18 year old and pistol?

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Posted: 2/17/2016 5:03:55 PM EDT

I can't find the real scoop on this issue. I can gift my 18 year old daughter a pistol I believe this to be true. What I don't know is if my 18 year old can carry this gifted pistol, concealed in her vehicle(in otherwise legal places for 21 years an older). Obviously she doesn't have an LTC. But I can't really find it addressed. I may be slow or stupid, probably both. I don't want to put her in a bad situation. Or even a beat the rap but not the ride situation. She is a good kid, never had a ticket. This is not particularly a risk. The reason it isn't a risk is we follow laws. Which is the reason I am asking this in HTF. Anybody with any resources on this is very appreciated.

Posted: 2/17/2016 5:14:06 PM EDT

[#1]

I would start here-

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.
(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 or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;
(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.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(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.

Nowhere in there do I see any discussion of how old "a person" has to be. Tx Investigator should probably weigh in soon. But I think, based on that, she's ok.

Posted: 2/17/2016 5:56:34 PM EDT

[#2]

Quote History

Quoted:

I would start here-

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.

(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 or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;

(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.

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(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.

Nowhere in there do I see any discussion of how old "a person" has to be. Tx Investigator should probably weigh in soon. But I think, based on that, she's ok.

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Thanks for your response. I have been concerned on the age thing. I didn't know if this had been interpreted further or if it is cut and dry.

Posted: 2/17/2016 8:32:11 PM EDT

[#3]

Quote History

Quoted:
Thanks for your response. I have been concerned on the age thing. I didn't know if this had been interpreted further or if it is cut and dry.

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Quoted:

Quoted:
I would start here-

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.
(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 or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;
(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.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(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.

Nowhere in there do I see any discussion of how old "a person" has to be. Tx Investigator should probably weigh in soon. But I think, based on that, she's ok.

Thanks for your response. I have been concerned on the age thing. I didn't know if this had been interpreted further or if it is cut and dry.

To the best of my knowledge, the only limitations an 18 year old would have in regard to pistols is that they cannot buy one from a dealer, and they cannot get a LTC unless they have military service.

I bought pistols from private individuals and had my CHL at 20 due to me being in the Air Force at the time. The only hard part was buying ammo. Most dealers wouldn't sell pistol ammo to me at the time.

There is no age provision for unlicensed vehicular carry that I'm aware of. As long as the person is old enough to possess a firearm in Texas, they should be good to go for any type of legal carry that would apply to her (excluding licensed LTC carry).

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Posted: 2/17/2016 8:43:31 PM EDT

[#4]

An 18 year old can own any type of legal firearm, including NFA items, but federal law restricts FFLs so it must go private. There was a guy here years ago that posted his experience purchasing a pistol & suppressor and received his stamp. His biggest problem was finding the can from a private seller.

I find it funny that handgun ammunition is also restricted to the 21 limitation.

Posted: 2/17/2016 9:16:39 PM EDT

[#5]

Quote History

Quoted:
An 18 year old can own any type of legal firearm, including NFA items, but federal law restricts FFLs so it must go private. There was a guy here years ago that posted his experience purchasing a pistol & suppressor and received his stamp. His biggest problem was finding the can from a private seller.

I find it funny that handgun ammunition is also restricted to the 21 limitation.

View Quote

I purchased my 1st handgun when I was 15. I saved up all summer for it and bought it from a guy who said he couldn't shoot it very well.

Went to Walmart and asked for 500 rounds of 9mm. Said they can't sell pistol ammo to anyone under 21 and I told them it was for a 9mm mp5. They didn't question it and off I went with 500 rounds.

Posted: 2/18/2016 8:34:28 AM EDT

[#6]

No age restriction except for purchase.

I gave my nieces a Smith 9mm when they all went off to college.

Posted: 2/18/2016 8:37:06 AM EDT

[#7]

Quote History

Quoted:

I purchased my 1st handgun when I was 15. I saved up all summer for it and bought it from a guy who said he couldn't shoot it very well.

Went to Walmart and asked for 500 rounds of 9mm. Said they can't sell pistol ammo to anyone under 21 and I told them it was for a 9mm mp5. They didn't question it and off I went with 500 rounds.

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Quoted:

Quoted:
An 18 year old can own any type of legal firearm, including NFA items, but federal law restricts FFLs so it must go private. There was a guy here years ago that posted his experience purchasing a pistol & suppressor and received his stamp. His biggest problem was finding the can from a private seller.

