Under 18 Fire Arm Transporting

[Shokk]

Is it legal for a minor to transport rifles in a car in Texas with written parental consent? I know that it is legal for a minor to purchase, sell, trade, etc. firearms with written consent from the parent/guardian, but does this include transportation?

 

[The_Hunter]

Is it legal for a minor to transport rifles in a car in Texas with written parental consent? I know that it is legal for a minor to purchase, sell, trade, etc. firearms with written consent from the parent/guardian, but does this include transportation?

I dont think that is correct. I am sure TXI will be along shortly

 

[Shokk]

Ok, I may be mistaken although I found this information on the NRA website. Here is a link to what I found, I am not sure wether this is still true for 2010.

http://www.nraila.org/statelawpdfs/TXSL.pdf

 

[vietboy1st]

you can't do that. the kid can fake the notice and tell the cop it was from his parent but i am from MAss i don't know about the law in TX. But i know you can't do that.

 

[Shokk]

you can't do that. the kid can fake the notice and tell the cop it was from his parent but i am from MAss i don't know about the law in TX. But i know you can't do that.

I understand that someone could fake a notice however I am not interested in the ethics behind this. Does anyone have a law that they can quote or cite that gives a solid legal answer?

 

[dobarker]

It was my understanding that as long as the handgun was under lock and key, like a lockable plano gun box, there was a written and signed consent from the parental guardian stating both the destination and intended use of the weapon. As well, the ammo and firearm have to be out of arms reach from each-other and the minor. If you go to Academy, they should have a blue flier that they are supposed to give out with each hand-gun purchase which states all the little loop-holes and do nots for underage transport of a weapon.

 

[txinvestigator]

I understand that someone could fake a notice however I am not interested in the ethics behind this. Does anyone have a law that they can quote or cite that gives a solid legal answer?

Texas does not limit the age of possession of firearms. It does limit the age at which a person can sell, rent, lease, or give or offer to sell, rent, lease, or give a firearm to a person under 18. However, the crime is not on the person under 18.

That said, it is not an offense if the transfer was to a minor whose 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.

See penall code 46.06 (a)(2) and (c)

 

[txinvestigator]

Is it legal for a minor to transport rifles in a car in Texas with written parental consent? I know that it is legal for a minor to purchase, sell, trade, etc. firearms with written consent from the parent/guardian, but does this include transportation?

To answer specifically, transportation is not addressed. It is not unlawful for a minor to purchase, but it is for a person to sell, give, etc., to a person under 18. In other words, the person under 18 does not violate the law, the person providing the firearm does.

See my previous post regarding parental permission.

 

[txinvestigator]

It was my understanding that as long as the handgun was under lock and key, like a lockable plano gun box, there was a written and signed consent from the parental guardian stating both the destination and intended use of the weapon. As well, the ammo and firearm have to be out of arms reach from each-other and the minor.

None of that is Texas law.

 

[drummingchevy]

I am in the same position as the OP. I'm going to be traveling back to TX from AZ and TX seems to be the one of three state that I go through that doesn't allow me to have a firearm within reach while in my truck. And every post that I have read on this site about this sort of thing says something different and every law that I've read is unclear. I am going to have 3 rifles, a shotgun, a pistol, and ammo with me and the pistol is the only one that's not going to be locked up and in the back seat. From what I'm reading, the pistol has to at least be concealed in the vehicle but some people are saying that it has to be locked up and unloaded, and there are some that are saying that I can't even transport any guns unless I'm going to the range or hunting (which is unlikely to be true). No offense to anyone but I don't trust how people interpret it, I just want a link (maybe multiple links) that are going to tell me exactly what I can and can't do. Some of the stickies up top link to sites that give conflicting information with other sites. If no one understands or knows the laws, they why create them?

