Can I have a pistol

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  #46  
Old 09-16-2009 | 10:12 PM
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From: McAllen
Originally Posted by Gurt
You first.

Fine, carry it. Is that what you wanna hear. I wanted to make sure I was giving you the right information before I said yes. To tell you the truth it's a real touchy subject. You might get arrested you might not. But, I'm still trying to get the facts straight. I know what chapter 46 says, I graduated from the academy not even a year ago. I was going to look over the Government Code and case law to make sure you're in the clear. Have I ever made an arrest for such offense, no. I still suggest you call DPS to clarify if you can't or can. They work a lot more traffic stops then anyone else they'd have the best info for you.
 
  #47  
Old 09-16-2009 | 10:17 PM
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Originally Posted by bald1
I take it you are a you guy, so if don't have what it takes to take someone's life, leave it home because they could use it on you. Besides whats wrong with your hands? learn to use them..........
never bring a knife to a gun fight...

I hope and pray that the gun will never have to get pulled from the lock box...
 
  #48  
Old 09-16-2009 | 10:34 PM
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Alright Gurt, I'm going to say legal.
 
  #49  
Old 09-16-2009 | 10:38 PM
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Originally Posted by ddgarcia05
Alright Gurt, I'm going to say legal.
Yes legal. As per Texas Penal Code Chapter 46. Sections 46.02 and 46.06
 
  #50  
Old 09-16-2009 | 10:39 PM
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Originally Posted by ddgarcia05
Alright Gurt, I'm going to say legal.
Originally Posted by Oxlander
Yes legal. As per Texas Penal Code 46.
 
  #51  
Old 09-16-2009 | 10:46 PM
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Gurt, you know you are on thin ice to start with. No more insults will be tolerated.

That goes for others as well. State you opinions but keep personal darts out. It is not necessary to cut someone to build yourself up.
 
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  #52  
Old 09-17-2009 | 08:41 AM
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Originally Posted by Micheal
Basically to answer your question. No, you can not carry it legally unless you have a consealed license. Get your consealed license it will teach you alot that you dont know and it will make it legal.

Sorry for offering my mislead information. I guess my local police department is not sure themselves. I went to them a handful of years ago and they gave me the info that I provided. Next time I will do some more research.:o
 
  #53  
Old 09-17-2009 | 09:28 AM
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Why do you feel the need to carry your father's gun in your truck anyway? I do not see the point. You do not need to carry it unless you are planning to use it. Are there a lot of car-jackings around you?
 
  #54  
Old 09-17-2009 | 10:44 AM
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http://www.law.cornell.edu/uscode/18...2----000-.html

Federal Law. I suggest some of you read it, as it seems some of you suspect Texas law supersedes Federal Law.

I'll clarify in short for you, if you are not 21, in any state you CANNOT posses a handgun

If you are not 21, you may not purchase, sell, inherit, etc, a handgun, it is a simple as that. For no reason what-so-ever should you have possession of a handgun under 21 other than someone who is 21 allowing you to use it for the purposes defined in the below code.

FYI: Despite Texas code allowing a juvenile to use or posses a firearm, Federal law does not. And if you haven't learned by now from California and their marijuana laws, no state is going to override a federal law. Good luck. Keep the weapon with daddy.


(1) the transferee submits to the transferor a sworn statement in the following form:
“Subject to penalties provided by law, I swear that, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age; that I am not prohibited by the provisions of chapter 44 of title 18, United States Code, from receiving a firearm in interstate or foreign commerce; and that my receipt of this firearm will not be in violation of any statute of the State and published ordinance applicable to the locality in which I reside. Further, the true title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered are XXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXX
Signature XXXXXXXXX Date XXXX.”
(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;
(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; and
(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors. Paragraph (4) of this subsection shall not apply to a sale or delivery to any research organization designated by the Attorney General.
[(v) , (w) Repealed. Pub. L. 103–322, title XI, § 110105(2), Sept. 13, 1994, 108 Stat. 2000.]
(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
(6)
(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce subparagraph (A).
(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.
 

Last edited by MoshNet; 09-17-2009 at 11:08 AM.
  #55  
Old 09-17-2009 | 10:59 AM
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From: Huntsville/Cypress, TX
Originally Posted by bald1
I take it you are a you guy, so if don't have what it takes to take someone's life, leave it home because they could use it on you. Besides whats wrong with your hands? learn to use them..........
You obviously don't live in Texas
 
  #56  
Old 09-17-2009 | 11:46 AM
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From: Scottsdale, Arizona
Originally Posted by Norm
Why do you feel the need to carry your father's gun in your truck anyway? I do not see the point. You do not need to carry it unless you are planning to use it. Are there a lot of car-jackings around you?
Because its his right as an American Citizen granted to him in the 2nd Amendment of the Bill of Rights of our Constitution?

And it is his gun. Given to him as a gift.
 
  #57  
Old 09-17-2009 | 12:10 PM
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Originally Posted by MoshNet
http://www.law.cornell.edu/uscode/18...2----000-.html

Federal Law. I suggest some of you read it, as it seems some of you suspect Texas law supersedes Federal Law.

I'll clarify in short for you, if you are not 21, in any state you CANNOT posses a handgun

If you are not 21, you may not purchase, sell, inherit, etc, a handgun, it is a simple as that. For no reason what-so-ever should you have possession of a handgun under 21 other than someone who is 21 allowing you to use it for the purposes defined in the below code.

FYI: Despite Texas code allowing a juvenile to use or posses a firearm, Federal law does not. And if you haven't learned by now from California and their marijuana laws, no state is going to override a federal law. Good luck. Keep the weapon with daddy.
Please bold in those passages where it states that a 18-20 year old may not carry a handgun in their vehicle. Those laws state that unless over 21 you cant purchase a handgun or have someone PURCHASE it for you. It was a gift. And the first one is if you are transfering it to someone elses name. It is not in my name. It says a juvenile may not carry a handgun. Being 18 I am no longer a juvenile.
 
  #58  
Old 09-17-2009 | 12:15 PM
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From: Seabrook,NH
Originally Posted by Sundevil2188
Because its his right as an American Citizen granted to him in the 2nd Amendment of the Bill of Rights of our Constitution?
A right I fully understand and defend but that wasn't the point of my question.
Originally Posted by Sundevil2188
And it is his gun. Given to him as a gift.
No, it is still his father's gun as it is still registered to his father as he said himself a couple times.
 
  #59  
Old 09-17-2009 | 12:20 PM
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Originally Posted by Norm
A right I fully understand and defend but that wasn't the point of my question.

No, it is still his father's gun as it is still registered to his father as he said himself a couple times.
Its a GIFT. I like guns and have many of them. Being that I am only 18 I cant go out and purchase a handgun myself. So for christmas my dad got me a XDm .40. Ive shot it many times out at the range but now that I am at college and plan on going on long road trips I would like to have a piece of mind with me. Im very comfortable with it and have put MANY rounds through it.
 
  #60  
Old 09-17-2009 | 12:22 PM
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Originally Posted by Norm
Why do you feel the need to carry your father's gun in your truck anyway? I do not see the point. You do not need to carry it unless you are planning to use it. Are there a lot of car-jackings around you?
No law abiding gun holder "plans" to use a gun. That would be premeditated and wouldnt be in self defense. I hope I dont have to use it. But if the time comes that I need to it will be there.
 


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