LTC for persons under 21

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Slerman
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LTC for persons under 21

#1

Post by Slerman » Sat Mar 03, 2018 2:12 pm

Howdy,

I have a question regarding obtaining an LTC before turning 21. Obviously in Texas a person seeking an LTC must be 21 years of age. With that being said states such as Indiana issue non-resident permits beginning at age 18. Texas and Indiana share reciprocity. The way that I currently interpret that is that a person who is 18 years old could apply for a non-resident permit and it would be recognized in Texas. Is this legal?


Thank you


WTR
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Re: LTC for persons under 21

#2

Post by WTR » Sat Mar 03, 2018 2:41 pm

I would the regs. carefully. I have a Non resident TX CHL. TX and CO have reciprocity. However, since I have a non resident TX license. I can't carry in CO.

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Scott B.
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Re: LTC for persons under 21

#3

Post by Scott B. » Sat Mar 03, 2018 6:57 pm

Any license that Texas recognizes is still bound by Texas law while here. In Texas, you only qualify for an LTC between 18 and 21 if:

§411.172(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of
age but not yet 21 years of age is eligible for a license to carry a handgun if the
person:
(1) is a member or veteran of the United States armed forces, including a
member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged from the United
States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except for the
minimum age required by federal law to purchase a handgun.

And (a) reads as follows:

§411.172(a) A person is eligible for a license to carry a handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date
of application under this subchapter or is otherwise eligible for a license under
Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor
or equivalent offense, or of an offense under Section 42.01, Penal Code, or
equivalent offense, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B
misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper
use and storage of a handgun;
(8) has not, in the five years preceding the date of application, been convicted
of a Class A or Class B misdemeanor or equivalent offense or of an offense
under Section 42.01, Penal Code, or equivalent offense;
(9) is fully qualified under applicable federal and state law to purchase a
handgun;
(10) has not been finally determined to be delinquent in making a child support
payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment of a
tax or other money collected by the comptroller, the tax collector of a political
subdivision of the state, or any agency or subdivision of the state;
(12) is not currently restricted under a court protective order or subject to a
restraining order affecting the spousal relationship, other than a restraining
order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal law of
the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose any
material fact, in an application submitted pursuant to Section 411.174
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apostate
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Re: LTC for persons under 21

#4

Post by apostate » Sat Mar 03, 2018 9:03 pm

Are you saying that somebody with an LTC from another State can't carry in Texas if they're delinquent on their taxes? That doesn't sound right.

If that doesn't apply to reciprocity, why does the age limit?
I'm too old for this...

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Scott B.
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Re: LTC for persons under 21

#5

Post by Scott B. » Sat Mar 03, 2018 9:24 pm

Let's work it another way. If you have a Texas license, but are in Kansas, where you cannot carry in a place of worship... are you legal to carry in a Kansas place of worship just because you can in Texas? Answer - no.

The red flag is on taxes owed to the state of Texas.
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apostate
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Re: LTC for persons under 21

#6

Post by apostate » Sat Mar 03, 2018 9:28 pm

Nobody is saying somebody with an out of state LTC can carry at professional sporting events in Texas, just because it's allowed at home.
I'm too old for this...


twomillenium
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Re: LTC for persons under 21

#7

Post by twomillenium » Sat Mar 03, 2018 10:17 pm

What is so hard to understand? When in Rome do as the Romans. Reciprocity mean that a state accepts the license of a different state, but you still must follow the rules of the state that you are carrying in. If that state does not license under 21 except for active military, then that is the law you must follow. That should be easier to understand than it was to type.
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rob777
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Re: LTC for persons under 21

#8

Post by rob777 » Sat Mar 03, 2018 11:18 pm

IANAL but I don't think reciprocity requires you meet Texas' eligibility requirements. If you want to obtain a non-resident Texas LTC yes... but not just to carry under the authority of your state's license.
Some of the examples given above are about following the individual state rules for where you can carry, which most of us already know.
Based on the TX/CO example, if Texas required age 21 for reciprocity, would they not specify (as Colorado did for Texas) this condition?

Well I looked up our agreement with Indiana and guess what it says....

"NOW, THEREFORE, I, Rick Perry, Governor of Texas, do hereby proclaim that the State of Texas shall give full faith and credit to a valid license to carry a handgun issued by the State of Indiana as long as Indiana permit holders comply with all laws, rules, and regulations of the State of Texas governing concealed carry, including age restrictions and types of weapons permitted. "

I would wager that if you're a Texas resident and obtain a non-resident license from another state just so you can bypass Texas requirements (age, felony record, taxes, etc) that you would get in legal trouble some how, some way.
"Rescue the weak and the needy; deliver them from the hand of the wicked.”

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spectre
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Re: LTC for persons under 21

#9

Post by spectre » Sun Mar 04, 2018 11:49 am

If a 20 year old with an Indiana license can't carry in Texas unless they also meet the requirements in 411.172(g) does that mean they also have to carry their military ID or DD214 to be legal in Texas?

If a 30 year old has a license from a state that doesn't count deferred adjudication as a conviction, and they got DA for DWI three years ago, are they prohibited from carrying in Texas?

:confused5
When plunder becomes a way of life for a group of men in a society,
over the course of time they create for themselves a legal system that authorizes it
and a moral code that glorifies it. - Frédéric Bastiat

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