Missouri Lawakers Override Governors Veto

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tacticool
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Re: Missouri Lawakers Override Governors Veto

#31

Post by tacticool »

Keith B wrote:
victory wrote:What law prohibits a licensed driver under 17 from carrying under MPA?
Actually, sorry. it's under 18
Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
...
(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;
And if you keep reading 46.06, you see "(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent."

Absent parental consent, the person providing the firearm would be committing an offense. However, the 16 or 17 year old driver would not be committing an offense. So it seems parents can give (but not sell, without written permission :lol: ) a firearm to their child without violating Texas law, as long as the firearm isn't loaded when the child gets it. (46.13)

Interestingly, without written parental consent, it looks like a store clerk selling a 6" kitchen knife to a 17 year old is breaking the law. I feel safer already. :roll:
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Re: Missouri Lawakers Override Governors Veto

#32

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Keith B wrote:
Jim Beaux wrote:I have conflicting opinions. I support constitutional carry, but find justification in limiting carry rights for 18 -21 year old civilians. This age group is transitioning from being kids confined by high school rules to becoming young adults adjusting to new rules....and oftentimes their path has big potholes. Statistics show that this age group poses more risk to itself and others, more criminal behavior and more danger on the roadways.

The average 18 - 21 year old young man thinks he is 7 foot tall and bullet proof. His logic is diminished by testosterone, which is the root cause for more deaths then can be quantified. (Richard Pryor said it best, It's amazing the places a man with passion on his mind will go where he wouldnt with a loaded gun.) :lol:

I do support carry rights for GI's in this age group. On average they are more capable as the military experience nurtures maturity, wisdom, responsible behavior and weapons safety. (Of course, I never grew up. I just got too old to misbehave anymore)
I know tons of 21 year old college kids that are not near as mature as some 18 year olds coming out of high school. That age change is not gonna make any difference IMO.

An exception is not the rule.


College administrators will tell you there is a big difference between the typical 18 year old freshmen and 21 year old juniors.
The Growth and Development of College Students

Page 135

One of the most dynamic periods of psychological growth occurs during the
college years.
In this period, young adults begin to integrate their identity, enhance
their intellectual development, and internalize a personal set of beliefs and values.
As people mature, they change. Sanford defined change as “a system that is altered
from a previous state.”5
Two forms of change take place as a person matures. The first is growth, which
Sanford described as an expansion of the personality by addition of parts or expansion
of existing parts. The second is development, defined as the process of organizing
with increasing complexity. Both forms—growth and development—occur simultaneously
throughout a person’s life.
The Growth and Development of College Students

Page 138

Seven Vectors of Development

Generally developments #1 - #4 below occur during the freshman & sophomore years, (age 18 - 19).
Typically development #5 occurs during the span of the sophomore/junior years (age 19 - 21).
Developments #6 - #7 occurring from junior year to age 24+.

1. Developing competence
2. Managing emotions
3. Moving through autonomy toward interdependence
4. Developing mature interpersonal relationships

5. Establishing identity

6. Developing purpose
7. Developing integrity
http://www.kendallhunt.com/uploadedFile ... ing_7e.pdf
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Re: Missouri Lawakers Override Governors Veto

#33

Post by mojo84 »

I would put my 18 year old son up against any 21 year old out there when it comes to level headedness. However, I know quite a few of his contemporariea that I wouldn't put up against my 12 year old daughter.

It's a tough situation. I don't want my son punished or denied because of others. I also don't know that I want all to be able to carry at 18 or younger.

I wish my son could at least keep his gun with him on his college campus or at least in his car.
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Re: Missouri Lawakers Override Governors Veto

#34

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I agree fully with Anygunanywhere on the age limit for carrying a concealed firearm. It should not exist at all. If it has to be anywhere, 18 is the only place it should be in the current system, with those certain 16/17 year olds that leave their families early the exception. We have already allowed the State to control every aspect of our daily lives to include the "right to be". We exist at the pleasure of the State. There should be no age limit at all on Self Defense. Until the Constitution is restored and the State is chained securely by its bounds, we are all just marking time enjoying our own personal illusions of "State Approved" Liberty.
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Re: Missouri Lawakers Override Governors Veto

#35

Post by Jumping Frog »

tacticool wrote:
Keith B wrote:
victory wrote:What law prohibits a licensed driver under 17 from carrying under MPA?
Actually, sorry. it's under 18
Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS.
And if you keep reading 46.06, you see "(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent."

