
O B Juan on the border.
Moderators: carlson1, Crossfire
46.02 defines it's not illegal to have it concealed in the vehicle http://codes.findlaw.com/tx/penal-code/ ... 46-02.htmlo b juan wrote:Could someone give me a code # or statute that I can show his parents instead of just telling them it is OK..
But wait!!! Where's the law that says it's legal to do that....? There has to be a law granting me the privilege...otherwise I could "take a ride".Keith B wrote:46.02 defines it's not illegal to have it concealed in the vehicle http://codes.findlaw.com/tx/penal-code/ ... 46-02.htmlo b juan wrote:Could someone give me a code # or statute that I can show his parents instead of just telling them it is OK..
46.06 states it's illegal to transfer a firearm to someone younger than 18 http://codes.findlaw.com/tx/penal-code/ ... 46-06.html
I have not studied this issue, but there seems to be an anomaly. P.C. 46.02 makes it legal for a 17 year old to possess a firearm in a vehicle, if the firearm is not in plain view. But P.C. 46.06 means that the person who transferred the firearm to the 17 year old committed an offense. So the kid walks, and dad suffers the consequences. Is that how others see it?o b juan wrote:(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. - See more at: http://codes.findlaw.com/tx/penal-code/ ... btVUp.dpuf
I believe someone 18 0r older is a person in TEXAS
Is "possession" necessarily the result of a "transfer?"KLB wrote:I have not studied this issue, but there seems to be an anomaly. P.C. 46.02 makes it legal for a 17 year old to possess a firearm in a vehicle, if the firearm is not in plain view. But P.C. 46.06 means that the person who transferred the firearm to the 17 year old committed an offense. So the kid walks, and dad suffers the consequences. Is that how others see it?o b juan wrote:(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. - See more at: http://codes.findlaw.com/tx/penal-code/ ... btVUp.dpuf
I believe someone 18 0r older is a person in TEXAS
Good point.stroo wrote:Look at PC 46.06(c):
(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.
Not permanently, but he would currently be in possession of that bicycle.JALLEN wrote:Is "possession" necessarily the result of a "transfer?"KLB wrote:I have not studied this issue, but there seems to be an anomaly. P.C. 46.02 makes it legal for a 17 year old to possess a firearm in a vehicle, if the firearm is not in plain view. But P.C. 46.06 means that the person who transferred the firearm to the 17 year old committed an offense. So the kid walks, and dad suffers the consequences. Is that how others see it?o b juan wrote:(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. - See more at: http://codes.findlaw.com/tx/penal-code/ ... btVUp.dpuf
I believe someone 18 0r older is a person in TEXAS
The pistol is in the glove box of a vehicle ordinarily driven by dad. The kid gets in and drives to the grocery store.
Dad left his $5,000 custom carbon fiber bike in the trunk. Is the bike transferred to the kid?
That's the point. One can be in "possession," lawful, without there being a "transfer", unlawful, I believe.C-dub wrote:Not permanently, but he would currently be in possession of that bicycle.JALLEN wrote:Is "possession" necessarily the result of a "transfer?"KLB wrote:I have not studied this issue, but there seems to be an anomaly. P.C. 46.02 makes it legal for a 17 year old to possess a firearm in a vehicle, if the firearm is not in plain view. But P.C. 46.06 means that the person who transferred the firearm to the 17 year old committed an offense. So the kid walks, and dad suffers the consequences. Is that how others see it?o b juan wrote:(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. - See more at: http://codes.findlaw.com/tx/penal-code/ ... btVUp.dpuf
I believe someone 18 0r older is a person in TEXAS
The pistol is in the glove box of a vehicle ordinarily driven by dad. The kid gets in and drives to the grocery store.
Dad left his $5,000 custom carbon fiber bike in the trunk. Is the bike transferred to the kid?
You probably know more about that than I. However, an 18y old may legally possess a firearm. I guess the real problem occurs when a 16y or 17y old is driving dad's car and pulled over for some traffic violation and ends up submitting to a search. When the officer finds dad's handgun, what then? No actual transfer occurred, but the minor is in possession of a firearm.JALLEN wrote:That's the point. One can be in "possession," lawful, without there being a "transfer", unlawful, I believe.C-dub wrote:Not permanently, but he would currently be in possession of that bicycle.JALLEN wrote:Is "possession" necessarily the result of a "transfer?"KLB wrote:I have not studied this issue, but there seems to be an anomaly. P.C. 46.02 makes it legal for a 17 year old to possess a firearm in a vehicle, if the firearm is not in plain view. But P.C. 46.06 means that the person who transferred the firearm to the 17 year old committed an offense. So the kid walks, and dad suffers the consequences. Is that how others see it?o b juan wrote:(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. - See more at: http://codes.findlaw.com/tx/penal-code/ ... btVUp.dpuf
I believe someone 18 0r older is a person in TEXAS
The pistol is in the glove box of a vehicle ordinarily driven by dad. The kid gets in and drives to the grocery store.
Dad left his $5,000 custom carbon fiber bike in the trunk. Is the bike transferred to the kid?