I find it funny that handgun ammunition is also restricted to the 21 limitation.

I purchased my 1st handgun when I was 15. I saved up all summer for it and bought it from a guy who said he couldn't shoot it very well.

Went to Walmart and asked for 500 rounds of 9mm. Said they can't sell pistol ammo to anyone under 21 and I told them it was for a 9mm mp5. They didn't question it and off I went with 500 rounds.

I've seen this done myself. Tell them it's for a rifle.

Posted: 2/18/2016 8:54:13 AM EDT

[#8]

Quoted:
I can't find the real scoop on this issue. I can gift my 18 year old daughter a pistol I believe this to be true. What I don't know is if my 18 year old can carry this gifted pistol, concealed in her vehicle(in otherwise legal places for 21 years an older). Obviously she doesn't have an LTC. But I can't really find it addressed. I may be slow or stupid, probably both. I don't want to put her in a bad situation. Or even a beat the rap but not the ride situation. She is a good kid, never had a ticket. This is not particularly a risk. The reason it isn't a risk is we follow laws. Which is the reason I am asking this in HTF. Anybody with any resources on this is very appreciated.

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You are both fine. ;)

Posted: 2/18/2016 11:43:13 AM EDT

[#9]

You can gift it to them, or they can buy it.
But they cannot buy a pistol from an FFL

Posted: 2/18/2016 6:21:03 PM EDT

[#10]

Thank you to all who have chimed in. I appreciate it.

Posted: 2/19/2016 8:39:20 AM EDT

[#11]

Quote History

Quoted:

Thank you to all who have chimed in. I appreciate it.

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She's perfectly legal to possess and receive it at 18 from you. Just can't buy from FFL.

Posted: 2/19/2016 9:38:50 AM EDT

[#12]

Quote History

Quoted:
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.
(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 or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;
(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.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(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.

View Quote

If I'm reading this correctly, anything other than a "Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating" puts her at risk of a UCW conviction. So even a non-traffic Class C misdemeanor is a problem if she has a handgun in the vehicle.

UCW itself is a wobbler between a Class A misdemeanor and a Class 3 felony (depending on where the offense was committed).

She is at less legal risk with an illegal knife and/or a club in the vehicle than a handgun.

Posted: 2/19/2016 2:06:52 PM EDT

[#13]

Quote History

Quoted:

If I'm reading this correctly, anything other than a "Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating" puts her at risk of a UCW conviction. So even a non-traffic Class C misdemeanor is a problem if she has a handgun in the vehicle.

UCW itself is a wobbler between a Class A misdemeanor and a Class 3 felony (depending on where the offense was committed).

She is at less legal risk with an illegal knife and/or a club in the vehicle than a handgun.

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Quote History

Quoted:

Quoted:

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.

(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 or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;

(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.

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(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.

If I'm reading this correctly, anything other than a "Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating" puts her at risk of a UCW conviction. So even a non-traffic Class C misdemeanor is a problem if she has a handgun in the vehicle.

UCW itself is a wobbler between a Class A misdemeanor and a Class 3 felony (depending on where the offense was committed).

She is at less legal risk with an illegal knife and/or a club in the vehicle than a handgun.

It is my belief she is way less at risk for even a traffic ticket. She's a golden child. Number 2 in her class of 900. Leads her class in community service hours. Sets her cruise control to the speed limit everytime she gets on the highway. She's never so much as had a detention at school. She is the president or vice president of every club she belongs to at school. I am crazy blessed as a parent. I feel me and my wife have been ok parents, but we have had it easy. She makes really good decisions all the time.

She's not perfect but I am approaching 50 and never had anything more than a speeding ticket, and only a couple of those. I think she will probably do much better than me. As long as it is legal, she will be allowed a pistol in her car. She gets to pick which one. She prefers to shoot 9mm for more rounds, but enjoys the fun of a .45. We have another training class for her in the works before she goes off too college. She's been shooting my pistols since she was 8 years old.

Posted: 2/19/2016 2:12:34 PM EDT

[#14]

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Quoted:
It is my belief she is way less at risk for even a traffic ticket. She's a golden child. Number 2 in her class of 900. Leads her class in community service hours. Sets her cruise control to the speed limit everytime she gets on the highway. She's never so much as had a detention at school. She is the president or vice president of every club she belongs to at school. I am crazy blessed as a parent. I feel me and my wife have been ok parents, but we have had it easy. She makes really good decisions all the time.

