Can 18 Year Olds Buy Handguns in Texas Now?
A Brief Overview of Texas Gun Laws
Texas has always been known for its liberal gun laws, allowing law-abiding citizens to possess and purchase firearms with relatively few restrictions. However, in recent years, the state has seen a wave of controversy surrounding gun rights, particularly among younger adults. The question on many minds is: can an 18-year-old buy a handgun in Texas now?
The Short Answer:
No, an 18-year-old cannot buy a handgun in Texas without going through a federal background check and obtaining proper identification.
The Complexity of Texas Gun Laws:
To understand the rules surrounding handgun purchases in Texas, it’s essential to grasp the nuances of state and federal laws. Texas is an open-carry state, meaning that citizens are allowed to carry openly or concealed with a valid Concealed Handgun License (CHL). However, purchasing a handgun is a more complex process.
Texas Law:
According to Texas Penal Code §46.03, an individual must be at least 21 years old to purchase a handgun from a licensed firearms dealer. This requirement is stricter than the federal minimum age of 18, which is set by the Gun Control Act of 1968.
Federal Law:
Under federal law, individuals 18 years of age and older can legally purchase and own a long gun, such as a rifle or shotgun. However, there are specific requirements for purchasing handguns:
• Age requirement: 21 years of age and older
• Background check: Fingerprint-based check through the National Instant Criminal Background Check System (NICS)
How to Purchase a Handgun in Texas as an 18-Year-Old:
While it is currently not possible to purchase a handgun directly, there are alternative options:
• Wait until age 21: Once 21, an individual can purchase a handgun from a licensed dealer after passing a background check.
• Apply for a CHL: Individuals 18 and older can apply for a CHL, which will allow them to carry concealed. However, this still does not permit the immediate purchase of a handgun.
The Debate:
The issue of 18-year-olds purchasing handguns has sparked a heated debate, with proponents arguing that this age limit is an example of unnecessary government overreach, while opponents claim it is necessary to ensure public safety. Some argue that the legal age of adulthood is 18, as stated in the 25th Amendment to the U.S. Constitution, making it arbitrary to restrict certain rights to those 21 and older.
Support for Loosening Gun Laws:
Some experts argue that the current legal framework can be improved. For instance, a 2019 study by the Cato Institute found that states with looser gun laws tend to have lower rates of suicide and crime. Additionally, some advocates argue that mental health issues, rather than age, should be the primary consideration when determining a person’s ability to legally purchase a handgun.
Conclusion:
In Texas, an 18-year-old cannot buy a handgun without meeting the federal requirement of 21 years old and obtaining proper identification. While the debate surrounding this issue is ongoing, understanding the intricacies of Texas gun laws is crucial for law-abiding citizens looking to exercise their Second Amendment rights.
