Purchasing a gun to give to my son in the distant future

Discussion in 'Legal' started by Ken73, May 9, 2020.

Thread Status:
Not open for further replies.
  1. Robbins290

    Robbins290 Member

    Joined:
    May 8, 2011
    Messages:
    2,314
    Location:
    Limerick, maine
  2. Ken73

    Ken73 Member

    Joined:
    May 4, 2020
    Messages:
    9
    Location:
    SE Arizona
    What were you referring to with the words "doing this"? Purchasing with the mindset that "someday my son will have this", or actually transferring ownership?
    As has been covered in post #5, the transfer of ownership in the future would need to happen according to laws at that time, possibly through a FFL dealer.
    I've spent quite a bit of time researching Arizona gun laws, but I could be missing something. Knowing exactly what portion of my idea some states forbid could help in determining whether or not Arizona is among them.
     
  3. boom boom
    • Contributing Member

    boom boom Contributing Member

    Joined:
    Sep 24, 2007
    Messages:
    4,777
    Location:
    GA
    Start with the Arizona code found below and go by section by section. A complicating factor in 13-3109 could possibly be child custody arrangements in a divorce settlement. One would need to go to caselaw to determine that most probably.

    Arizona Revised Statutes Title 13. Criminal Code § 13-3101. Definitions
    https://codes.findlaw.com/az/title-13-criminal-code/az-rev-st-sect-13-3101.html

    Specific statutes regarding minors,
    Arizona Revised Statutes Title 13. Criminal Code § 13-3109. Sale or gift of firearm to minor;  classification

    A. Except as provided in subsection C of this section, a person who sells or gives to a minor, without written consent of the minor's parent or legal guardian, a firearm, ammunition or a toy pistol by which dangerous and explosive substances may be discharged is guilty of a class 6 felony.

    B. Nothing in this section shall be construed to require reporting sales of firearms, nor shall registration of firearms or firearms sales be required.

    C. The temporary transfer of firearms and ammunition by firearms safety instructors, hunter safety instructors, competition coaches or their assistants shall be allowed if the minor's parent or guardian has given consent for the minor to participate in activities such as firearms or hunting safety courses, firearms competition or training.  With the consent of the minor's parent or guardian, the temporary transfer of firearms and ammunition by an adult accompanying minors engaged in hunting or formal or informal target shooting activities shall be allowed for those purposes.

    https://codes.findlaw.com/az/title-13-criminal-code/az-rev-st-sect-13-3109.html

    Arizona Revised Statutes Title 13. Criminal Code § 13-3111. Minors prohibited from carrying or possessing firearms;  exceptions;  seizure and forfeiture;  penalties;  classification

    A. Except as provided in subsection B, an unemancipated person who is under eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person's parent or guardian, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.

    B. This section does not apply to a person who is fourteen, fifteen, sixteen or seventeen years of age and who is any of the following:

    1. Engaged in lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

    2. Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting.

    3. Engaged in lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

    4. Engaged in activities requiring the use of a firearm that are related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.

    C. If the minor is not exempt under subsection B and is in possession of a firearm, a peace officer shall seize the firearm at the time the violation occurs.

    D. In addition to any other penalty provided by law, a person who violates subsection A shall be subject to the following penalties:

    1. If adjudicated a delinquent juvenile for an offense involving an unloaded firearm, a fine of not more than two hundred fifty dollars, and the court may order the suspension or revocation of the person's driver license until the person reaches eighteen years of age.  If the person does not have a driver license at the time of the adjudication, the court may direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.

    2. If adjudicated a delinquent juvenile for an offense involving a loaded firearm, a fine of not more than five hundred dollars, and the court may order the suspension or revocation of the person's driver license until the person reaches eighteen years of age.  If the person does not have a driver license at the time of the adjudication, the court may direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.

    3. If adjudicated a delinquent juvenile for an offense involving a loaded or unloaded firearm, if the person possessed the firearm while the person was the driver or an occupant of a motor vehicle, a fine of not more than five hundred dollars and the court shall order the suspension or revocation of the person's driver license until the person reaches eighteen years of age.  If the person does not have a driver license at the time of adjudication, the court shall direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.  If the court finds that no other means of transportation is available, the driving privileges of the child may be restricted to travel between the child's home, school and place of employment during specified periods of time according to the child's school and employment schedule.

    E. Firearms seized pursuant to subsection C shall be held by the law enforcement agency responsible for the seizure until the charges have been adjudicated or disposed of otherwise or the person is convicted.  Upon adjudication or conviction of a person for a violation of this section, the court shall order the firearm forfeited.  However, the law enforcement agency shall return the firearm to the lawful owner if the identity of that person is known.

    F. If the court finds that the parent or guardian of a minor found responsible for violating this section knew or reasonably should have known of the minor's unlawful conduct and made no effort to prohibit it, the parent or guardian is jointly and severally responsible for any fine imposed pursuant to this section or for any civil actual damages resulting from the unlawful use of the firearm by the minor.

    G. This section is supplemental to any other law imposing a criminal penalty for the use or exhibition of a deadly weapon.  A minor who violates this section may be prosecuted and adjudicated delinquent for any other criminal conduct involving the use or exhibition of the deadly weapon.

    H. A person who violates subsection A is guilty of a class 6 felony.
     
  4. boom boom
    • Contributing Member

    boom boom Contributing Member

    Joined:
    Sep 24, 2007
    Messages:
    4,777
    Location:
    GA
    Thread is veering off into speculation instead of focusing on legal issues involved in gifts to a minor. Closed unless the O/P or other has additional questions about the specifics in caselaw, statutes, and ATF regulations involving transfers to minors as gifts. PM me if that is the case.
     
Thread Status:
Not open for further replies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice