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Thread: Possession of Handgun by Minor in Kentucky

  1. #1
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    Possession of Handgun by Minor in Kentucky

    I had a question after being pulled over and arrested last night. I had a Jennings .25 auto in the glove box, which obviously is considered open carry. It cleared with a good serial. However, the officer charged me with Possession of a Handgun by a Minor, 1st offense, and confiscated the handgun. I am 19 years old and, according to KRS 527.100, "A person is guilty of possession of a handgun by a minor when, being under the age of eighteen (18) years, he possesses, manufactures, or transports a handgun as defined by KRS 527.010." Is there anyone else who has dealt with anything similar to this that would have any advice to offer? I'm in the process of getting an attorney because I have to appear at court. Any information would be greatly appreciated.

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    Quote Originally Posted by NavyLCDR View Post
    The officer may have honestly just been going off the title of the statute and ASSumed that minor meant <21 years old.
    You're probably right, but from a moral standpoint, this really shouldn't be considered a qualified immunity situation. If you choose to wear a gaudy piece of costume jewelry and a weapon in the name of the state, and don't know that there are different definitions of minor for different situations (driving vs. voting vs. alcohol, for example), and then, as a result of your incredible ignorance, decide to assault, restrain, and kidnap a citizen, you really deserve to go to prison for a long, long time.

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    Quote Originally Posted by Fallschirmjäger View Post
    If you are past the hour of your 18th birthday then you are no longer a minor.
    Unless, of course, you happen to be under 21, and after registering for selective service, voting, and open carrying, you happen to have a beer in your hand and run across a brave law enforcement officer who decides to extract some revenue from you via an MIP ticket.

  4. #4
    Regular Member Fallschirmjäger's Avatar
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    Okay, there are a few teensie exceptions
    In current jurisprudence though, only minors are below the age of 18, and even though they have not attained their full majority they aren't minors in the eyes of the law.
    You might say that no one obtains their full majority until they're at least 35, since at that age you can become president.

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