Underage possesion of a firearm VA


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Dreamcast270mhz
January 27, 2011, 08:28 PM
I have a cousin whose night stand has a loaded Glock 17 9mm in it. He is 14. His father bought the gun for him. Is it illegal for him to shoot it on private property with his father not supervising him? (The property owner is family and doesn't care.)

He also has rifles in his room, not locked up or anything. Is it illegal for him to shoot them unsupervised on the same property?

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ColtPythonElite
January 27, 2011, 08:29 PM
Sorry, the answer should have been "No, it is not illegal"...I misread.

Dreamcast270mhz
January 27, 2011, 08:33 PM
What about supervised?

kingpin008
January 27, 2011, 09:25 PM
Well, if it's not illegal for him to shoot unsupervised, I'd imagine it's not illegal for him to shoot supervised. More supervision rarely becomes less legal than less supervision, right?

NavyLCDR
January 27, 2011, 09:34 PM
YES! IT IS ILLEGAL FOR HIM TO SHOOT IT UNSUPERVISED! Except in self defense. You need to read 18 USC 922 (x)!

Unless... he is in engaged in target practice, with the WRITTEN consent of the parents, and the written consent of the parents is in his possession.

Dreamcast270mhz
January 27, 2011, 09:36 PM
I'm getting conflicting answers, I want to know whats on VA's books

ColtPythonElite
January 27, 2011, 09:39 PM
You can search the Va code:

http://leg1.state.va.us/000/src.htm

NavyLCDR
January 27, 2011, 09:45 PM
I'm getting conflicting answers, I want to know whats on VA's books

Even if it violates Federal law?

Floppy_D
January 27, 2011, 09:49 PM
I'm getting conflicting answers,
Which is what happens on forums.

I want to know whats on VA's books
Sure. We're not lawyers, so this advice is worth what you paid for it:
Here. (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.7)

Davek1977
January 28, 2011, 03:42 AM
NavyLT pointed you in the right direction....Federal law trumps state law in this case, amking hats on the books in VA...or any other state...irrelavent in the matter

brickeyee
January 28, 2011, 05:14 PM
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-56.2

18.2-56.2. Allowing access to firearms by children; penalty.

A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor.

B. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be guilty of a Class 1 misdemeanor. For purposes of this subsection, "adult" shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.

(1991, c. 537; 1994, c. 832.)


And
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.7

18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.

This section shall not apply to:

1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and

4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.

(1993, cc. 467, 494; 2003, c. 976; 2004, c. 995.)

And federal law still preempts.

Art Eatman
January 28, 2011, 06:52 PM
From reading 922 and the VA law, a 14-year-old only needs the written permission from his parents for him to be fully legal in his shooting, solo, on the family property.

The sticky part is the part of the VA law which says, "It shall be unlawful for any person under 18 years of age to knowingly and intentionally...transport a handgun or assault firearm anywhere in the Commonwealth."

("Possess" does not apply in this circumstance.)

If the shooting property is elsewhere from the residence, an adult must be involved in moving handguns and assault firearms between them.

NavyLCDR
January 28, 2011, 08:04 PM
and that complies with the Federal law, too, so long as the minor is in actual physical possession of the written permission of the parents.

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