A Minor with CCW License?

[K-Rod]

Something is fishy here??? The Federal laws that Navy posted clearly state: Under Federal law, a person under the age of 21 may NOT purchase from an FFL a HANDGUN or ammunition for a HANDGUN. A person between the ages of 18-20 may buy a HANDGUN from private party or be gifted. HANDGUN related or not.

Now we're talking HANDGUNS here not RIFLES. The OP said that Mr. No name Lawyer said there's no age restrictions on firearms. I believe he was talking about a rifle as in hunting rifle. I had a hunting rifle at age 10 & started hunting at 12 like most here.

I find it hard to believe anyone under the age of 18 has a CWP in any state. Even if said Police Cheif said "OK" its my understanding there's still a Federal check & a 17yr old would be denied under Federal law. Sorry but no police Chief is above Federal law as far as I know?

 

[Sam1911]

I find it hard to believe anyone under the age of 18 has a CWP in any state. Even if said Police Cheif said "OK" its my understanding there's still a Federal check & a 17yr old would be denied under Federal law. Sorry but no police Chief is above Federal law as far as I know?

Two separate issues are getting mixed up here, I think.

1) Federal law does prohibit possession of a handgun for anyone under 18. There are exceptions. Some of those exceptions may make a state CCW license/permit useful for a minor to have. (Read Zoogster's post 24.)

2) State law may put additional limits on who may possess a handgun and who may carry one. Or, state law may NOT. There is nothing that says that a state law has to be as restrictive as federal law* but state law doesn't give you a pass on following federal law. So, a state could issue a license to carry a handgun to a 12 year old (or like 3 states, not require any license for ANYONE to carry one). That doesn't mean that the under-18-year-old could legally possess such a firearm. The permit/license may be a moot point, but it could be issued anyway.

* -- An example: Federal law requires registration under Title II of the NFA for all Machine Guns. Many states have no specific law regarding machine guns. So, no registration is required by state law. An unregistered machine gun does not violate that state's laws. But it still isn't legal under federal law. ... No matter what Montana thinks about that...

 

[K-Rod]

Sam,

See I wasn't sure if a State could issue without an OK from the Federal side. I can understand what your saying but in the end, Federal trumps State correct? Said 17yr old is ok if they were to get checked by City police, State police or Sheriff, but if checked by a Federal officer, big trouble regardless if they have a State issued CWP.

Just like how those State legalized Marijuana shops are getting busted & shut down in California by the Feds because its still illegal Federally.

 

[Zoogster]

The law can be fun.




Now what if the minor is emancipated. Per federal law do they then need to write their own consent and carry it in their pocket at all times to possess say an employer's handgun in the course of employment?

 

[K-Rod]

LOL!!! Zoogster I just thought of one too. What if said 17yr old was born on Feb. 29th??? Mill that one over!! LOL

 

[Sam1911]

Sam,

See I wasn't sure if a State could issue without an OK from the Federal side.

Federal law doesn't have anything to do with whom a State issues a license to carry to. Some states do run a background check that may involve a federal NCIC check, but each state decides on their own who will (or may) be issued a license to carry and who won't. Some follow a "constitutional carry" model and require no license of any kind to carry a firearm.

I can understand what your saying but in the end, Federal trumps State correct?

Federal laws apply everywhere. Some states may decide not to enforce some of them, but that's controversial territory.

Said 17yr old is ok if they were to get checked by City police, State police or Sheriff, but if checked by a Federal officer, big trouble regardless if they have a State issued CWP.

Well, whether they are "ok" or not would depend on whether the officer interacting with them is enforcing the federal law. That often depends on the specific state's laws.

Just like how those State legalized Marijuana shops are getting busted & shut down in California by the Feds because its still illegal Federally.

Or how several states like Montana have laws on their books now which state that Federal gun control laws do not apply to firearms (if there were any) which were made in MT and have not passed out of the state. MT can say whatever they want. The BATFE is still going to enforce the federal law ... unless MT wishes to try and physically stop them. (i.e. -- Revisiting a question most thought was settled in 1865 at Appomattox, VA ... )

 

[mgkdrgn]

Here we go. Again....

18 USC 922 (b)(1) prohibits an FFL from transferring a handgun or ammunition for use in a handgun to a person under the age of 21. It does NOT prohibit a person 18 to 20 years old from purchasing or being given as a gift any handgun, semi-auto or revolver from any private party (same state resident), related or not.

18 USC 922 (x) generally prohibits persons under the age of 18 from possessing any handgun or ammunition for use in a handgun, except in certain, very limited circumstances.

Here is the link to 18 USC 922:
http://www.law.cornell.edu/uscode/text/18/922

So, tell me, how are these <18 year old persons getting around the prohibition of possessing handguns located in Federal law, 18 USC 922 (x)?

Like I said ... only longer. ;-)

 

[FIVETWOSEVEN]

Even if said Police Cheif said "OK" its my understanding there's still a Federal check & a 17yr old would be denied under Federal law.

We don't have CCW permits here in New Hampshire, we have Pistol Licenses. They are very similar but still different and they aren't federally based including backround checks.