Car carry for non chl holder with 20 year old?

[CC Italian]

Scenario: My fiancee is going with her little brother who is only 20 in his car (he will be driving) to south Texas to see family. She doesn't have her CHL but wants to carry her revolver with her on the trip in the glove box.

Question: If they get pulled over can my further little bro get in trouble since it is his car and is in control of the vehicle while the gun is in the glove box in front of his sister?

If you LEOs could give me some advice on this and how my FBIL should handle it if he gets pulled over by DPS!

[C-dub]

One of the legal eagles will be around shortly. IMHO, I don't think it should be a problem. I think an 18y+ individual is legally able to own or possess a gun, just not purchase one. Or maybe it's the ammo. There's something strange about that whole situation, but I think they are legal.

[CC Italian]

I know in Texas a 18 year old can buy a handgun from a personal purchase (non FFL) at least that is what I was told by an FFL but can't purchase ammo for the gun but can still have ammo gifted to him. If that is correct and makes any sense! This is what I was told.

[AEA]

One of the legal eagles will be around shortly. IMHO, I don't think it should be a problem. I think an 18y+ individual is legally able to own or possess a gun, just not purchase one. Or maybe it's the ammo. There's something strange about that whole situation, but I think they are legal.

I believe you are correct.

[srothstein]

It is not legal for your sister to carry a weapon without a CHL if it is not her car or a car in her control.

But, it is legal for the brother to carry in his car. She can loan him the revolver for the trip.

And if it is the glove box, but no CHL, there is no obligation to tell anyone about it. Obviously, i would not tell him to lie if a police officer asks if he has any guns, but he doesn't have to offer either.

Seriously, the odds of being stopped are small, depending on his driving of course. The odds of the officer asking about guns are even smaller. Some officers will ask on every stop, but most only ask if something else has their suspicions up and they are looking to search the car. I would not worry too much about it if I were them.

[gigag04]

Penal Code Ch 46.02 contains the relevant statute -

http://www.statutes.legis.state.tx.us/d ... /PE.46.htm


Also check here for more info:
http://www.handgunlaw.us/states/texas.pdf

[CC Italian]

Ok, let me see if I understand this correctly. My fiancee can't have the firearm in the glove box because she is not in control of the vehicle because she is the passenger? Is this correct?
If she was driving (even though her brother owns the vehicle) then she could have it in the glove box in front of her 20 year old brother because she is in control of the vehicle?
Also, Gigag04 is srothstein correct that my fiancees brother could drive and if pulled over by a LEO and asked if there are any weapons he could say "I have a revolver in the glove box" without getting into trouble being that he is only 20? Don't mean to call you out srothstein, I just want to make sure.

The only thing I got from the 46.02 is that the vehicle must be under your control. Is this what you were referring too?

Edit: I wish she would just get her CHL!!

[nyj]

Nothing illegal about a 20 y/o non-felon having a gun hidden in his car. If by chance they are pulled over, they are under no obligation to tell the officer.

[srothstein]

Not a problem with verifying anything I tell you. Checking on what you are told on the internet is always a good thing.

You have it correct, as I am sure Gigag04 will verify shortly. The trick to reading laws is to not read into them. The only things forbidden (in our legal system) are those that are explicitly specified in the law as forbidden.

So, when the law says a person but does not mention age, then the age of the person is irrelevant (whether 18, 20,21, or 65). In this case, the law says it is a crime to have a gun on or about your person if you are not in a car you own or under your control. The driver has the car under their control (generally, I am not sure of the way my daughter drives ). The weird part of this law is that the driver and the owner do not have to be the same person, so your sister driving your brother's car means both could have guns legally.

[Liberty]

I believe the older sister would have protections under Sec. 46.15 (b) (2) When the Motor Vehicle Protection Act kicked in the old Traveling exemption still applied.

I know, confusing as all get out.

[KRM45]

I believe the older sister would have protections under Sec. 46.15 (b) (2) When the Motor Vehicle Protection Act kicked in the old Traveling exemption still applied.

I know, confusing as all get out.

I agree with the traveling exception.

[Zoo]

It's interesting to read some of the case law on traveling.