I'm 19 and know I can't buy a handgun but I was wondering if I can have one in my truck? Does it have to be unloaded in the back or can I carry it loaded in the console?
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Another carrying without a chl question
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Originally posted by txhoghunter73 View Posthttp://www.legis.state.tx.us/tlodocs...l/HB01815F.HTM
When I brought this up to the Hays County Sherriff he told me yes it was legal, so long as you are not engaged in criminal activity. So I've been doing it since.
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I don't believe it says that anywhere in the law, paging tvc184 for his opinion. I know if it's me I'm going to promptly inform the officer that there is a loaded handgun in the console. In my opinion it's better for them to know ahead of time rather than find it later. Plus I have nothing to hide so it won't be a big deal.
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I have found nothing in TX or federal law that prohibits anyone 18 and older from possessing or owning a handgun. They cannot legally be the original purchases (like from an FFL for a handgun) but face to face is legal as long as it was not purchased originally by someone with the intent for the underage person to buy it which would be a straw purchase. In other words, the 18-20 year old can't tell his 21 year old buddy, "Here is $500. Go into that store and buy that gun for me since I can't".
Possession and original purchaser are two different legal issues in my opinion. Being the original purchaser is illegal for a handgun or handgun ammo. Possessing it if not a straw purchase is legal.
As far as the loaded versus unloaded issue, the only law that I am aware of in TX is making a readily dischargeable firearm accessible to a child. For example you leave a loaded firearm on your coffee table or in your truck console and a child is there and actually "gains control" over the firearm. In those cases it needs to be secure in some way but that can be on your person, in a console while you are monitoring it, locked away in a cabinet, etc.
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Originally posted by tvc184 View PostI have found nothing in TX or federal law that prohibits anyone 18 and older from possessing or owning a handgun. They cannot legally be the original purchases (like from an FFL for a handgun) but face to face is legal as long as it was not purchased originally by someone with the intent for the underage person to buy it which would be a straw purchase. In other words, the 18-20 year old can't tell his 21 year old buddy, "Here is $500. Go into that store and buy that gun for me since I can't".
Possession and original purchaser are two different legal issues in my opinion. Being the original purchaser is illegal for a handgun or handgun ammo. Possessing it if not a straw purchase is legal.
As far as the loaded versus unloaded issue, the only law that I am aware of in TX is making a readily dischargeable firearm accessible to a child. For example you leave a loaded firearm on your coffee table or in your truck console and a child is there and actually "gains control" over the firearm. In those cases it needs to be secure in some way but that can be on your person, in a console while you are monitoring it, locked away in a cabinet, etc.
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