Absent parental consent, the person providing the firearm would be committing an offense. However, the 16 or 17 year old driver would not be committing an offense. So it seems parents can give (but not sell, without written permission :lol: ) a firearm to their child without violating Texas law, as long as the firearm isn't loaded when the child gets it. (46.13)
Keith, when your initial thought was age 17, I believe you were thinking of PC §46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. I can let a 17 year-old have access to a loaded handgun. Under age 17 is a Class C unless certain affirmative defenses to prosecution apply. :tiphat:
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Re: Missouri Lawakers Override Governors Veto

#36

Post by Keith B »

Jumping Frog wrote:
tacticool wrote:
Keith B wrote:
victory wrote:What law prohibits a licensed driver under 17 from carrying under MPA?
Actually, sorry. it's under 18
Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS.
And if you keep reading 46.06, you see "(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent."

Absent parental consent, the person providing the firearm would be committing an offense. However, the 16 or 17 year old driver would not be committing an offense. So it seems parents can give (but not sell, without written permission :lol: ) a firearm to their child without violating Texas law, as long as the firearm isn't loaded when the child gets it. (46.13)
Keith, when your initial thought was age 17, I believe you were thinking of PC §46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. I can let a 17 year-old have access to a loaded handgun. Under age 17 is a Class C unless certain affirmative defenses to prosecution apply. :tiphat:
Yes, I was thinking of 46.13. But then remembered 46.06, but missed (c). I believe with the exemption in 46.06(c), then it is back to 46.13.
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Re: Missouri Lawakers Override Governors Veto

#37

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I'm sorry but children, and teenagers are definitely children regardless of how much of an exception everyone thinks their own child(ren) is/are. I have two genius daughters who are brilliant and perfect. I would not have let them carry when they were 15/16 because as superior as they were to anyone else's average child they still were not ready for that responsibility. Neither are anyone else's less superior teenagers.
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Re: Missouri Lawakers Override Governors Veto

#38

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LDB415 wrote:I'm sorry but children, and teenagers are definitely children regardless of how much of an exception everyone thinks their own child(ren) is/are. I have two genius daughters who are brilliant and perfect. I would not have let them carry when they were 15/16 because as superior as they were to anyone else's average child they still were not ready for that responsibility. Neither are anyone else's less superior teenagers.
And that's your children and your choice. At 19 I was a police officer and carried almost all the time, on and off duty.
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Re: Missouri Lawakers Override Governors Veto

#39

Post by mojo84 »

I'm interested to see how this works out in Missouri. Maybe good results will influence other states.

I also don't think of trained military personnel as "children" regardless of age.
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Re: Missouri Lawakers Override Governors Veto

#40

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LDB415 wrote:I'm sorry but children, and teenagers are definitely children regardless of how much of an exception everyone thinks their own child(ren) is/are. I have two genius daughters who are brilliant and perfect. I would not have let them carry when they were 15/16 because as superior as they were to anyone else's average child they still were not ready for that responsibility. Neither are anyone else's less superior teenagers.
But that is your decision about your daughter. My own son has been shooting since he was 5 or 6 years old. He has been working on guns since he was 18, which is also the age at which he made his own firearms purchase....a Mossberg riot gun. I gave him his first pistol at age 18, but he had been shooting mine for years. He had his first AR at age 19.....which he built, by the way. He was already married at 22, and is a father today at 24. Today, he works at a Class III gun dealer where he works on everything from .22 caliber Chipmunks to antique buffalo rifles to select-fire suppressed SBRs.

He has understood from day 1 that, while guns are fun, they CAN and WILL kill somebody if they are misused. Since he was an infant, he has seen two cherished pictures of my dad dandling him at 4 month old on his knee, 4 months before my dad died of cancer.....and he has even cried about it as a young boy, wishing that he had known his "Grampa Dave"......and he has understood from an early age that death takes people away from their loved ones (perhaps permanently, if they have not put their faith in eternal things)....and that stupidity with a firearm can cause that grief in someone's life.