She's not perfect but I am approaching 50 and never had anything more than a speeding ticket, and only a couple of those. I think she will probably do much better than me. As long as it is legal, she will be allowed a pistol in her car. She gets to pick which one. She prefers to shoot 9mm for more rounds, but enjoys the fun of a .45. We have another training class for her in the works before she goes off too college. She's been shooting my pistols since she was 8 years old.

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Quoted:

Quoted:
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.
(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 or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;
(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.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(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.

If I'm reading this correctly, anything other than a "Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating" puts her at risk of a UCW conviction. So even a non-traffic Class C misdemeanor is a problem if she has a handgun in the vehicle.

UCW itself is a wobbler between a Class A misdemeanor and a Class 3 felony (depending on where the offense was committed).

She is at less legal risk with an illegal knife and/or a club in the vehicle than a handgun.

It is my belief she is way less at risk for even a traffic ticket. She's a golden child. Number 2 in her class of 900. Leads her class in community service hours. Sets her cruise control to the speed limit everytime she gets on the highway. She's never so much as had a detention at school. She is the president or vice president of every club she belongs to at school. I am crazy blessed as a parent. I feel me and my wife have been ok parents, but we have had it easy. She makes really good decisions all the time.

She's not perfect but I am approaching 50 and never had anything more than a speeding ticket, and only a couple of those. I think she will probably do much better than me. As long as it is legal, she will be allowed a pistol in her car. She gets to pick which one. She prefers to shoot 9mm for more rounds, but enjoys the fun of a .45. We have another training class for her in the works before she goes off too college. She's been shooting my pistols since she was 8 years old.

She needs to be extremely careful when/where she parks her car if she opts to store the handgun inside.

Posted: 2/19/2016 3:10:58 PM EDT

[#15]

She should be fine.

Posted: 2/19/2016 11:17:18 PM EDT

[#16]

If she stores the pistol in her car when she's not in it please get her a good lock box to store it in. Car break ins have to be considered. A buddy of mine wound up buying a Seecamp years ago since someone had broken into his suburban and stole his commander. The Seecamp being small enough to carry anywhere so it wouldn't be stolen.

Posted: 2/20/2016 12:01:20 AM EDT

[#17]

Quote History

Quoted:

If I'm reading this correctly, anything other than a "Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating" puts her at risk of a UCW conviction. So even a non-traffic Class C misdemeanor is a problem if she has a handgun in the vehicle.

UCW itself is a wobbler between a Class A misdemeanor and a Class 3 felony (depending on where the offense was committed).

She is at less legal risk with an illegal knife and/or a club in the vehicle than a handgun.

View Quote View All Quotes

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Quote History

Quoted:

Quoted:
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.
(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 or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;
(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.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(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.

If I'm reading this correctly, anything other than a "Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating" puts her at risk of a UCW conviction. So even a non-traffic Class C misdemeanor is a problem if she has a handgun in the vehicle.

UCW itself is a wobbler between a Class A misdemeanor and a Class 3 felony (depending on where the offense was committed).

She is at less legal risk with an illegal knife and/or a club in the vehicle than a handgun.

What "risk" would she face? What crime do you think she might commit?

Posted: 2/20/2016 1:28:19 AM EDT

[#18]

Quote History

Quoted:

If she stores the pistol in her car when she's not in it please get her a good lock box to store it in. Car break ins have to be considered. A buddy of mine wound up buying a Seecamp years ago since someone had broken into his suburban and stole his commander. The Seecamp being small enough to carry anywhere so it wouldn't be stolen.

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We have a couple different plans from a commercial offering to something fabbed up by a buddy of mine. This is already under consideration.

Posted: 2/20/2016 9:36:19 AM EDT

[#19]

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Quoted:
What "risk" would she face? What crime do you think she might commit?

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Don't be obtuse. The risk of running afoul of TX PC 46.02(a-1)(2)(A), "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating".

It's quite easy to commit a misdemeanor by accident these days. Aren't city and county ordinances class C misdemeanors? I'm sure we're all familiar with each and every one of those...

Posted: 2/20/2016 10:00:23 AM EDT

[#20]

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Don't be obtuse. The risk of running afoul of TX PC 46.02(a-1)(2)(A), "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating".

