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Old 01-27-2012, 12:00 AM
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Default Legal age to own handgun in Texas?



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I was always under the impression it was 21 until i read a comment on here by someone saying that in some states, you are allowed to own one at 18, but not buy one. So i looked it up, and there are alot of places online that are saying that at 18, you can possess a handgun or purchase one through a private sale, but not through an FFL. To make sure, i read through the entire Texas weapons law and did not find one thing in there (granted it can get a little confusing and hard to follow) that said an 18-20 y/o is not allowed to own a handgun. So i called my local police department, and the first lady who picked up didn't know, so she forwarded me to an officer who seemed a little surprised (like he hadn't ever heard of what i was talking about) and just said "no, you cannot possess a handgun until you are 21." At this point, I was pretty mad because i had gotten all excited that I was going to have a great SHTF gun hidden and locked up in my car (i have an XD back home that becomes fully mine on my 21st birthday), but was then told that it wouldn't be legal. So i go post the law and express my frustrations on facebook, and some girl brings up the Supremacy Clause in the Constitution. Touche. Didn't even remember that. So does this mean everyone online that says it's ok is wrong? And if there are federal laws that supercede Texas laws that say you have to be 21 to own a handgun, why would states bother putting these pointless laws in writing if they won't matter?
Old 01-27-2012, 03:32 AM
MarksInnerDemon MarksInnerDemon is offline
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I have had several LE get it wrong so don't turn blue holding your breath but technically yes you can posses and own on, but you can't be sold one.

THE GUN CONTROL ACT OF 1968
TITLE 18, UNITED STATE CODE, CHAPTER 44....

(b) It shall be unlawful for any licensed
importer, licensed manufacturer, licensed
dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any
individual who the licensee knows or
has reasonable cause to believe is less
than eighteen years of age, and, if the
firearm or ammunition is other than a
shotgun or rifle, or ammunition for a
shotgun or rifle, to any individual who
the licensee knows or has reasonable
cause to believe is less than twenty-one
years of age........

That said some states, which I believe is FL, and GA to name two (DO NOT QUOTE ME ON THIS I COULD BE VERY OFF) I believe allow this.

You want a good honest answer. Contact the county prosocuters office ask them the question and state that you are into compition shooting, and wanted to try your hand at compition pistol shooting. That should cut off the thoughts of "ohh god another gun crazy young adult). I never worried about it because rifles trump pistols, and folding AKs are the cats rear in a trunk.
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Old 01-27-2012, 07:56 AM
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You can possess one at 18 if it is a gift.

You cannot purchase a handgun or handgun ammunition until you are 21 though.

You cannot carry it in your vehicle or get a CHL until 21 unless you are Active Military.
Old 01-27-2012, 09:41 AM
MarksInnerDemon MarksInnerDemon is offline
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Quote:
Originally Posted by Doc_Shane View Post
You can possess one at 18 if it is a gift.

You cannot purchase a handgun or handgun ammunition until you are 21 though.

You cannot carry it in your vehicle or get a CHL until 21 unless you are Active Military.
Is that a texas thing concering driving with one? I think SC you can transport, but it has to be unloaded bla bla bla. Yet again I am not sure at all, although I am fairly ceritan it is legal in many states.
Old 01-27-2012, 03:23 PM
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Quote:
Originally Posted by MarksInnerDemon View Post
Is that a texas thing concering driving with one? I think SC you can transport, but it has to be unloaded bla bla bla. Yet again I am not sure at all, although I am fairly ceritan it is legal in many states.
If a gun is empty and locked it can generally be transported regardless. The 21 thing usually pertains to keeping the gun loaded and accessible in a vehicle. But you should always verify local laws to be sure because the defense 'I asked the internet and they told me xyz' isnt a valid excuse in court or a traffic stop

Call the local DA and ask them.

i.e. in CO we can carry rifles and shotguns in our cars if we want to but they cannot be chambered or loaded (dont have to be locked) as long as you are legally old enough to own the gun but we can keep a loaded handgun in there all we want (once again if you are of the legal age to have it in the first place)

*edit* I also think CO has the same rule where you cant buy a handgun or handgun ammo till 21 but you can own one if it was a gift but not 100% sure on that.
Old 01-27-2012, 04:43 PM
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Quote:
Originally Posted by MarksInnerDemon View Post
...

That said some states, which I believe is FL, and GA to name two (DO NOT QUOTE ME ON THIS I COULD BE VERY OFF) I believe allow this....
To be clear, no state can allow anyone under 21 to buy a handgun from a FFL, or anyone under 18 to buy a long gun from an FFL. That's federal law.

Other forms of buying/selling are controlled by the various state laws.

For example, here in TN, you can privately sell a handgun or long gun to anyone but a minor; meaning, it's legal to sell a handgun to an 18 year old in a private transaction.

Additionally, you can GIVE a handgun or long gun to a person of any age "for legal sporting purposes".

