Motorist Protection Act and minimum age?

[steking]

I'm trying to determine if there is a minimum age when it comes to the Motorist Protection Act. I've read the threads that I was successful searching on, but there doesn't seem to be a definitive answer. I'm wondering if my teenage daughter could carry in her vehicle? I'm sure it's been answered somewhere, I just can't locate it. Does anyone know, and sorry in advance if I'm dredging up an old and worn topic.

[Zee]

In Texas its 18 for long guns and 21 for a handgun.

[seamusTX]

Sorry, Zee, but there is no age limit to possession of a firearm in Texas.

The age limits that you are quoting are for purchase from an FFL under federal law.

That said, if the police found probable cause to search the vehicle, I would expect a lot of hassle and legal bills.

This issue has been argued dozens of times.

- Jim

[steking]

Sorry, Zee, but there is no age limit to possession of a firearm in Texas.

The age limits that you are quoting are for purchase from an FFL under federal law.

That said, if the police found probable cause to search the vehicle, I would expect a lot of hassle and legal bills.

This issue has been argued dozens of times.

- Jim

Thanks for the reply Jim. Are you saying that this situation is undefined as far as the law is concerned and argued dozens of times here on the forum? Maybe that's why I'm having a difficult time finding the anwer?

I guess an inquiry to my county DA is in order.

[Zee]

I stand corrected. It looks like there is a minimum age to buy but not possess in Texas. That seems to defy common sense.

[ammo two]

OK so what are we saying here? That if you are under 21 you can't buy booze but if someone else buys it for you it is okay to possess? Some how I just don't see it working like that.

Bad analogy..there is a specific law prohibiting possession of alcohol. But seems to me the same intent for firearms. Just saying.

[seamusTX]

Are you saying that this situation is undefined as far as the law is concerned and argued dozens of times here on the forum?

Yes. Nothing in the Texas Penal Code says that possessing a firearm below age X is an offense. I don't know of any case law in this area, but IANAL.

The issue has been argued frequently in this forum.

Some people point to PC 46.13; but that statute defines a penalty for an adult who makes a firearm available to a minor child, not for the child. It also contains an exception for self-defense.

I guess an inquiry to my county DA is in order.

You can ask; but if you ask a legal question and he gives you a definitive answer, you might not be happy with it.

I think women's self-defense classes that focus on situational awareness and unarmed self-defense are a good start. Not that I think women of any age should be disarmed; but having a weapon does no good if one's head is in the clouds.

Many community colleges offer these classes.

Also, if you give a teenager a dangerous item of any kind (including a motor vehicle), you have to consider the factor of friends and acquaintances. You can connect the dots on that issue.

- Jim

[seamusTX]

OK so what are we saying here? That if you are under 21 you can't buy booze but if someone else buys it for you it is okay to possess? Some how I just don't see it working like that.

Bad analogy..there is a specific law prohibiting possession of alcohol. But seems to me the same intent for firearms. Just saying.

The Penal Code prohibits possession or consumption of alcoholic beverages by a person who is under 21, with certain exceptions (consumption in the presence of a parent or spouse).

The legislature did not see fit to pass the same kind of laws for firearms.

The fact that they passed laws about alcoholic beverages and not firearms seems to indicate a certain legislative intent. It is not what one would expect these days, but there you go.

Texas law, as voluminous and overwhelming as it is, contains quite a few small-l libertarian elements. Many states prohibit possession of a firearm by a minor or carrying loaded weapons in a vehicle. Texas does not, and never has, AFAIK.

That is not to say that a minor cannot get into a world of hurt by violating the laws that are on the books, such as disorderly or deadly conduct. A minor who is trusted with a weapon must understand those laws and have a level of maturity to assure obeying them.

- Jim

[chabouk]

seamusTX has the right answers.

Are you saying that this situation is undefined as far as the law is concerned and argued dozens of times here on the forum?

Any time a behavior is not defined as illegal, it is legal. You won't find laws that say "It is legal to do ABC", except as an exception to another law that makes ABC illegal.

[Zee]

I'm over 21 so I can rent a car and drive around with beer on my seat and a gun under it. Adulthood is so liberating.

[Keith B]

I'm over 21 so I can rent a car and drive around with beer on my seat and a gun under it. Adulthood is so liberating.

That beer better not be open or have empties in the car or you can be arrested for Open Container. All previously opened containers of alcohol must be transported in a vehicle’s trunk where the driver and passengers do not have access.

[Zee]

I'm over 21 so I can rent a car and drive around with beer on my seat and a gun under it. Adulthood is so liberating.

That beer better not be open or have empties in the car or you can be arrested for Open Container. All previously opened containers of alcohol must be transported in a vehicle’s trunk where the driver and passengers do not have access.

Must you rain on my parade?

[Keith B]

I'm over 21 so I can rent a car and drive around with beer on my seat and a gun under it. Adulthood is so liberating.

That beer better not be open or have empties in the car or you can be arrested for Open Container. All previously opened containers of alcohol must be transported in a vehicle’s trunk where the driver and passengers do not have access.

Must you rain on my parade?

Not raining, just totally agree with the open container law. I have no problem with alcohol, but am a big opponent of drinking and driving. I have seen too many drunk driving accidents and the terrible results.

[Count]

But seems to me the same intent for firearms. Just saying.

Don't be shy. Go ahead and quote the law that limits firearm possession by age.

[SlowDave]

Gotta remember, possession includes more than just MPA or personal defense. Kids in TX typically begin hunting around age 13 or so, and at that time "possess" a weapon while hunting, albeit under the supervision of an adult. My kids are past that age now, but there is a minimum age for kids to hunt by themselves after taking the NRA safety course and it's pretty young ... I think 14 or 15. So, there may be some hassle or something, but you haven't broken a law that I know of by having a minor carry a loaded handgun in a car under the MPA.

That's the law, then there's the smart thing to do. These are not always the same thing. Use good judgement on allowing your kids to carry in the car, with the knowledge that you are putting them in a spot for a potential huge problem as well as the fact that you will surely go down with them if anything happens. And "anything" includes them not securing the vehicle/weapon and some other kid getting possession of the weapon. My $.02. IMHO, YMMV, IANAL, etc.