TexasCHLforum.com

Venus Pax wrote:I think many of us have a picture in our mind of this kid, and it isn't the Eddie Eagle program's poster child.
However, if it isn't illegal for him to have one in his possession, then the kid (legally) had just as much right to carry as the 30-year-old. (Yes, I understand that if/when gang involvement was proven, that would change things.)

Correct. And exactly my point.

We do not have all the facts yet.

For all we know, the kid might have been acting in lawful self defense and the 30 year old guy simply ended up as the winner of the gunfight.

Right now, we simply do not know.

I think the answer here is we do not have all the facts. It will be interesting to see how this case develops. I just hope it doesn't reflect badly on the car carry law or CHL's.

CompVest wrote:Did the kid have legal possession of the car? Did he have a legal drivers license at 15 years old? If he didn't I don't think he could legally have a gun in the car.

Don't know if the kid had legal possession of the car (meaning whether it was stolen or not). I do not think you need a license to have legal possession of an automobile. If someone (legal owner or in legal possession) allowed him to drive it, I would say he had legal possession.

I don't think there is anything in the car carry law about having a drivers license. I think it just says you can't be a 'banger, can't be someone who is prohibited by law from possessing a gun, and can't be committing some other crime besides a traffic violation or other Class C misdemeanor.

KC5AV wrote:Isn't it illegal to make a loaded handgun available to a 'child' under the age of 17?

Maybe it is for the person who "made it available".

But that's not exactly the same thing as my question, which was, "..is it illegal for the kid to have it with him in the car?". Especially after SEP-01 with the new car carry law.

So other than driving without a license, is the kid illegal carrying a handgun with him in the car?

Dougmyers5 wrote:A person cant own a hand gun or have one without adult supervision until age 21 in Texas.
Could be some parents in trouble for their dead kid having their hand gun.

I'd say more likely the kid was a 'banger and that the parent(s) aren't involved - in more ways than one.

But I'm not so sure about the 21 business. I think you have to be 21 to purchase a handgun, but simple possession is different.

I wonder if Gray has a CHL or if he was carrying under the new law allowing unlicensed car carry.

The kid was obviously too young to drive. But is there a lower age limit in TX law for possession or, in this case carrying, a handgun? I'm not sure but I think not.

This should be interesting for the DA and GJ. Gray might well claim self defense under the new 'Castle Doctrine' law. But the case will hinge on whether his "exchanging words" with the kid will be considered to be an escalation of the conflict on his part.

It looks like it might depend on who said what to whom. And the kid isn't around to give his side of the story.

I think the guy walks, but just barely.

This case has the potential to foster criticism of both the car carry law and Castle Doctrine.

Not good.