It's quite easy to commit a misdemeanor by accident these days. Aren't city and county ordinances class C misdemeanors? I'm sure we're all familiar with each and every one of those...

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Quoted:

Quoted:
What "risk" would she face? What crime do you think she might commit?

Don't be obtuse. The risk of running afoul of TX PC 46.02(a-1)(2)(A), "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating".

It's quite easy to commit a misdemeanor by accident these days. Aren't city and county ordinances class C misdemeanors? I'm sure we're all familiar with each and every one of those...

CRIMINAL ACTIVITY. City ordinances and the like are CIVIL in nature. No one is going to jail.

You are going to need more tinfoil. You can borrow my wheelbarrow to carry it. Funny how everyone I know has gone their entire life without committing said "easy" crimes.

To the OP, unless the young lady is slinging crack on the street corner it's nothing to worry about.

Posted: 2/20/2016 1:41:40 PM EDT

[#21]

Thank you all.

Double proud of her as she went and voted in her first presidential primary. She voted to continue to protect the 2A

, what a good kid!

Posted: 2/20/2016 5:20:59 PM EDT

[#22]

Quote History

Quoted:

CRIMINAL ACTIVITY. City ordinances and the like are CIVIL in nature. No one is going to jail.

You are going to need more tinfoil. You can borrow my wheelbarrow to carry it. Funny how everyone I know has gone their entire life without committing said "easy" crimes.

To the OP, unless the young lady is slinging crack on the street corner it's nothing to worry about.

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Quoted:

Quoted:
What "risk" would she face? What crime do you think she might commit?

Don't be obtuse. The risk of running afoul of TX PC 46.02(a-1)(2)(A), "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating".

It's quite easy to commit a misdemeanor by accident these days. Aren't city and county ordinances class C misdemeanors? I'm sure we're all familiar with each and every one of those...

CRIMINAL ACTIVITY. City ordinances and the like are CIVIL in nature. No one is going to jail.

You are going to need more tinfoil. You can borrow my wheelbarrow to carry it. Funny how everyone I know has gone their entire life without committing said "easy" crimes.

To the OP, unless the young lady is slinging crack on the street corner it's nothing to worry about.

Thanks for saving me the time.

And I am acute. ;)

Posted: 2/20/2016 6:14:25 PM EDT

[#23]

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Quoted:

I've seen this done myself. Tell them it's for a rifle.

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An 18 year old can own any type of legal firearm, including NFA items, but federal law restricts FFLs so it must go private. There was a guy here years ago that posted his experience purchasing a pistol & suppressor and received his stamp. His biggest problem was finding the can from a private seller.

I find it funny that handgun ammunition is also restricted to the 21 limitation.

I purchased my 1st handgun when I was 15. I saved up all summer for it and bought it from a guy who said he couldn't shoot it very well.

Went to Walmart and asked for 500 rounds of 9mm. Said they can't sell pistol ammo to anyone under 21 and I told them it was for a 9mm mp5. They didn't question it and off I went with 500 rounds.

I've seen this done myself. Tell them it's for a rifle.

Or get a >21 year old friend/relative to buy it, and then pay them. The prohibition is only on FFLs selling handgun ammo to <21's, anyone else can.

Posted: 2/20/2016 7:39:06 PM EDT

[#24]

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Quoted:
Or get a >21 year old friend/relative to buy it, and then pay them. The prohibition is only on FFLs selling handgun ammo to <21's, anyone else can.

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Quoted:

Quoted:

An 18 year old can own any type of legal firearm, including NFA items, but federal law restricts FFLs so it must go private. There was a guy here years ago that posted his experience purchasing a pistol & suppressor and received his stamp. His biggest problem was finding the can from a private seller.

I find it funny that handgun ammunition is also restricted to the 21 limitation.

I purchased my 1st handgun when I was 15. I saved up all summer for it and bought it from a guy who said he couldn't shoot it very well.

Went to Walmart and asked for 500 rounds of 9mm. Said they can't sell pistol ammo to anyone under 21 and I told them it was for a 9mm mp5. They didn't question it and off I went with 500 rounds.

I've seen this done myself. Tell them it's for a rifle.

Or get a >21 year old friend/relative to buy it, and then pay them. The prohibition is only on FFLs selling handgun ammo to <21's, anyone else can.

I can assure you there is no need for her to purchase any ammo any time in the near future. Now if something goes on sale dad always has his eye out.

