Please help, can I carry or not?

[Springfield_XDs]

I'm enlisted in the US Army, stationed at Fort Hood and under the age of 21. Section 411.172 of the Texas State Penal Code states that I qualify for a CHL. Although I'm not old enough to purchase a pistol until I'm at least 21 years of age. Every gun salesman I have talked to said that they can't sell me a pistol. And that it's illegal for a family member to purchase one for me. Can I legally own and carry a pistol in the state of Texas under the age of 21 or not?

Please help me out, thanks.
-Jesse

[CoffeeNut]

I'm enlisted in the US Army, stationed at Fort Hood and under the age of 21. Section 411.172 of the Texas State Penal Code states that I qualify for a CHL. Although I'm not old enough to purchase a pistol until I'm at least 21 years of age. Every gun salesman I have talked to said that they can't sell me a pistol. And that it's illegal for a family member to purchase on for me. Can I legally own and carry a pistol in the state of Texas under the age of 21 or not?

Welcome to the forum.

As far as I am aware, family members can gift you a pistol if you're under the age of 21 and as long as your record is clear. No gun shop can sell YOU one regardless of your CHL until you come of age due to the federal laws on firearms sales from licensed dealers but they can sell to family. Texas allows military members under the age of 21 to get a CHL and carry but again your firearm has to be gifted/handed down etc.

If your family goes to purchase one they just need to fill out the paperwork like normal and not be telling the whole store that its for someone under age as the federally licensed dealer may/should terminate the sale since, as far as I'm aware, they can't knowingly sell a weapon to someone who will hand it to someone that doesn't meet federal requirements even though you have a CHL and are military.

Just curious, do you live off base or have the rules changed on weapons possession?

Someone with more knowledge should be along shortly to fill in with more information.

[Oldgringo]

with CoffeeNut; however, IANAL....either.

[Dirthawking]

My understanding is yes and yes. And also yes a family member can buy you a gun as a gift. I am not a lawyer.

[jmra]

A FFL can not sell a handgun to someone under the age of 21. A private individual can not sell a handgun to a minor.

[gregthehand]

There are always plenty for sale on here. My understanding is that a face to face transaction would be perfectly legal for you.

[Jaguar]

A FFL can not sell a handgun to someone under the age of 21. A private individual can not sell a handgun to a minor.

While I agree, is 18 a minor?

Clearly the US Army doesn't believe so. TABC does, but the DPS only sort of believes it for CHL, that is he qualifies with military service.

I haven't heard of a private sale disqualifer for 18-20 year olds. But I may be wrong.

[RoyGBiv]

http://rt.com/usa/nra-guns-minors-supreme-court-942/" onclick="window.open(this.href);return false;
Emphasis added...

The current legislation does, however, leave quite a number of options for people older than 18 and younger than 21 to obtain weapons, as they are still allowed to purchase shotguns and rifles from licensed dealers. As for handguns, they can get a hold of them as well, provided they receive them as gifts or purchase them from private owners.

NRA loses court fight on law banning under-21 sales
http://www.washingtontimes.com/news/201 ... -21-sales/" onclick="window.open(this.href);return false;

http://www.salon.com/2013/02/05/18_year ... _handguns/" onclick="window.open(this.href);return false;

the ATF’s official Federal Firearms Regulations Reference Guide states. But the agency’s regulations only apply to federally licensed firearms dealers, not to non-professional private sellers.

“A high school senior in most states can go to a gun show, go online, or any other place that they might find a private seller and lawfully purchase a gun that they couldn’t otherwise at a gun dealer,” explained David Chipman, a former ATF special agent who now works with Mayors Against Illegal Guns.

From: http://www.atf.gov/files/publications/d ... 300-15.pdf" onclick="window.open(this.href);return false; PAGE 5

Age Restrictions
As noted above, under Federal law, the minimum age to purchase firearms and ammunition from an FFL is 18. If the firearm is other than a rifle or a shotgun—or ammunition for other than a rifle or a shotgun—the minimum age is 21 [18 U.S.C. 922(b)(1)]. However:
You may sell ammunition that is interchangeable 1. between rifles and handguns to a buyer who is at least 18 years of age if you are satisfied that he or she will use the ammunition in a rifle.
Regardless of less restrictive State and local age 2. requirements for firearms and ammunition purchases, you must adhere to the above Federal mininum age provisions.

18 U.S.C. 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;

So... clearly if you are under 21 you cannot buy a handgun from a FFL.

But...
http://www.fedcoplaw.com/html/federal_f ... _laws.html" onclick="window.open(this.href);return false;

4. Hand Gun Possession
a. A person under 18 years of age is a juvenile under Federal law and may not possess a handgun or handgun only ammo, §§ 922 (x)(2), (x)(3), & (x)(5), but exceptions exist, see Section C.11.
b. Possess - A person 18 years of age or older may possess a HG (pistol, revolver).
c. Purchase - A person 18 years of age or older may purchase a HG from a non-licensee (not a gun dealer) who resides in the same State as the purchaser.
d. Gift / Loan- A person 18 years of age or older may receive a HG as a gift or loan from a non-licensee who resides in the same State as the recipient.
e. Outside State of Residency - A person may not receive a HG from a non-licensee who resides in another State, except by:
1) Will or intestate succession, § 922 (a)(5)(A) giver, § 922 (a)(3)(A) receiver, or
2) Temporary loan or rental for lawful sporting purposes, § 922 (a)(5)(B), or
3) The non-resident may send or deliver the HG (see § 1715, HGs non-mailable) to an FFL in the receiver’s State for purchase from the FFL, § 922 (a)(2)(A).
f. It is a felony violation to willfully violate the residency laws: § 922 (a)(5) transferor’s violation, § 922 (a)(3) receiver’s violation, up to 5 years in prison.

Sorry, I am not able to find the specific law that confirm 4(c) above, but, it seems to me that if you are 18 or older you can buy a hangun in a private sale as long as the sale is between two parties in the same state of residence. If you have a TX DL you should be legal buying from a private party in TX. If you maintain your residence in another state, you may have to go there to buy.

I am not a lawyer. This is my OPINION. Not legal advice.

[Springfield_XDs]

Thank you all for helping me. I now have a good understanding of what I need to do.

Thanks again!
-Jesse

[Shoot Straight]

Thank you all for helping me. I now have a good understanding of what I need to do.

Yeah. You need to get a CHL.

Remember that 46.15(b)(1) only applies "in the actual discharge of official duties as a member of the armed forces"

[sammeow]

If you get your CHL before you turn 21 it would be a good idea to keep your DL, CHL, and Mil ID together. Just in case
You can carry in your vehicle btw without the CHL. Just be careful on base.
Strange that an 18 yo can own a handgun but you must be 21 to purchase handgun ammunition.

thank you for serving.