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  #1  
Old 03-04-2009, 06:43 PM
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Join Date: Apr 2008
Posts: 15

Handguns (Under 21, Over 18) In Self-Defense?


(My apologies if this is not in the correct forum, I didn't really know where to put this.)

I live in Texas, where it is legal for a person under 21 (but over 18) to own a handgun. It is illegal for a person under 21 to purchase a handgun from a licensed dealer, but not illegal to purchase it privately through an individual (again, if they are older than 18). It is also illegal for a person under 21 to buy handgun ammo. I have had a few people try to tell me otherwise, but go look up the actual law. It's right there, in Chapter 46 of Texas Penal Code: [url=http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.46.htm]PENAL CODE** CHAPTER 46. WEAPONS[/url] And the Youth Handgun Safety Act states: (1) Federal law prohibits, except in certain limited circumstances, anyone under the age of 18 from knowingly pos-sessing a handgun, or any adult fromtransferring a handgun to such a minor

So, I can own a handgun if I buy it from a private seller and do whatever I want with it on my own property. I can keep it in my car as long as it's not on or around my person or in plain view (read: in the trunk) and can carry it on me to or from my vehicle.

I had a guy in a gun shop today tell me that, if an intruder were to enter my apartment and I were to shoot him(injuring or killing), I would not be charged with assault/murder/whatever, but I would *without a doubt* be taken in for illegal possession of a handgun.

Now, looking at the law, I don't think that's true.
I can legally own a handgun and use it on my own premises (not that I would in an apartment, but whatever) or at a shooting range (or hunting, I suppose). I just can't legally use it anywhere else, just like anyone over 21 without a CHL.

Anyone have solid information for me in regards to this?

(I own a shotgun and would probably use that if anyone broke in and I had time to grab it, but just for the sake of a "what if" situation....)

EDIT:
Also, if anyone can provide a link to information pertaining to carrying a loaded handgun in your vehicle (without a CHL), I would be most appreciative. According to the Texas Castle Law, a person may carry a loaded handgun in their car for personal protection provided the gun is not in plain view. What I am trying to discern is if I must be 21 to legally do so, or if I must be at least 18.

Last edited by randomoutburst; 03-04-2009 at 08:11 PM. Reason: Additional question that came to mind...
  #2  
Old 03-05-2009, 04:48 PM
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Join Date: Apr 2005
Location: Texas
Posts: 1,181
Quote:
Originally Posted by randomoutburst View Post
I had a guy in a gun shop today tell me that, if an intruder were to enter my apartment and I were to shoot him(injuring or killing), I would not be charged with assault/murder/whatever, but I would *without a doubt* be taken in for illegal possession of a handgun.
That guy is wrong. Texas Penal Code Sec. 46.02
Quote:
Also, if anyone can provide a link to information pertaining to carrying a loaded handgun in your vehicle (without a CHL), I would be most appreciative. According to the Texas Castle Law, a person may carry a loaded handgun in their car for personal protection provided the gun is not in plain view. What I am trying to discern is if I must be 21 to legally do so, or if I must be at least 18.
The code does not limit the right to persons 21 and over. Texas Penal Code Sec. 46.02
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  #3  
Old 03-05-2009, 06:30 PM
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Join Date: Apr 2008
Posts: 15
That's what I thought, but I wanted to make sure.

Anyone know if shooting ranges are okay with under 21 shooting pistols on the range if we own them?
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