My 17 year old daughter closes her store down alone when it is dark.  Pretty safe town, but nowhere is free of criminals.

Can she carry pepper spray?  If not, maybe a knife?

Any ideas?  She's a good egg and has shot 9mm since she was a preteen, so I wish she could legally carry a pistol, but obviously no go on that.

Penal Code 46.05, chemical dispensing device.  As long as it is a small, commercially available device there is no law against pepper spray, and age matter not.

But depending on the officer you encounter.....Officer discretion ?????Archived thread

4 Oz is pretty big. I don't know any cops that carry OC can's that big in their bag or their belt.

Blame?  Texas legislature.  We can name 20 other ridiculously vague statutes.

How long did it take to repeal the idiotic ILLEGAL KNIFE laws?

Rule of thumb for anyone reading, dont carry 4OZ can's of OC that says MADE FOR COPPERS.  Stick to the small ones, that a normal person would say is for personal use.

Would I have charged someone for that.  Nope.

Thank you for the information.  We're going to buy a few so she can practice with one and be comfortable using it.

You can buy inert models for practice.

I remember when that dude posted his encounter all over the internet.  Color me skeptical that his version is 100% accurate.

I carry one of these 99% of the time.  No worries about it going off in my pocket with the flip top.

https://www.sabrered.com/pepper-spray/pepper-gel-kit-keychain-pepper-gel-practice-gel-target-training-video

Here's a longshot, but how sure are you that she can't carry a gun?

Fairly certain the law states a "child" (under 17) cannot have access except under certain circumstances.

It's legal to carry in your vehicle if it's concealed, you're not a gang member, not committing a crime, and you are legally allowed to possess it.

It also states that it's legal to carry a gun if you're in charge of your business location, ie. closing by yourself.  I do not see any age restrictions (aside from the aforementioned 17+ requirement).

I'm not a lawyer but unless I'm missing something it would be legal for a 17 year old to vehicle carry and bring it inside when others leave and she is put in charge of the location.  

If I'm dead wrong someone fill me in.

Editing to add relevant statutes.  Does fed law regulate possession age?

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 or watercraft that is owned by the person or under the person's control

Sec. 46.13.  MAKING A FIREARM ACCESSIBLE TO A CHILD.  (a)  In this section:

(1)  "Child" means a person younger than 17 years of age.

(2)  "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.

(3)  "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.

(b)  A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:

(1)  failed to secure the firearm;  or

(2)  left the firearm in a place to which the person knew or should have known the child would gain access.

Tag for interest re: blksep's question.

At first blush it seems he may be on to something - at least concerning state law.


For what it's worth, I carried a pistol in my truck almost always from the time I first started driving.  But that was small town West Texas almost twenty years ago, and I never had the mischance of attracting official attention to it's presence.

46.13 is for children under 17.  

There is also this law;   section (2)

While this law does not make it illegal for the underage person to posses a firearm, it makes it unlawful for whomever provided that firearm to the underage person. A LEO discovering the handgun, or worse a shooting would initiate a criminal investigation.

That law is exempted if the parents provide permission for the sale, is it not?  I'm at work, I will look up statutes when I'm back home.

Eta got it

(c) It is an affirmative defense to prosecution under Subsection (a)(2) that 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.

Yes, and a criminal investigation will be initiated if that underage person is discovered to be in possession.

And once it's established that there was parental consent to be in possession, would that be the end of it since it's within the law?

More than likely, but understand that with a defense a person can be arrested and charged, and have to establish the defense in court.  I am not suggesting that is likely, but it is always the possibility.

Thanks. As usual the best thing to do would be not to get caught

We got a few Sabre brand ones today and practiced with it in the back acreage.  She is confident using it.

Also got her a Kershaw knife.

Business owner is being irresponsible having a woman lock up by herself.

If she does carry Pepper Spray, make sure she doesn't accidentally take it to school or leave it in her car in the school parking lot. Our local high schools have a policy against students bringing Pepper Spray to school.

Maybe she could carry one of these when she's walking back and forth to her car?



Are we allowed to type out the sound a 3D Maglite makes?  

Presuming she's not still in HS and wouldn't accidentally carry it in there?