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Arming a 17 year old for hd?

Discussion in 'Legal' started by bjds327, Dec 9, 2012.

  1. bjds327

    bjds327 New Member

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    So my question is can I legally give my 17 year old stepson my old 500a for a home defensive purpose? I ask this question as I work during the night and he is far more familiar with firearms and firearm safety than any other member of the house.
     
  2. Carne Frio

    Carne Frio Member

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    It's a quite common happening in Alaska.
    It would depend on your state's laws.
     
  3. bjds327

    bjds327 New Member

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    I'm in North Carolina
     
  4. BSA1

    BSA1 Senior Member

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    Since he apparently livng in the same house as you why give (as in transfer of ownership) him a gun?

    It would seem simplier just to have a habit of keeping loaded firearms in various locations of the house (if safe from unauthorized access) including in or near your son's room.

    It would neatly avoid any pesky legal issues like what kind of father would give his teenage son a gun, how much formal firearms training he has had, etc., etc. A strong case could be made that when your family or he was attack by a violent home intruder he was mature and level headed enough to step into the role of defending everyone from harm by using one of your firearms. It would be a far different picture of a immature teenager sitting in his room for hours playing violent video games with a deadly loaded shotgun sitting by his bedroom door.

    The NRA's American Rifleman magazine regularly has news articles about minors using a firearm to lawfully defend family members and themselves.
     
    Last edited: Dec 9, 2012
  5. allaroundhunter

    allaroundhunter Senior Member

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    You don't have to "give" it to him. However, if both you and your wife trust him to be mature enough to handle that responsibility (not defending himself, but knowing where and how to access a loaded firearm) then there are many options.

    The best thing to do would be to leave it loaded and locked in a quick-access long gun safe if you have one. Another option would be to leave the gun unloaded but accessible to him, and keep the shells elsewhere, but in a location that he can retrieve them on his way to the shotgun if he were to need it.
     
  6. bjds327

    bjds327 New Member

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    I should have worded that more clearly, I apologize. Not so much give him but give him ready access to it in a situation he may need it. Judging by post so far it seems this would be fine.
     
  7. Sky

    Sky Senior Member

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    If no little ones; gun (s) in closets with instructions to only handle when family shooting day, family hunt, or for defending the house and people in the house, problem solved. Many stories on the web about some very young armed person who stopped a B.G. because they knew where and how to use a firearm. If someone breaks into a home with evil in their eye all means available to defend and protect should be used IMO. I guess some think it better to surrender and plead for mercy from the perpetrator which is certainly their choice. That may be the only legal option in some places whether correct or not. We have all read of terrible things done to home owners during some break-in so as a personal choice for a loved one it would be better to try and evade and/or defend at all cost; or that's the way it should be, no? .
     
  8. krupparms

    krupparms Senior Member

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    I started my kids out shooting when they reached 7 years old. At 10 I gave them a hand gun &a 10/22 . They were still mine leagley, but they were put up in a small safe just for their guns. The key was in a place they could access. They were taught not to tell or show Anyone that they had them for security. That was a long time ago, times have changed.If you trust your 17 Year Old. Then I would go with the advice above.
     
  9. Quiet

    Quiet Senior Member

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    AFAIK (I'm not to keen on NC laws)...

    NC law prohibits the transfer of certain type of weapons to a minor (person under the age of 18), but rifles and shotguns are not prohibited. [NCGS 14-315]

    NC "safe storage" law prohibits a minor (person under the age of 18) from having access to a firearm, unless the minor has (written) permission from their parent/legal guardian. [NCGS 14-315.1]

    NC law prohibits a child (under the age of 12) from possessing a firearm. [NCGS 14-316 (a)]


    Therefore...
    It is legal for you give ownership of a shotgun to your child (needs to be older than 12).

    It is legal to store a loaded shotgun in you home and allow your child (needs to be older than 12) to have access to that shotgun, as long as that child has written permission from you stating he is allowed to have access to it. The firearm will need to be stored in such a way that only the person who has permission to access it, can access it.





    North Carolina General Statue 14-315
    (a) Sale of Weapons Other Than Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.
    (a1) Sale of Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14‑269.7, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section. This section does not apply in any of the following circumstances:
    (1) The handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
    (2) The handgun is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun except that the adult custodian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
    (3) The handgun is a devise and is distributed to a parent or guardian under G.S. 28A‑22‑7, and the minor does not take possession of the handgun except that the parent or guardian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
    (b1) Defense. – It shall be a defense to a violation of this section if all of the following conditions are met:
    (1) The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14‑402 or G.S. 14‑409.1 for transfer of the weapon to an adult.
    (2) The person reasonably believed that the minor was not a minor.
    (3) The person either:
    a. Shows that the minor produced a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing the minor's age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or
    b. Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age.

    North Carolina General Statue 14-315.1
    (a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:
    (1) Possesses it in violation of G.S. 14‑269.2(b);
    (2) Exhibits it in a public place in a careless, angry, or threatening manner;
    (3) Causes personal injury or death with it not in self defense; or
    (4) Uses it in the commission of a crime.
    (b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.
    (c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.
    (d) "Minor" as used in this section means a person under 18 years of age who is not emancipated.

    North Carolina General Statue 14-316
    (a) It shall be unlawful for any parent, guardian, or person standing in loco parentis, to knowingly permit his child under the age of 12 years to have the possession, custody or use in any manner whatever, any gun, pistol or other dangerous firearm, whether such weapon be loaded or unloaded, except when such child is under the supervision of the parent, guardian or person standing in loco parentis. It shall be unlawful for any other person to knowingly furnish such child any weapon enumerated herein. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
     
    Last edited: Dec 9, 2012
  10. smalls

    smalls Senior Member

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    More importantly, he needs training, and needs to have a complete knowledge of use of force laws in your state.
     
  11. WardenWolf

    WardenWolf member

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    Sounds like you're good to go to give him access to your firearms from a legal perspective. My father presented me with a Ruger P90 for my 17th birthday, and from age 15 on up or so, there were always .357 revolvers scattered around the house for home defense. We never had to use one, but they were there if we had to. Things didn't get more serious for home defense until I got to my mid-20s and started collecting guns of my own. After I got the Saiga 12, it sat in my bedroom loaded and ready to go. Same went for the Golani.
     
  12. wv109323

    wv109323 New Member

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    It would be illegal to "give" the gun to your son until he is 18 years old. The GCA of 1968 prohibits ownership until age 18. They can not legally buy or own a gun till then.
    Unless prohibited by NC law then he is allowed to possess a gun.
     
  13. Sam1911

    Sam1911 Moderator

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    This is incorrect.

    Federal law prohibits possession of a HANDGUN (with a few exceptions) until the owner is 18. Long gun possession by juveniles is regulated by the states, not the federal government.
     

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