TexasCHLforum.com

This is maybe a dumb question, but I've been coming up with conflicting answers.

What is the legal age at which someone may be in possession of a firearm in the state of Texas? I'm not talking about concealed carry, but possession. I have an 18 year old son who has been raised with guns, is very safety conscious, and whose judgment concerning firearms I trust. He has actually taught firearm safety in his JROTC class back in California. He wants to know if it is lawful for him to properly transport a firearm, unloaded and locked in a case, to and from a range without me in the vehicle, and to lawfully shoot said firearm at the range without my immediate supervision, assuming the range will allow him to do so.

I have done a little bit of research on this online, and I can't seem to get a definitive answer. For instance, this wikipedia reference states:

Texas has no laws regarding possession of handguns, shotguns, or rifles by persons 18 years or older [empasis mine] without felony convictions; a rifle, shotgun, or other long-barreled firearm may be carried openly, however a permit to carry is required for handguns (issued only to those 21 and older), and they must be concealed. Also, municipalities may not create their own gun control laws (preemption).

OTH, I don't like to base my legal advice on wikipedia's recommendations. I would be particularly appreciative if the forum's lawyers would weigh in on this.

Thanks,

Chris

The Annoyed Man wrote:This is maybe a dumb question, but I've been coming up with conflicting answers.

What is the legal age at which someone may be in possession of a firearm in the state of Texas? I'm not talking about concealed carry, but possession. I have an 18 year old son who has been raised with guns, is very safety conscious, and whose judgment concerning firearms I trust. He has actually taught firearm safety in his JROTC class back in California. He wants to know if it is lawful for him to properly transport a firearm, unloaded and locked in a case, to and from a range without me in the vehicle, and to lawfully shoot said firearm at the range without my immediate supervision, assuming the range will allow him to do so.

I have done a little bit of research on this online, and I can't seem to get a definitive answer. For instance, this wikipedia reference states:

Texas has no laws regarding possession of handguns, shotguns, or rifles by persons 18 years or older [empasis mine] without felony convictions; a rifle, shotgun, or other long-barreled firearm may be carried openly, however a permit to carry is required for handguns (issued only to those 21 and older), and they must be concealed. Also, municipalities may not create their own gun control laws (preemption).

OTH, I don't like to base my legal advice on wikipedia's recommendations. I would be particularly appreciative if the forum's lawyers would weigh in on this.

The Wikipedia mostly has it right. except it is legal for him to car carry under the new law, as long as he meets the requirments of keeping it concealed, not being a gangster or breaking any laws and he is in control or owns the car. He can't carry it while being driven by a friend. Something like littering could also get him an unlawful carry of a weapon charge. But he should be alright to transport to the range.

If he is taking it straight to the range and back, he technically isn't carrying it under the new car carry provisions but under the old provisions, and doesn't have to keep it concealed, or sweat the UCW associated with littering charges.

Agree with the above post, but would keep the weapon in the trunk, and the ammo in the cab of the car away from the driver. That is what LEO's recommended to me prior to sept 1 and my chl.

Penal Code Chapter 46 lists weapons offenses. The only mention of "minor" pertains to unlawful transfer (PC 46.06), where a person commits an offense who "intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;" (parental consent is an affirmative defense).

46.13 makes deals with safe storage:
(b) A person commits an offense if a child gains access to a
readily dischargeable firearm and the person with criminal
negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person
knew or should have known the child would gain access.

"Child" in 46.13 is defined as "a person younger than 17 years of age." Exceptions are made for children engaged in hunting, sporting, or lawful activities, if they are supervised by someone over 18.

In both cases, the penalty applies to the person providing or making the firearm available, not to the kid. There is no lower age limit for possession in Texas. A licensed 16 year old driver can carry a concealed handgun in a car while driving; a cop who wanted to push the issue could go after the parent or adult who let the kid have the gun, and it would be a Class C misdemeanor. At age 17, even that no longer applies.