18 year old driving with handgun in vehicle?

[o b juan]

Holding class for a family with son 18 and they called me with this question. Do not seem to find in CHL/Ltc booklet

O B Juan on the border.

[Mike S]

I seem to remember a thread on here about this topic awhile back. If memory serves, the gist was that (in Texas) there's no statute that prohibits an 18 y.o. from possession of a handgun. It would be allowed under MPA, but not LTC until 21 y.o. unless meeting the exception for military members. They are still prohibited from purchasing handguns/handgun ammo until 21 y.o., though.

ETA: I'll look for a link this afternoon to an article (from TSRA, I believe) & post it later that expounded on it. Since I ain't no lawyer I prefer to send my students links to articles written by lawyers so they have a more definitive answer.

I'd also add that even though it may be legal, on the practical side it would be a judgement call by the family based on the maturity of the 18 y.o. and risk level of the environment of where they live. (There's some young adults that don't have the ability to tap into their frontal lobes yet; but there's also some grown ups who are still challenged in this regard.).

[o b juan]

Could someone give me a code # or statute that I can show his parents instead of just telling them it is OK..

[Keith B]

Could someone give me a code # or statute that I can show his parents instead of just telling them it is OK..

46.02 defines it's not illegal to have it concealed in the vehicle http://codes.findlaw.com/tx/penal-code/ ... 46-02.html

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

[o b juan]

KEITH B

Thanks I knew that and read it thought there might be more but that just about covers it.

[ScottDLS]

Could someone give me a code # or statute that I can show his parents instead of just telling them it is OK..

46.02 defines it's not illegal to have it concealed in the vehicle http://codes.findlaw.com/tx/penal-code/ ... 46-02.html

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

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".

[o b juan]

(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

[KLB]

(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

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?

[stroo]

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.

[JALLEN]

(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

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?

Is "possession" necessarily the result of a "transfer?"

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?

[KLB]

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.

Good point.

[C-dub]

(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

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?

Is "possession" necessarily the result of a "transfer?"

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?

Not permanently, but he would currently be in possession of that bicycle.

[AJSully421]

A 17 year old can have a pistol in a car according to state law. I believe that federal law says 18... But unless your kid gets pulled over by the FBI, it shouldn't be a problem.

Also remember that if your kid drives within 153 miles of a school that he is in violation of the Gun Free School Zone law. Gotta keep that in mind.

[JALLEN]

(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

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?

Is "possession" necessarily the result of a "transfer?"

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?

Not permanently, but he would currently be in possession of that bicycle.

That's the point. One can be in "possession," lawful, without there being a "transfer", unlawful, I believe.

[C-dub]

(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

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?

Is "possession" necessarily the result of a "transfer?"

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?

Not permanently, but he would currently be in possession of that bicycle.

That's the point. One can be in "possession," lawful, without there being a "transfer", unlawful, I believe.

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.