- OS
Old 01-27-2012, 07:15 PM
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The no pistol ammo kills me. What about carbines and lever guns. They are are rifles tgat shoot ” pistol ammo
Old 01-27-2012, 08:19 PM
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Originally Posted by ammit View Post
The no pistol ammo kills me. What about carbines and lever guns. They are are rifles tgat shoot ” pistol ammo
No handgun ammo means no handgun ammo, even if you use it in a carbine. <21yr and you cant buy 9mm/.45 no matter what you are putting it in
Old 01-28-2012, 11:26 AM
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In Texas you may transport a loaded firearm concealed but accessible to you in your vehicle (not on your person) without a CHL, the law was changed in 2009 to allow this, but you have to meet all the other requirements for legal possession as well.

Under 21 cannot purchase pistol ammo period regardless of what it is for (carbine, etc).

You can purchase long guns and rifles/shotgun ammo at 18 though.
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Old 01-28-2012, 11:52 AM
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In Alaska you can hunt alone at 10 years of age, Idaho 12 years, Iowa 11...

So these young hunters are in possession of a weapon without adult supervision.

I owned a gun when I was 14...(1976) I saved up and my mother was with me when I bought it

I guess OWNING and possessing are all in the eye of the beholder... Many kids "Own" a youth rifle or shotgun
Old 01-28-2012, 12:25 PM
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Texas says 21 to buy.
Old 01-28-2012, 12:27 PM
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Here in Vermont, you can own and carry at 18, to include Purchase through Private Sale or being Gifted a Pistol/Rev.
Still need to be 21 to Purchase through an FFL though. I've been carrying since 18, minus the three years spent Active Duty ofcourse. The Military Frowns on it's Members CCW or owning their own Guns. How Stupid is that?
Just a matter ot Time til' the next FT. Hood Massacre.
Old 01-28-2012, 01:29 PM
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I will give the courthouse a call on Monday. If a cop says no...well what does he know. But if the judge says no...well I would be screwed lol.
Old 01-28-2012, 01:59 PM
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Quote:
Originally Posted by Jungleboy View Post
Here in Vermont, you can own and carry at 18, to include Purchase through Private Sale or being Gifted a Pistol/Rev.
Still need to be 21 to Purchase through an FFL though. I've been carrying since 18, minus the three years spent Active Duty ofcourse. The Military Frowns on it's Members CCW or owning their own Guns. How Stupid is that?
Just a matter ot Time til' the next FT. Hood Massacre.
I can recall a friend being told to seek help because he was reading guns and ammo in the marines by our platoon sgt.Also got yelled at once for reading the same thing in the company office.The military is not very pro gun even in an Marine infantry unit.
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Old 01-28-2012, 06:22 PM
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It is my understanding that as long as you have parental consent, a minor can posses any firearm, including handguns.

You can't buy it yourself.

You can't buy ammo for it.

But if your parents "give" it to you, you can keep and use it. Just no CCW until 21.
Old 01-28-2012, 06:57 PM
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http://codes.ohio.gov/orc/2923.211

http://codes.ohio.gov/orc/2923.21

One quirk of these laws, nowhere does it say an 18-21 cannot possess.
Also, unless things have changed, there is no Ohio law against possession of ammunition by a minor.

and yes, these two laws are NOT reconciled regarding someone in the military.
Old 01-28-2012, 10:58 PM
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Back in the 70s, a young man or woman could become a Police Officer in Texas if they were 18 year of age and passed the Academy, they had to have their mommas buy them a gun and ammo for it.

I later became Chief of Police of that Department but the law had changed requiring an Officer to be at least 21 years of age. The State got tired of Mommas buying handguns for their sons and daughters that were Police Officers.

There are no CHLs for anyone under 21 years of age in Texas though.

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Old 01-29-2012, 12:14 AM
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Quote:
Originally Posted by justin10mm View Post
It is my understanding that as long as you have parental consent, a minor can posses any firearm, including handguns.

You can't buy it yourself.

You can't buy ammo for it.

But if your parents "give" it to you, you can keep and use it. Just no CCW until 21.
Again, all depends on the state laws. Federal laws only address sales through FFLs.

And again, like Texas, in TN minors may have handgun or long gun as long as it was given to them (not sold) for "lawful sporting purposes".

Though it doesn't have to be given by "parent" and the terms "own" or "possess" aren't differentiated.

You may also sell a handgun or long gun to an 18 year old in private sale.

And TN is also 21 years old for carry permit.

- OS
Old 01-29-2012, 12:22 AM
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Quote:
Originally Posted by aerbourne View Post
...... (i have an XD back home that becomes fully mine on my 21st birthday), but was then told that it wouldn't be legal. So i go post the law and express my frustrations on facebook, and some girl brings up the Supremacy Clause in the Constitution. Touche. Didn't even remember that. So does this mean everyone online that says....
If you are under 21, posting handgun information, converstations, pics, laws, etc on facebook can lead trouble. Facebook is a social media, and society is full of wackos. Go clean all that stuff out of facebook asap.

LEOs are not legal experts, they follow company policy (there is a difference). If you want legal advice, contact a lawyer.
Old 01-30-2012, 06:37 PM
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Confirmed it from the Houston division of the ATF today. You're allowed to possess, but not buy from an FFL, a handgun at the age of 18. You're also allowed to carry it around in your car. SOOOO FREAKING HAPPY
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