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    Any handgun law specialists here?

    So I am 18 and I am wanting to know the legal rights behind me carrying a handgun. Reason behind this is that I make a lot of trips to the deer lease by myself now and illegal activity Is picking up and all other dangers that may arise while I am out there.

    I want to know if it is legal for me to have one in my possession in the car with me and while I am on the property. I've been charged by hogs with only my bolt action with me and that was not fun. I'm just trying to be safer while I am out there.

    I have read multiple threads and articles that have said I can have one under 21 but over 18 if it was not purchased from an ffl dealer? Is this true? If this is true would that mean I can only carry on private property?

    Thanks for any info that is given, if you can find any info I'd gladly appreciate it.
    Also if there are any laws that you find that I can print out and carry with me that'd be great as well.


    Sent from my iPhone using Tapatalk

    #2
    Yes you can.....you'll just have to get someone to buy your ammo for you lol



    Which I still think is stupid.

    Comment


      #3
      You can have one in your vehicle and you can carry openly on your property.

      Comment


        #4
        The thing is, the laws change about every two years or every four years, even it is a slight change. The safe thing to do if you're 18 is keep it in a case with no bullets in the case and in your toolbox or in your bag something away from where sitting. This is a solid reason that you are just going to the ranch or the range. Don't have it in a holster loaded near you. However this is a defense to the judge and is really up to the officer who you encounter. Since you're not supposed to have a handgun unless you have a license for it to be with you loaded ready to go. However the Castle doctrine is simply a defense in court, it doesn't change the encounter itself unless your officer excersises good judgment. However at your place you can do whatever it's just the transportation from A to B that can be confusing.
        This is what I was taught when I got my degree in criminal justice from A&M anyway.

        However the best thing to do would be to call the Attorney Generals office and ask them.
        Good luck join the military and you can get it before your 21 like I did.

        Comment


          #5
          Originally posted by Quanah11 View Post
          The thing is, the laws change about every two years or every four years, even it is a slight change. The safe thing to do if you're 18 is keep it in a case with no bullets in the case and in your toolbox or in your bag something away from where sitting. This is a solid reason that you are just going to the ranch or the range. Don't have it in a holster loaded near you. However this is a defense to the judge and is really up to the officer who you encounter. Since you're not supposed to have a handgun unless you have a license for it to be with you loaded ready to go. However the Castle doctrine is simply a defense in court, it doesn't change the encounter itself unless your officer excersises good judgment. However at your place you can do whatever it's just the transportation from A to B that can be confusing.
          This is what I was taught when I got my degree in criminal justice from A&M anyway.

          However the best thing to do would be to call the Attorney Generals office and ask them.
          Good luck join the military and you can get it before your 21 like I did.
          Huh?

          Possession and ownership of a handgun by an 18yo is not illegal. Dont matter if 18 or 22, you can carry a concealed weapon in your vehicle without a license.

          Comment


            #6
            You are good see (2) below so you are good at 18 under 18 no good. Quanah has good advice keep it out of reach in the tool box un loaded while driving to avoid a possible issue. Some cops don't even know the law, you better tell them you have it if a search of your truck is gonna happen if not you will be in jail for sure.

            Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
            (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
            (2) 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;

            Comment


              #7
              Originally posted by Jaybo31 View Post
              Huh?

              Possession and ownership of a handgun by an 18yo is not illegal. Dont matter if 18 or 22, you can carry a concealed weapon in your vehicle without a license.
              Aggie. Case closed.

              Comment


                #8
                Originally posted by Jaybo31 View Post
                Huh?

                Possession and ownership of a handgun by an 18yo is not illegal. Dont matter if 18 or 22, you can carry a concealed weapon in your vehicle without a license.
                This is true, you can own a gun and have it with you but the place in which he has it with him is under the confines of the law, but under what can you travel with? Castle doctrine, and when it gets right down to it in court. That's just a defense whereas you must be able to prove that you were going to a ranch, gun range, traveling (to visit someone or other credible travel, not going to the grocery store) check with the AG office also. You might learn that the gun laws put in place to protect us, have cracks in them like all other laws.

                Comment


                  #9
                  Originally posted by mastercraftka View Post
                  You are good see (2) below so you are good at 18 under 18 no good. Quanah has good advice keep it out of reach in the tool box un loaded while driving to avoid a possible issue. Some cops don't even know the law, you better tell them you have it if a search of your truck is gonna happen if not you will be in jail for sure.

                  Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
                  (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
                  (2) 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;
                  Thanks bud I couldn't remember the code that pertained to this.

                  Comment


                    #10
                    This is a pretty good website as well for all states.

                    What's the minimum age to buy a gun? Minimum age laws for the purchase of guns are intended to decrease access to firearms by young people.

