under 21 with H/G in car

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o b juan
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under 21 with H/G in car

#1

Post by o b juan »

under 21 but 18 handgun in car as he is going bow hunting in the brush country north of the border ..

what is the law ( please quote PC #) on someone under 21 will the MPA cover him??
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sjfcontrol
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Re: under 21 with H/G in car

#2

Post by sjfcontrol »

Age is not mentioned in the MPA law (PC 46.02 (a-1) & (a-2)). However the individual must be legally allowed to possess a firearm. And I believe the federal laws prohibit somebody under 21 from BUYING a pistol, but does not prohibit him from POSSESSION of same.
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Keith B
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Re: under 21 with H/G in car

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Post by Keith B »

The statutes only state you cannot give access to a person under 17 a firearm. At 17 they can possess one legally.
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RoyGBiv
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Re: under 21 with H/G in car

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Post by RoyGBiv »

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;

See 46.02 and 46.13
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o b juan
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Re: under 21 with H/G in car

#5

Post by o b juan »

Thanks I knew that but had never been specifically asked the questyon
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switch
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Re: under 21 with H/G in car

#6

Post by switch »

Federal law says 18 (unless they have written permission from a parent AND are going hunting, fishing, agricultural activities, etc.)

State law says 17.(for a loaded gun)

Now, can a 16 year old have a gun in the car? They way I read the law is YES, if it is unloaded - stick the gun and the loaded magazine in the glove box - tell them to NOT load it unless for self-defense. :)

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Re: under 21 with H/G in car

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Post by wgoforth »

This is a question I have asked many Leo's just to see their response. Although legally I believe they can, all LEO's I have asked have said "must be 21" (INCLUDING at DPS instructor school). Keep in mind that a good portion are not familiar with MPA period. I always tell people on this that my take on the Penal Code is that it is legal. However, ~could~ they get in trouble for it? Yes.
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mud farmer
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Re: under 21 with H/G in car

#8

Post by mud farmer »

switch wrote:State law says 17.(for a loaded gun)

Now, can a 16 year old have a gun in the car? They way I read the law is YES, if it is unloaded
Texas law says you can't make a loaded gun available to them but it's not illegal under Texas law for them to load it and to have a loaded gun in their car in Texas. All bets are off in Mexico.
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