Castle Doctrine

[Painter99]

Hey Guys, I hope I'm not opening a thread that's been talked about a bunch. However I was wondering at what age the castle doctrine comes into effect. I did a quick forum search and didn't find my answer, so I hope this hasn't been discussed at length and i missed it. My son is almost 17 and I was wondering if he could have a pistol in the truck legally. Obviously I understand it couldn't be removed from the vehicle. I have read the forums discussing the "castle doctrine" and "chl" on public school campus's. So i guess my question is two-fold. Can he legally carry a weapon in his vehicle concealed? Can he park on public school property with that weapon in the vehicle? This isn't an attempt for my son to be the cool guy with a gun in his truck, I was just wondering what our rights were. Thanks Bryan

[rbwhatever1]

I researched this extensively several years ago and 18 was the age my kids were "loaned" a handgun to carry in their vehicles under the Motorists Protection Act. Their are no age restrictions under the "Castle Doctrine" to defend a home with a handgun. These are two very different things. Your post title was Castle Doctrine and your question falls under the Motorist Protection Act which specifies no age restrictions, but does state anyone "Prohibited by Law" cannot carry under the MPA. Others here may have a better understanding of the tangled Laws.

Your are restricted under Sec 46.06 from giving a handgun to anyone 17 or below.

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (1) "Child" means a person younger than 17 years of age.

http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

Motorist Protection Act:
http://www.capitol.state.tx.us/tlodocs/ ... 01815F.htm" onclick="window.open(this.href);return false;

[n5wd]

Rbwhatever has the straight dope. While someone must be 21 to purchase a handgun (and that's a federal restriction), it's clear the law, in Texas at least, considers them an adult for the purposes of possessing or using a handgun, such as they would be doing under the Motorist Protection Act. That assumes they are also following the other parts of the MPA: not engaged in a criminal activity, etc.

[The Annoyed Man]

The law may be clear about the age of possession in a vehicle for your son, but local LEO understanding of the law may not be so clear. My son and I had this same conversation when he was 18. We got around the issue by him buying a tactical shotgun of his own, and keeping that in the trunk of his car instead of having a handgun within reach inside of the car—perhaps not optimum, but better than nothing.

BTW, he drove a white late model Crown Vic P71 Interceptor at the time, black grill, pillar-mounted spotlight, and all. Nobody really ever messed with him on the street.

[nightmare]

Hey Guys, I hope I'm not opening a thread that's been talked about a bunch. However I was wondering at what age the castle doctrine comes into effect.

There is no age limit. An eight year old boy who does a "Home Alone" on burglars could presumably use a defense based on Texas castle doctrine if some DA was politically suicidal enough to go after a juvenile who defended themselves from criminals breaking into the family home.

[Crossfire]

Your son can legally possess a firearm when he turns 17.

A legally possessed firearm can be carried in the vehicle under the Texas Motorist Protection Act.

Federal law says he cannot have a firearm within 1000 feet of a school. There are a few exceptions. One of those is a concealed handgun license issued by the state in which the school district is located.

He can get a CHL at 18 (if in the active duty or honorably discharged military), or 21 if not in the military.

There is no exception that would allow him to have it in the school parking lot.

[JSThane]

The law may be clear about the age of possession in a vehicle for your son, but local LEO understanding of the law may not be so clear. My son and I had this same conversation when he was 18. We got around the issue by him buying a tactical shotgun of his own, and keeping that in the trunk of his car instead of having a handgun within reach inside of the car—perhaps not optimum, but better than nothing.

BTW, he drove a white late model Crown Vic P71 Interceptor at the time, black grill, pillar-mounted spotlight, and all. Nobody really ever messed with him on the street.

I haven't been a teenager for years, and I still want one of those CV P71s. I'd just pull off the highway near a bush, and watch traffic....

[WildBill]

The law may be clear about the age of possession in a vehicle for your son, but local LEO understanding of the law may not be so clear. My son and I had this same conversation when he was 18. We got around the issue by him buying a tactical shotgun of his own, and keeping that in the trunk of his car instead of having a handgun within reach inside of the car—perhaps not optimum, but better than nothing.

BTW, he drove a white late model Crown Vic P71 Interceptor at the time, black grill, pillar-mounted spotlight, and all. Nobody really ever messed with him on the street.

I haven't been a teenager for years, and I still want one of those CV P71s. I'd just pull off the highway near a bush, and watch traffic....