When he turned 18, he asked me if it would be OK if he kept his shotgun in the trunk of his car. Other than a "rules of living under my roof" thing, he didn't need my permission, because he already had the legal right. He asked, because even at "only" 18, there are larger considerations than the merely legal ones. Because he was mature enough to ask, I judged that he was mature enough for me to say "yes". Sometime around that time, he similarly asked about having his handgun in the car. I told him that, regardless of what the law says in the matter (or does NOT say, which is equally as important), the same cop who might not be too concerned about finding a shotgun in the trunk of his car might be far less understanding about finding a handgun in the glovebox. He would be out $400 in the unlikely event that the shotgun was confiscated, but he'd be out almost a grand over the price of a Kimber 1911 that would almost certainly be confiscated.....was that worth the risk to him? He's never been rousted by the cops, and he's only ever had one warning ticket as a teenaged driver, but that scenario was a distinct possibility if pulled over. He decided on his own not to carry his pistol in his car......EVEN THOUGH he had the legal right to do so. In other words, he was mature enough to make the right decision on his own, without having to be TOLD what to do. I say "right decision" meaning the "common sense decision".

We never needed the state to tell us what was right and what was wrong. IN FACT, a large part of our discussions were focused on how my son and I should navigate the roadblocks put up by the state between us and the full expression of our rights.......and not so much on the morality or ethics involved in the exercise of those rights themselves. I wasn't concerned about what he might do. I was concerned about what might happen to him. He ALREADY knew that theft, murder, rape, and assault are wrong, he didn't need to be told that doing those things with a gun is what makes them wrong. We began with the premise that he has a right and he should exercise it, and we considered only the consequences of navigating the infringements upon his rights. EVEN IF one wants to tie that right to militia definitions rather than as a universal right, then my son's right—which shall not be infringed—begins at age 17, not at 18 or 21. But we all know that our right is not restricted to only the able-bodied men, at least 17 and under 45 years old (10 U.S. Code § 311 - Militia: composition and classes). The Constitution itself does not place age limits upon the applicability of the Bill of Rights, thus the 2nd amendment is not restricted to members of the organized militia, and thus any laws which place limits on those rights are de facto infringements.

There is a fundamental principle at work here, one which we all use when we talk about possible legislation to restrict magazine capacity, or universal registration, or limits on the personal ownership of firearms. We argue.....RIGHTLY.....that these restrictions punish the law-abiding and are ignored by the criminally-minded. Well, what about the law-abiding "minor" who shows good judgement? Should he or she have his or her rights infringed because some other minor did not?

LDB415, I mean no disrespect to either you or your wonderful daughters, but I submit that you are making a PARENTING decision, concerning you and your family........and that is how it should be. But your parenting decisions have no place in rearing or controlling the behavior of my children, anymore than I have any business telling you how to rear yours. My son amply proved that he had the maturity to handle firearms at an early age. As I've already stated, my concern wasn't whether he was mature enough to have a pistol in his car at age 18, it was about what police might do to him for being so brazen as to exercise his legal right to have that gun in his car. That is why I advised him not to.

I'm not saying that you raised yours wrong. I AM saying that we raised ours differently, and I think that this difference in how we raised them is at the core of whether or not we think they are mature and responsible enough to be trusted in public with a firearm. I've trusted him implicitly with guns for years.....in no small part because he values and pays heed to my advice about them. Now he is old enough and independent enough to make his own decisions without having to consult me.....and yet, he still does on occasion.

The Christmas before my son's 21st birthday in January, I gave both him and his then-fiancé (now wife) their CHL class for a Christmas gift. Now they both carry daily, and have ever since they got their plastic.

I just think that this is a paradigm shift that some people are not going to get past, and others are. For my son and me, guns and shooting were always a father/son thing, just like fishing or other activities. We didn't bond over AYSO soccer or Pop Warner football. We bonded over range trips and fishing trips. Maybe you did or didn't with your kids, but whatever the case, you never developed that confidence in your child's judgement that I have in mine........but does that mean that my son's rights should be curtailed because of your lack of confidence in your own daughter' stability to exercise good judgement with a gun?

