minor "owning"

[whm1974]

Ok Me and a guy at work was talking about an 11 y/o kid who brought a gun to school and whose mother is also a teacher at the same school.

The newspaper quoted the mother as saying "They are his guns, he has the right to do what he wants with them".

To make a long story short we started on weither minors can legally "own" guns or not. He said no, I said yes with parents permisson. so who is right? He then told me that I said a minor can buy guns, but I didn't say that.

-Bill

 

[halfgone]

well I can't say for sure in all states (who of us can, oh right. I'm sure there are a few here who actually CAN), but in IL a minor cannot buy a gun but he can own/transport a gun. all you need is a FOID card here (Firearms Owner ID) and he can go in and buy ammo and the like. So, the kid's mom likely bought the guns and gave them as a gift.

Now, if your question relates to whether or not the child will be held solely responsible for any actions surrounding said weapon, well I do believe that is a different question.

HG.

 

[Phantom Warrior]

Ummmm, usually it is very much against the law for minors to "own" or posess firearms w/o adult supervision. There are plenty of laws about not leaving your guns accessible to minors.

I'm not sure how I feel about the concept of an 11-year old owning a deadly weapon. I'm not sure they have the maturity for that yet. I do know that it is probably illegal and "they are his guns" likely won't stand up in court.

 

[whm1974]

I thought so. The guy I was agruing probley thought I said buy intead of "owning" or "processing" a firearm.

So any restrictions on what firearms a minor can "own" or "process". i.e. can a parent give as gift a handgun to his kid?

Granted laws may change since then, but I had friends back HS who had handguns given to them by thier parents.

Now, if your question relates to whether or not the child will be held solely responsible for any actions surrounding said weapon, well I do believe that is a different question.

I would think that at least his mother will lose her job... Geeze my mother would have beat the crap out of me if I brought a gun to school...

-Bill

 

[whm1974]

I'm not sure how I feel about the concept of an 11-year old owning a deadly weapon. I'm not sure they have the maturity for that yet. I do know that it is probably illegal and "they are his guns" likely won't stand up in court.

I would say it depends on the kid. Back when I was around that age I had friends who "owned" rifles and shotguns and were allowed to store them in thier bedroom.

My grandfather used to tell me that he used to hunt on the farm by himself at 10 y/o with a .22 given to him at 8! But that was along time ago...

-Bill

 

[newfalguy101]

My 11 year old daughter "owns" a couple of guns, but NEVER has access to them without my permission.

As for state laws, I believe that in Nebraska, a minor ( under 18 ) can possess a firearm, but purchasing is a no go.

Even if its legal, I am not entirely sure its a good idea for a youngster to have unlimited access to a firearm.

I am getting a highpower rifle for my daughter for her birthday in March, and even that rifle will be in MY gun cabinet.

 

[trueblue1776]

Hmmm...
I got grandpa's wingmaster when I was 12. Then again, we did live a mile away from a prison.

 

[Hkmp5sd]

In the State of Florida, it is perfectly legal for a minor to own firearms.

A minor under 16 years of age may be in possession of a loaded firearm under adult supervision and may be in possession of a firearm unsupervised if the firearm is unloaded and the minor is in his home.

A minor 16 years of age or older may possess the loaded firearm without supervision while hunting or participating in a lawful recreational shooting activity. The minor must transport the firearm unloaded to and from the activity.

See Florida statute 790.22.

 

[taliv]

depends on whether we're talking handgun or rifle. (maybe this was specified earlier and i missed it.)

it's against federal law for a minor to own or possess (except in certain circumstances like owning via inheritance, but still can't possess) a handgun. a minor may possess a handgun while in the direct supervision of their parent or guardian. there are some more details, but that's the gist of it. read the ATF's pamphlet on handgun ownership for minors. it's probably available in any local gun shop.

minors may own and possess (depending on state law) rifles/shotguns. no federal restrictions there that i'm aware of. however, i don't believe they can purchase them. i could be wrong about that.

 

[whm1974]

Even if its legal, I am not entirely sure its a good idea for a youngster to have unlimited access to a firearm.

I agree with you. However the problem may not be with your kid but with her "friends". Kids get into far more trouble in groups then they ever into by themselfs.

-Bill

 

[22-rimfire]

Guess it will be up to the courts to sort this one out. When I was 13 (9th grade), I "owned" a 22 rifle. I did not buy it as it was a gift from parents. I carried that rifle unsupervised out in the woods many times. I would suppose that legally, I did not "own" the 22. Don't know what the laws are today with regard to these kinds of situations. It would be a state law thing. Never thought about taking it to school though... something's wrong with a kid like that. It was a 22 handgun, by the way in PA.

 

[Hkmp5sd]

it's against federal law for a minor to own or possess (except in certain circumstances like owning via inheritance, but still can't possess) a handgun.

Not True.

(x) (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—

(A) a handgun; or

(B) ammunition that is suitable for use only in a handgun.

(2) It shall be unlawful for any person who is a juvenile to knowingly possess—

(A) a handgun; or

(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to—

(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—

(i) in the course of employment, in the course of ranching or farming related to activities at the residence residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal,State, or local law from possessing a firearm, except—

(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or

(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;

(iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and

(iv) in accordance with State and local law;

http://www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm

 

[newfalguy101]

The newspaper quoted the mother as saying "They are his guns, he has the right to do what he wants with them".

Guess I blew past this when I read the original post.

That has got to be one of the most rediculous things I have read in quite awhile.

Thats like saying just cuz I own a car that will 100mph I CAN run it that fast anywhere and anytime I want to.

The really sad part of this whole deal is that the kids mom is a TEACHER and has no common sense, poor students arent gonna learn anything from her.

I had a teacher that was so intellegent that she was dumb, what a waste of time and school resources.

 

[whm1974]

Guess I blew past this when I read the original post

I don't have the paper in front of me, but it gets funnyer.

The quote came from a police report the FIRST time the kid did this. She said this to the police officer AFTER he offered her a trigger lock!

I'm real subprise those two din't get into trouble the first time.

-Bill

 

[taliv]

hkmp5sd, isn't that what i said?

it's what the link you provided says.

Additionally, it generally is unlawful for a person to transfer a handgun to a juvenile and it generally is unlawful for a juvenile to possess a handgun. Exceptions are provided for the transfer of a handgun to and possession by a juvenile for the purposes of employment, ranching, farming, target practice or hunting as provided for in 18 USC 922(x)

 

[whm1974]

Thanks guys.

-Bill

 

[AZRickD]

I continue to be amazed at the amount of misinformation to be found on a gun forum. Thank you MP5 for a little clarity.

Rick