Loaning Rifles to Juniors (Families)


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Soupy44
December 21, 2008, 11:10 PM
I'm looking for help in building an argument that a) it is legal for our gun club to loan rifles to members of our junior program, and b) it is not a large insurance risk. B is not so difficult for us if we loan the rifles to club members, but the bulk of our junior program families are not club members.

I really need specifics concerning legal issues and insurance risks for this argument. I personally don't have the legal background to even know where to start my research. If anyone can point me in the right direction for that as well, I would really appreciate it.

I had to buy a safe to store the rifles at my house to transport them to practices and matches. I'm a college student and the extra time (and gas money) that I could save, not to mention the hassle, is very valuable to me. It would also mean my juniors could go to matches on their own, not just the ones I schedule for them and attend or compete in myself. We just had our JO qualifier and we will be working out the logistics if one of my juniors qualifies to go to the OTC as it would be difficult for a club representative to accompany the rifle to that match.

Thank you in advance for anything you are able to tell me.

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everallm
December 22, 2008, 08:38 AM
State laws will directly impact you, which state?

The ATF talks to controls around OWNERSHIP of pistols by juveniles not loan/usage.

(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)? [Back]

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[18 U.S.C. 922(x)]


Juveniles, as juveniles are not on the list of prohibited persons

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]

Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence

(10) Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

[18 U.S.C. 922(g) and (n), 27 CFR 478.32]

In general I would imagine that at the minimum you should get a general permission and release form signed by the parent or guardian.

Contact the NRA or NRA-ILA directly they will have a lot of free info and advice on youth training programs, discounted insurance programs etc.

mp510
December 22, 2008, 10:54 AM
When I was young, I participated in a JR Rifle Program that loaned out rifles (and other gear) to participants. They signed the rifles out to the parents, since as adults they were responsible for them. The club kept track of who had what gun (name, address, etc...) and also (I believe) had a release of liability in their too. They also loaned out a hardside rifle case and trigger lock with the guns as well.

Soupy44
December 22, 2008, 03:38 PM
I forgot to add, our procedure for being loaned a rifle (.22) would include:

1) The participant being loaned the rifle and one parent must complete the NRA Home Firearms Safety Course along with our club's supplement which details our state's firearms laws.

2) The parents must show legal ability to own a firearms through CCW Permit, Pistol Purchase Permit, or a letter from the Sheriff.

I'm sure this would be in addition to some legal document. Something along the lines of our club retains ownership of the rifle, but the family is responsible for it's safe handling, use, and transportation.

Thanks for the info. Anyone who can add more, please do.

Bozo
December 22, 2008, 05:11 PM
You need the advice of an attorney. Otherwise you might find yourself in some situations you would prefer not to be in.

Soupy44
December 22, 2008, 11:18 PM
I would love the advice of an attorney, however I am a college student. I ask in all seriousness, if there are any lawyers out there willing to do some research for me on this (for free), I would very much appreciate it. Even if you are able to point me at a database in which I can go over cases or laws concerning this, please let me know. Thanks again everyone.

TexasRifleman
December 22, 2008, 11:24 PM
What state? There are likely many more state laws than Federal on this subject.

mljdeckard
December 22, 2008, 11:50 PM
We really do need to know the state, it can make a big difference. For example, here in Utah, a very gun friendly state, it is a requirement that any person under the age of 14 carrying a rifle must have written permission from the parent on their person when they are using it. The silly thing, this is still the law, EVEN IF THE PARENT/GUARDIAN/OWNER IS STANDING NEXT TO THEM, there is no exception.

jfh
December 23, 2008, 08:14 AM
Soupy44: Contact the NRA-specifically the (Junior) Markmanship Division.

I used to be a "Director of Marksmanship" at a Summer Camp, and they had lots of good support.

You need advice from somebody well-acquainted with the legal / insurance needs for Junior shooting.

That's the place to start.

Jim H.

Master Blaster
December 23, 2008, 09:45 AM
Check with the club's insurance carrier, and with the loacl laws in your state.

Soupy44
December 23, 2008, 12:46 PM
I'm in North Carolina and have some strong connections at the NRA as my mom is on the BOD. I'll give a few people up at NRA a call after the holidays. I didn't think to call ILA. Thanks again everyone.

TexasRifleman
December 23, 2008, 01:06 PM
North Carolina Firearm law:

http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

A few pieces:

North Carolina law does not currently address specific age requirements for the
purchase of weapons. Rather, it looks to the federal standards for such restrictions. Under
federal law, 18 U.S.C. 922(b)(1), federally licensed gun dealers are prohibited from selling
handguns to persons under the age of 21. Further, all other purchasers of shotguns and
rifles are required to be at least 18 years of age.


North Carolina General Statute 14-269.7 provides that it is a misdemeanor for any
person under the age of 18 to possess or carry a handgun.

Under N.C.G.S. 14-316, a guardian or parent of a child under the age of 12 may not
allow such child to have possession, custody, or the use of any gun, pistol, or dangerous
firearm, except under the parent’s or guardian's direct supervision. Air rifles, air pistols,
and BB guns shall not be deemed "dangerous firearms" within the meaning of this statute
except in: Anson, Caldwell, Caswell, Chowan, Cleveland, Cumberland, Durham, Forsyth,
Gaston, Harnett, Haywood, Mecklenburg, Stanly, Stokes, Surry, Union and Vance
Counties.


So, not being a lawyer and all that, it appears that anyone over 12 can have a long gun in their possession with parental permission but not a handgun until 18.

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