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under 21 with H/G in car
Posted: Wed Dec 04, 2013 10:29 am
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??
Re: under 21 with H/G in car
Posted: Wed Dec 04, 2013 10:42 am
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.
Re: under 21 with H/G in car
Posted: Wed Dec 04, 2013 10:53 am
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.
Re: under 21 with H/G in car
Posted: Wed Dec 04, 2013 11:21 am
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
Re: under 21 with H/G in car
Posted: Wed Dec 04, 2013 12:50 pm
by o b juan
Thanks I knew that but had never been specifically asked the questyon
Re: under 21 with H/G in car
Posted: Wed Dec 04, 2013 5:58 pm
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. :)
Re: under 21 with H/G in car
Posted: Thu Dec 05, 2013 10:07 pm
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.
Re: under 21 with H/G in car
Posted: Sat Dec 07, 2013 4:58 pm
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.