I very strongly disagree with you.
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Re: Missouri Lawakers Override Governors Veto

#41

Post by LDB415 »

I understand other's opinions. It is a very tough thing. My girls were certainly smart enough and mature enough mentally for the task but they were not ready emotionally in the event of shooting someone. Nor would most teenagers be ready. Yes, there are 19 year olds who are police and military. Presumably, and hopefully, their training prepared them as well as assessing them for the readiness required. Yes, I know there are exceptions. I have two exceptional girls myself. But as a rule, and the majority of teens are the rule, teens are not ready.
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Re: Missouri Lawakers Override Governors Veto

#42

Post by The Annoyed Man »

LDB415 wrote:I understand other's opinions. It is a very tough thing. My girls were certainly smart enough and mature enough mentally for the task but they were not ready emotionally in the event of shooting someone. Nor would most teenagers be ready. Yes, there are 19 year olds who are police and military. Presumably, and hopefully, their training prepared them as well as assessing them for the readiness required. Yes, I know there are exceptions. I have two exceptional girls myself. But as a rule, and the majority of teens are the rule, teens are not ready.
But if you argue that the law should be informed by your viewpoint rather than mine, you lose nothing, but my family does. We lose the right to make parenting decisions that are in line with how we raise our children.

You say your opinion comes out of a concern for the emotional well being of a teenager involved in a shooting. I don't worry about teen predators. They are what they are. They are broken toys, long before they ever kill another human being. So let's examine the emotional consequences of teens involved in purely self-defense shootings. Is this just your opinion, or can you cite me any actual research data which shows that teenagers suffer greater emotional trauma than adults do, after having been involved in a legitimate use of deadly force in self-defense?

And I am not denying that some people experience emotional trauma than others from such an event. I'm only questioning whether a 17 year old is more likely to suffer at all, or to suffer more greatly, than a 24 year old in the same situation. Because if the answer is "no", then we have to apply your logic to 24 year olds and also deny them the right to carry.

Do you have the data to back up your assertion? I'm not trying to be a smart-aleck. I'm open to facts which disprove my view......if they are facts. Otherwise, we are talking about interjecting our feelings into a discussion about whether or not we should limit someone else's freedoms; and that is usually the domain of lint-brained lefties. I'm not calling you that, but I am suggesting that, absent any data to answer my question above, that you might want to do a self-check to determine if your reaction to the topic is emotionally based or not.

If it is emotionally based, that's fine......it's allowed......but then I have a firmer foundation on which to base my understanding for why you would want to restrict my son's rights, even though he had committed no crime.
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Re: Missouri Lawakers Override Governors Veto

#43

Post by mojo84 »

Is it more beneficial to allow a teenager a tool used to "protect" himself or herself from physical danger or try to "protect" a teenager from "emotional" damage that may result from protecting themselves with the tool?
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Re: Missouri Lawakers Override Governors Veto

#44

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The only thing I know is that the brain develops slowly and no matter how much we all think our own children are exceptional they are also children until sometime in their 20's when their brain finally finishes 'percolating'. What I don't know but highly suspect is that everyone speaking about their exceptional child who should have every right and privilege knows many other children of many other parents who are not nearly as exceptional as their own child. They know that while their exceptional child need not be worried about at all with the HEAVY responsibility imposed by the burden of carrying a firearm, the other definitely less exceptional children could and would be a worry being armed in proximity to their exceptional child.

I'm not suggesting restricting anyone else's children, only stating a reasonable reason for concern about those possibly exceptional children carrying around my actually exceptional children.
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Re: Missouri Lawakers Override Governors Veto

#45

Post by Keith B »

LDB415 wrote:The only thing I know is that the brain develops slowly and no matter how much we all think our own children are exceptional they are also children until sometime in their 20's when their brain finally finishes 'percolating'. What I don't know but highly suspect is that everyone speaking about their exceptional child who should have every right and privilege knows many other children of many other parents who are not nearly as exceptional as their own child. They know that while their exceptional child need not be worried about at all with the HEAVY responsibility imposed by the burden of carrying a firearm, the other definitely less exceptional children could and would be a worry being armed in proximity to their exceptional child.

I'm not suggesting restricting anyone else's children, only stating a reasonable reason for concern about those possibly exceptional children carrying around my actually exceptional children.
And I know several 45 year olds whose brains never have 'percolated'. We allow 18 year olds in the military to get a license in Texas as well. Just because a person is in the military doesn't make them any more ready to carry a gun than many who are not in the military. Many kids who go in have never handled a gun at all, and a ton of kids their age that don't enlist have been shooting and/or hunting since they could hold a youth rifle or shotgun. Any maturity difference between a 19 year old and 21 year old across the population is going to be minimal at best.
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