 

[txinvestigator]

I am in the same position as the OP. I'm going to be traveling back to TX from AZ and TX seems to be the one of three state that I go through that doesn't allow me to have a firearm within reach while in my truck. And every post that I have read on this site about this sort of thing says something different and every law that I've read is unclear. I am going to have 3 rifles, a shotgun, a pistol, and ammo with me and the pistol is the only one that's not going to be locked up and in the back seat. From what I'm reading, the pistol has to at least be concealed in the vehicle but some people are saying that it has to be locked up and unloaded, and there are some that are saying that I can't even transport any guns unless I'm going to the range or hunting (which is unlikely to be true). No offense to anyone but I don't trust how people interpret it, I just want a link (maybe multiple links) that are going to tell me exactly what I can and can't do. Some of the stickies up top link to sites that give conflicting information with other sites. If no one understands or knows the laws, they why create them?

The laws change, and people often repeat what they hear or read without verifying the facts.

Texas does not restrict, generally, the carry of long guns. Don't display them in a manner calculated to cause alarm.

You can carry your handgun without a concealed handgun license in your motor vehicle or one under your control under these conditions;

It is not in plain view. YOU are not a member of a criminal street gang. You are not committing a crime at the time (traffic violations do not count). You are not prohibited by law from possessing a firearm.

This is from my blog here in this site'

Texas law generally proscribes the carry of handguns, illegal knives and clubs on or about your person.(penal code 46.02) “On your person” means just that. The courts have ruled that “about your person” inlcudes any area within your immediate access. This includes the passenger compartments of motor vehicles. Basically, if you can lunge and reach it, it is about your person.​

Penal Code section 46.02 also states that it is not an offense if the handgun, illegal knife of club is carried on your own premises or premises under your control, or if you are inside of or directly en route from your residence to a motor vehicle that you own or are in control of. That section goes on to state 4 restrictions for handgun carry in a motor vehicle. The handgun must not be in plain view, you must not be a member of a criminal street gang, you cannot be prohibited by law from possessing a firearm, and you cannot be in the commission of a crime at the time. Traffic offenses that are class C misdemeanors do not count, nor do city ordinance violations. These restriction only apply to the handgun. This section requires the handgun be concealed.​

Violating section 46.02 is a class A misdemeanor, meaning a person convicted can be sentenced to up to a year in jail, a fine up to $4,000, or both, unless it is where alcohol is sold, then it is a third degree felony, meaning 2 to 10 years in prison and up to a $10,000 fine.​

In summary, if you are a law abiding citizen then car carry is lawful as long as the handgun remains concealed, and you can carry on your own premises or premises under your control.​

TEXAS PENAL CODE

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.

You can Google Texas Penal Code 46.02 to see the exact law. Here is a link to the website of the Texas Legislature. I sent you to this page so you could see the writing in red at the top that tells you it is current; Texas Constitution and Statutes - Home

Click on Texas Statutes, then Penal Code, the scroll down and open chapter 46. It often takes a while for those pages to load, so be patient.

 

[drummingchevy]

That's exactly the information I need. Thanks!

 

[txinvestigator]

That's exactly the information I need. Thanks!

atriot:

 

[Stumpy]

Texas does not restrict, generally, the carry of long guns. Don't display them in a manner calculated to cause alarm.

so, technically, as long it does not cause alarm, it is legal to walk around the neighborhood with a long gun?

 

[Eli]

so, technically, as long it does not cause alarm, it is legal to walk around the neighborhood with a long gun?

Yes, but good luck not causing alarm with all the damn yankees in this state today!
Back in the 90's a friend of mine was stopped walking around downtown Houston with an SKS slung over his shoulder (long story). A cop stopped him and talked to him (a WTF are you doing conversation) but he was released as he wasn't in violation of any laws. He was 17 at the time...

Eli

 

[Stumpy]

thats badass. of course, you probably couldnt get away with it w/o causing alarm. that would be the coolest ever, if most people were ok with it.

 

[txinvestigator]

so, technically, as long it does not cause alarm, it is legal to walk around the neighborhood with a long gun?

The law does not address whether it causes alarm, it is your intent that matter. Did you CALCULATE to cause alarm.

That does not mean you won't get a visit from the police and have some enforcement action taken....