                    Comment


                      #11
                      Originally posted by Quanah11 View Post
                      This is true, you can own a gun and have it with you but the place in which he has it with him is under the confines of the law, but under what can you travel with? Castle doctrine, and when it gets right down to it in court. That's just a defense whereas you must be able to prove that you were going to a ranch, gun range, traveling (to visit someone or other credible travel, not going to the grocery store) check with the AG office also. You might learn that the gun laws put in place to protect us, have cracks in them like all other laws.
                      That doesn't matter anymore. And if there is a link to the law stating you cant put a handgun in your vehicle to get gas or buy milk(being sarcastic), please post it.

                      The penal code is pretty black and white.

                      Comment


                        #12
                        Originally posted by Quanah11 View Post
                        The thing is, the laws change about every two years or every four years, even it is a slight change. The safe thing to do if you're 18 is keep it in a case with no bullets in the case and in your toolbox or in your bag something away from where sitting. This is a solid reason that you are just going to the ranch or the range. Don't have it in a holster loaded near you. However this is a defense to the judge and is really up to the officer who you encounter. Since you're not supposed to have a handgun unless you have a license for it to be with you loaded ready to go. However the Castle doctrine is simply a defense in court, it doesn't change the encounter itself unless your officer excersises good judgment. However at your place you can do whatever it's just the transportation from A to B that can be confusing.
                        This is what I was taught when I got my degree in criminal justice from A&M anyway.

                        However the best thing to do would be to call the Attorney Generals office and ask them.
                        Good luck join the military and you can get it before your 21 like I did.

                        Where in the world did you learn that? Texas law makes no mention of loaded vs. unloaded when a person is legally allowed to possess a firearm.

                        As far as I know, he can legally possess the firearm loaded or unloaded in his vehicle, en route to his vehicle or on premises under his control.

                        Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
                        (1) on the person's own premises or premises under the person's control; or
                        (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.

                        (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
                        (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
                        (2) the person is:
                        (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
                        (B) prohibited by law from possessing a firearm; or
                        (C) a member of a criminal street gang, as defined by Section 71.01.

                        Comment


                          #13
                          Originally posted by JustinJ View Post
                          Where in the world did you learn that? Texas law makes no mention of loaded vs. unloaded when a person is legally allowed to possess a firearm.

                          As far as I know, he can legally possess the firearm loaded or unloaded in his vehicle, en route to his vehicle or on premises under his control.
                          I learned that from the DPS regulatory handgun department. Which is an extent of the AGs office in this department. The gun can be in the vehicle since it is an extent of his property stated in the castle doctrine, however IT MUST BE HIDDEN FROM VIEW AND SECURED if the person does not have a permit to carry the firearm. There are several cases in Texas that involve a person over the age of 18 without a license getting pulled over and having a handgun in their vehicle. They are then arrested and they can give their reasons for having the handgun in their vehicle while not en route to a ranch, range, etc. to the court.
                          I'm just trying to give sound advice to this kid since I do work in this field and since things change so frequently. I can tell him one thing that I have learned and that is it needs to be unloaded and in a case and he is heading to the ranch he won't have even close to as much trouble as if it is loaded and in a holster near him. Not every officer knows the exact law every given day. So to my next point, if the officer doesn't know exactly how to handle a situation like that they will let the courts decide. Look up cases, call whoever you want, I am just giving a kid advice on a realistic level. You can cite laws all day but what if the person is pulled over and the officer can't get a credible reason why he has a handgun and his reasons aren't what the officer needs to hear to justify it. I'm trying to help the kid out, but y'all go ahead he may never have a problem but there are enough case stuff to prove he may. Plus if he is going to be using a handgun to protect against hogs at his ranch, why can't it be in a case unloaded until he gets there? Furthermore it would be a smoother situation if the officer asks "are there any firearms in the vehicle?" "Yes, a pistol in a case in my backseat and my deer rifle, I'm heading to the ranch" versus "are there any firearms in the vehicle?" "Yes right here a loaded pistol in my holster" "do you have a permit for that?" "No" "okay step out of the vehicle please"
                          If you work in the court system with this stuff and work for the AGs office or DPS and you say it's okay for a 18 yr old kid to have a loaded gun in plain view and not secured in a case then go ahead. But what I'm telling you and him is what the law states and how it is meant to be enforced.
                          Last edited by Guest; 02-23-2017, 01:28 PM.

                          Comment


                            #14
                            Thanks for all the info guys, I should have made it clear it won't be on my body or loaded when it's in my Jeep. Won't take it out of the case until I'm getting ready to walk to my stand from the Jeep.


                            Sent from my iPhone using Tapatalk

                            Comment


                              #15
                              Originally posted by Jmsck12 View Post
                              Thanks for all the info guys, I should have made it clear it won't be on my body or loaded when it's in my Jeep. Won't take it out of the case until I'm getting ready to walk to my stand from the Jeep.


                              Sent from my iPhone using Tapatalk
                              I think that is the prudent thing to do until you turn 21 and get your LTC. I understand the argument while it might be legal I have seen it personally happen to a family member because the cop doesn't know the law. I just say better safe than sorry.

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