Posted: 2/21/2016 8:11:32 PM EDT

[#25]

For anyone reading this later, based on the discussion, it is perfectly legal. However, don't forget that in Texas, we have this whole "Adult at 17" thing going on for some reason.

Look at TX PC 46.13 about making a firearm accessible to a "child". First, a child is anyone under 17. Next, read section (c)(2)... if a 16 year old was to be in possession of a handgun in a vehicle for the purpose of self-defense, how might that be looked at by a jury.

Besides, after Arizona v. Gant, what could happen that the police would know they had a pistol unless the teen tells them, or unless they had to use it in lawful defense? I would have zero problem with having a pistol secured in my 17 year old's vehicle, I would be 99% ok with the same for a 16 year old driver.


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.

(c)  It is an affirmative defense to prosecution under this section that the child's access to the firearm:

(1)  was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;

(2)  consisted of lawful defense by the child of people or property;

(3)  was gained by entering property in violation of this code;  or

(4)  occurred during a time when the actor was engaged in an agricultural enterprise.

(d)  Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

(e)  An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.

(f)  A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:

(1)  the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm;  and

(2)  the child in discharging the firearm caused the death of or serious injury to the child.

(g)  A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height:

"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."

Posted: 2/21/2016 11:39:55 PM EDT

[#26]

Also realize that 18 USC 922(x) covers possession of handguns by juveniles. It's doubtful that the feds would get involved unless other circumstances were involved beyond mere possession, but at least know what the law says.

Posted: 2/22/2016 11:38:56 AM EDT

[#27]

Lock box or vault is a great idea. You may trust your kid, but don't ever trust the ones that ride with them.

Posted: 2/23/2016 11:37:47 PM EDT

[#28]

Quote History

Quoted:

CRIMINAL ACTIVITY. City ordinances and the like are CIVIL in nature. No one is going to jail.

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

Quoted:
What "risk" would she face? What crime do you think she might commit?

Don't be obtuse. The risk of running afoul of TX PC 46.02(a-1)(2)(A), "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating".

It's quite easy to commit a misdemeanor by accident these days. Aren't city and county ordinances class C misdemeanors? I'm sure we're all familiar with each and every one of those...

CRIMINAL ACTIVITY. City ordinances and the like are CIVIL in nature. No one is going to jail.

Wrong. You can be arrested by a peace officer for violating most city ordinances just like you can for class C misdemeanors. Ignoring a summons for a city ordinance violation can result in a warrant for your arrest.

Posted: 2/24/2016 8:11:28 AM EDT

[#29]

Quote History

Quoted:

Wrong. You can be arrested by a peace officer for violating most city ordinances just like you can for class C misdemeanors. Ignoring a summons for a city ordinance violation can result in a warrant for your arrest.

View Quote View All Quotes

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Quote History

Quoted:

Quoted:
What "risk" would she face? What crime do you think she might commit?

Don't be obtuse. The risk of running afoul of TX PC 46.02(a-1)(2)(A), "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating".

It's quite easy to commit a misdemeanor by accident these days. Aren't city and county ordinances class C misdemeanors? I'm sure we're all familiar with each and every one of those...

CRIMINAL ACTIVITY. City ordinances and the like are CIVIL in nature. No one is going to jail.

Wrong. You can be arrested by a peace officer for violating most city ordinances just like you can for class C misdemeanors. Ignoring a summons for a city ordinance violation can result in a warrant for your arrest.

"Whoosh" there it went, Right over your head.

Posted: 2/24/2016 9:03:11 AM EDT

[#30]

Quote History

Quoted:

I've seen this done myself. Tell them it's for a rifle.

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

Quoted:
An 18 year old can own any type of legal firearm, including NFA items, but federal law restricts FFLs so it must go private. There was a guy here years ago that posted his experience purchasing a pistol & suppressor and received his stamp. His biggest problem was finding the can from a private seller.

I find it funny that handgun ammunition is also restricted to the 21 limitation.

I purchased my 1st handgun when I was 15. I saved up all summer for it and bought it from a guy who said he couldn't shoot it very well.

Went to Walmart and asked for 500 rounds of 9mm. Said they can't sell pistol ammo to anyone under 21 and I told them it was for a 9mm mp5. They didn't question it and off I went with 500 rounds.

I've seen this done myself. Tell them it's for a rifle.

I did this regularly when we had to sign for pistol ammo.

[ARCHIVED THREAD] - 18 year old and pistol?

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