Motorist Protection Act and minimum age?

[steking]

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.

I do appreciate everyone’s time weighing in on this topic. Don't misunderstand, this is not a flippant decision I'm about to make. This child is mature and responsible well beyond her years or I would have never even considered it. The initiation of this thread was to determine if the MPA extends to individuals in their teens. That's the first step in the data gathering exercise that I’m currently engaged in. The next step is to gauge the maturity and responsibility of the individual, then assesses the risk vs. the reward. I’m not taking this lightly.

Do I want her driving home by herself at 1:00am from some burger flippin’ job without some sort of protection? No I don’t. Am I concerned that something stupid will happen with some knucklehead kid flashing it or having an accidental discharge? Yes. But honestly at this point, since there seems to be some ambiguity in the interpretation, I’m more concerned that a LEO’s interpretation may cause her more pain than it would cause me, then it might sour her on firearms.

As I’ve said previously, I’ll probably be contacting the DA of my county of residence. If you care to read further I’ll convey a short but humorous story about the county that I live in.

During the course of building a new home a few years ago, we were having some vandalism problems. Just kid’s breaking a few windows. It happened two nights in a row, so I decided to stay at the site the next night and catch the little rascals. I had the County Sheriff come out, fill out a report and notify him of my intentions for that evening. I didn’t want him shooting me because he thought I was a BG. The sheriff asked me if I had a weapon, my response was no. He was clearly disappointed and said and I quote, “You know you can shoot them don’t you.” Enough said. Also, during my CHL class the instructor believed that my county has the most CHL’s per capita in the state. Not sure how he could get that data, because I’ve tried to nail that down and I can’t. Anyway, it’s a bit of the old west where I am.

[Venus Pax]

I would contact an attorney on this, but if you're certain your daughter is responsible, then it's probably fine.

My dad was always a stickler about me keeping a gun handy once I started driving outside of my small hometown.

[chabouk]

I'd actually recommend a paralegal instead of an attorney. Paralegals do the actual legal research, and often understand the law better than attorneys.

[Kevinf2349]

I am not sure of the legalities of the age of the driver under the MPA, however, from a personal point of view I would rather have to go and bail my daugther out of the pokey than have to identify her in the morgue.

If she is totally a responsible teenager, and a careful driver, and open and honest with any LEO that may pull her over about the presence of a firearm in the vehicle I say.......protect your family. Of course if she is going to a school then I would make her leave the gun at home if I were you.

[steking]

My dad was always a stickler about me keeping a gun handy once I started driving outside of my small hometown.

Venus, how old where you when you started carrying in your car?

[joe817]

I must have to honestly say, I've not read every response in the thread but I think I get the jest of what it is about. I make no judgment on whether to permit your daughter to carry or not. I only suggest that you consider the best, top of the line pepper spray affordable, and give her that.

I totally understand that YOU have confidence in your daughter, but that you are justifiably concerned with any passengers she might have with her who are NOT as contentious as she is about handling guns and gun safety. It's a "I'm more worried about them than her" situation." As a dad of 2 adult daughters, I've been there and done that. I DO understand.

If I've spoken out of turn or have totally misunderstood the jest of the thread....my apologies and as Lilly Tomlinson used to say on Saturday Night Live, "never mind".

[steking]

I am not sure of the legalities of the age of the driver under the MPA, however, from a personal point of view I would rather have to go and bail my daugther out of the pokey than have to identify her in the morgue.

If she is totally a responsible teenager, and a careful driver, and open and honest with any LEO that may pull her over about the presence of a firearm in the vehicle I say.......protect your family. Of course if she is going to a school then I would make her leave the gun at home if I were you.

Yeah, that's kind of what I'm thinking on the whole pokey vs. morgue thing. But it won't ever be going to school, this would be for all other trips. Did I mention she's a better shot than me and she currently has a pump .20 with one in the chamber sitting in her closet. She regulary shows her boyfriend her range targets. Oh yeah, I'm a proud papa!

[Kevinf2349]

+1 on the pepper spray, and maybe a stun gun or a knife too.....if you can't get an answer to arming her (or the vehicle)

[Charles L. Cotton]

I think everyone realizes this, but I want to point out that the MPA doesn't make possession of a handgun in a motor vehicle legal; it amended TPC §46.02 to repeal the prior prohibition of possessing of a handgun in a car, except under very limited circumstances. This distinction is important.

As others have said, there is no minimum age for handgun possession in a car, that apply to the minor. Jim pointed out that TPC 46.13 "Making a [readily dischargeable] Firearm Accessible to a Child" applies to the adult, not the "child" (defined to be someone under the age of 17 years.) Please note the definition of a "readily dischargeable firearm.

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.

(2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.
(Emphasis added.)

When my youngest son was 18 and going to college, he had two or three close calls leaving U/H when he took a few late afternoon or evening classes. He asked me for a shotgun to carry in his car. I had the same concerns you have, even though he was a "good kid" and very responsible. He was still a teenager, a college student, and in a fraternity. As you noted steking, it was a risk analysis and I made my decision. I won't disclose it here because it won't help you one bit.

As an attorney who has been involved in the legislative effort on behalf of gun owners for 30 years, I wouldn't even think of relying upon what you are told by a DA or ADA. I've heard too much inaccurate information given in Senate and House hearings, whether intentionally or otherwise. You are likely to hear what the DA or ADA wants the law to be, or their personal opinion on the issue. But of course that's just my bias based upon three decades of advocacy.

Chas.

[steking]

As an attorney who has been involved in the legislative effort on behalf of gun owners for 30 years, I wouldn't even think of relying upon what you are told by a DA or ADA. I've heard too much inaccurate information given in Senate and House hearings, whether intentionally or otherwise. You are likely to hear what the DA or ADA wants the law to be, or their personal opinion on the issue. But of course that's just my bias based upon three decades of advocacy.

Chas.

Thanks for the reply Mr. Cotton, I clearly have some thinking to do.

Steve