peace officers may make warrantless arrests in felony cases...the SC has held that state officers may make arrests for federal felonies, and a Texas AG opinion has held that it can be done.

Only in specific situations and only when the local LEO s trained in and sworn in to enforce federal law. That is why I used the term "generally"

Federal game wardens and Tx game wardens crosstrain and Tx game wardens enforce federal game laws. I don't know what other cooperative efforts exist.

That is exactly how it works. They are sworn and file their federal cases in federal court.

A street cop in Dallas cannot arrest for a federal felony UNLESS it is also a violation of Texas law. Then the offender is arrested on the state violation and filed on in state courts. A federal prosecutor is contacted for the federal violation.

 

[Nightwatch]

I policed in another state, but in several areas, bank robbery, railroad boxcar theft, oilfield equipment theft, and immigration we did arrest on federal crimes and weren't on a task force or cross-sworn. We'd just hold them and the feds would come get them and our evidence. Some were where the crime was both state and federal, but we didn't try them both state and federal...they decided on one or the other.

The same thing was being done in TX at the time, and according to this old AG opinion and the SC case it references, was legal. https://www.texasattorneygeneral.gov/opinions/opinions/45hill/op/1977/htm/jh1029.htm

Maybe policy forbids what law permits...that wouldn't be unusual. You might say coming from the 70s I'm a bit "behind the times." A lot of the old ways don't work anymore.

 

[Renegade]

The one thing that's overlooked in all of this (from what I've read - and I haven't read EVERY post) - ATF has ruled that an FFL can't sell a handgun to someone over 18, but under 21. However, Federal LAW does NOT say it's illegal for an 18-21 year old to own/possess a handgun.

No that is not ATF, that is Congress and it predates the creation of ATF.

 

[majormadmax]

Federal game wardens and Tx game wardens crosstrain and Tx game wardens enforce federal game laws. I don't know what other cooperative efforts exist.

Narcotics.

 

[TexasRedneck]

No that is not ATF, that is Congress and it predates the creation of ATF.

IIRC, Federal law stipulates 18 - ATF has ruled that FFL's can't sell to those under 21...but could be in error. Either way - same effect.

 

[Renegade]

IIRC, Federal law stipulates 18 - ATF has ruled that FFL's can't sell to those under 21...but could be in error. Either way - same effect.

No. Federal Law stipulates 21 for firearms except 18 for rifles and shotguns.

(b)It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1)
any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

 

[TexasRedneck]

So...either way (as I said) - an FFL can't, but a private individual may.

 

[diesel1959]

No, sir, actually because we DID just that when I was a cop working with detectives on cases...and I grant you that was in the 70s, but it still worked to the benefit of all except the criminal. We were more often on a first-name basis and actually helped each other. I've actually witnessed federal officers say "Thank you" to locals for their help...don't see that much on TV, do you?

Didn't have much time for watching TV when I was young...now-I do.

The reverse is more common-them tossing the locals a bone because they don't want to bother but don't want the person to go free.

I believe you that it happened in the 70s . . . but you best believe me that it happened MUCH less often in the 90s and from then on . . . during which time I was serving as an LEO. Just saying.

 

[Nightwatch]

I don't keep up much with the "modern" guys-there's so much we never imagined. Our first squads were 70 Chevys with big gumballs on them...when you turned the light on, you heard it's motor grinding all over the unit-when you turned the siren on, the car's speed dipped 5-8 mph and you had to accelerate. Our radios picked up Okla City calls some nights clearer than S'port calls. We bought all of our gear, wore white helmet liners as our hats-only sergeants and up had talkies and they were bigger than house bricks. Now the squads' equipment/electrical's worth more'n the car itself. When we were told to call in, we'd go to a firebox and use the FD line-they'd connect us to dispatch, and we'd stand there in the rain and write down details they didn't want over the air. Whole lotta progress.