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RE: PC 46.06 Illegal Transfers of Certain Weapons I can as the parent "give" my 18 year old daughter a weapon and she can legally possess it (As I read it I can even assign consent for the sale of the weapon but that is not my question).

Once there she can then use it for lawful purposes short of CHL.

Soooo, PC 46.02 is where we get the authority to carry in our vehicles while concealed and not otherwise prohibited from possessing a firearm. I am pretty sure that I know the answer but she can carry the weapon in the vehicle she is driving under MPA, correct?

I deal with this with my son also. My understanding is that if your child is under 21, they can be in possession of the pistol if they are under your supervision... ...meaning, you're there with him/her. This is fixin' to be moot for us, as our boy is going to be 21 in January, and he can get his CHL then and carry legally. My understanding is that, until then, he may have a long gun in the vehicle, but not a pistol, if he is on his own.

So maybe something along the lines of a kel tec sub2000 would be in order...wouldn't a carbine be considered a long gun and therefore legal? and its small and concealable in a vehicle...

coach gun (and cut the stock but no shorter than is legal for overall length requirements.)

I don't know any Texas law that prohibits an 18 year old adult from possessing a handgun if they're not a felon or other prohibited person and I don't see any age limit in the MPA.

SwimFan85 wrote:I don't know any Texas law that prohibits an 18 year old adult from possession a handgun (if they're not a felon or other prohibited person) and I don't see any age limit in the MPA.

That's my understanding. An 18 year old may purchase and own a long gun, an 18 year old may receive a handgun by purchase with my written permission or "effective" consent for any other type of transfer.

PC 46.06, B wrote:(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.

And then I look at PC 46.13:

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.

<SNIP>

(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.

<SNIP>

Am I missing something?

An 18-year old can possess a handgun. The law only says that you must be over 21 to purchase from an FFL - it says NOTHING about private sales/gifts.

This is how I own my handguns since I am still 20; my husband bought them and gifted them to me. We live together, obviously, so the point is really moot, but you get the idea.

You may not purchase it FOR her (that is a straw purchase) but in the words of every dealer we've asked...there's nothing wrong with giving her a gift.

Under the Motorist Protection Act of 2007, if you can legally possess a handgun, you may carry it in your car. You are also, if not CHL certified, not required to inform the officer that you have it.

And the "making handguns accessible to children" section applies to those under 18, not over. :)

Aren't you afraid of taking the "ride"? The perfect storm of anti-young person cop, DA, and anti-2nd amendment judge could result in a conviction for a non-crime. I've heard that there's a judge in Texas that thinks that no one under 25 should own a handgun. I'd be really careful about carrying under the Castle Doctrine until there's a test case. And can you afford bail, lawyer, time off work while in jail, and damage to your reputation? You may beat the rap, but you won't beat the ride.

Dragonfighter wrote: And then I look at PC 46.13:

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.

<SNIP>

(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;

<SNIP>

Am I missing something?

Yes: you're missing that this section only applies to a child, which is statutorily defined as someone younger than 17 years of age.

It does not apply to your 18 year old, not since she turned 17.

Oh, and it also only applies to a "firearm" that is "readily dischargeable". Meaning, it's loaded and ready to fire. My teens can load their own guns.

Pardon the serial posting, but I also have to clarify: 46.13 doesn't apply to the "child", it applies to the person who provides the "readily dischargeable firearm".

chabouk wrote:Pardon the serial posting, but I also have to clarify: 46.13 doesn't apply to the "child", it applies to the person who provides the "readily dischargeable firearm".

Agreed, I cited that section more for the definition of child. So the consensus is we're okay, right?

ScottDLS wrote:Aren't you afraid of taking the "ride"? The perfect storm of anti-young person cop, DA, and anti-2nd amendment judge could result in a conviction for a non-crime. I've heard that there's a judge in Texas that thinks that no one under 25 should own a handgun. I'd be really careful about carrying under the Castle Doctrine until there's a test case. And can you afford bail, lawyer, time off work while in jail, and damage to your reputation? You may beat the rap, but you won't beat the ride.

Nope. The possible alternatives scare the water out of me though.

Yes,

You can give any firearm as a gift to anyone of any age as long as they are not a prohibited person (felon, drug addict, mentally impaired etc). (I gave my son a hangun for his 15th birthday)

You can not make a readily dischargable firearm available to a child less than 17 years old (with exceptions like under adult supervision or hunting with a hunter safety cert) but YOU are violating the law not the child. (although the gun I gave my son is HIS, I still must control access to it until he turns 17 but only I can be charged with a crime if he has it)

An FFL (federal firearms licensee) can not sell a handgun to someone less than 21 years old but a private seller can.

MPA does NOT specify any age limit so an 18yo can carry a handgun in a car they own or are driving.

Dragonfighter wrote:

chabouk wrote:Pardon the serial posting, but I also have to clarify: 46.13 doesn't apply to the "child", it applies to the person who provides the "readily dischargeable firearm".

Agreed, I cited that section more for the definition of child. So the consensus is we're okay, right?

Sorry, I thought you posted it, but still thought it applied. Yes, we agree that it's perfectly legal for anyone 17+ to carry in the car under MPA. Some folks quibble about 16 year old drivers because of 46.13, but again I point out that it has be "readily dischargeable" at the time the "child" gains access, and all my teens know how to load their own.

Thank goodness I don't actually have a teen driver in the house at the moment...

To sum up:

A person over the age of 17 can legally POSSESS a handgun. A person over the age of 21 can legally BUY a handgun from a licensed dealer. So, clearly, there is no law that prevents a 17 year old from having handgun in a vehicle that he or she owns, or is in control of.

And, one more thing... MOTORIST PROTECTION ACT allows you to have a handgun in the car without a CHL.

CASTLE DOCTRINE protects you from civil liability in the event you have to use it in a legally justifiable situation.