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Thread: Montana minimum age to OC

  1. #1
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    Call me crazy but:

    I believethe min age to OC isMontana is 14. I*think* this because45-8-344 saysthat
    It is unlawful for a parent, guardian, or other person having charge or custody of a minor child under the age of 14 years to permit the minor child to carry or use in public any firearms, except when the child is accompanied by a person having charge or custody of the child or under the supervision of a qualified firearms safety instructor or an adult who has been authorized by the parent or guardian.
    It can be viewed at http://data.opi.state.mt.us/bills/mca/45/8/45-8-344.htm

    So, do y'all think I'm missing something or what?



    Matt

  2. #2
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    That's the age for minors to possess long guns in VA - 14.

    Maybe MT has another section covering handguns?

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    Mike wrote:
    That's the age for minors to possess long guns in VA - 14.

    Maybe MT has another section covering handguns?
    It's possible, but I simply cannot find it.



    Matt

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    I'm gonna say I'm 99% sure that it is 14 years of age.

    I have scoured the legislative code for hours on end previous to this thread and have found nothing. Since it says firearms, and does not differentiate between long guns and handguns, I don't see why it wouldn't be 14 years of age.

    Heck, the age to buy a firearm in Montana in a PRIVATE sale is 14 as well.



    Matt

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    mattjohnston87 wrote:
    Mike wrote:
    That's the age for minors to possess long guns in VA - 14.

    Maybe MT has another section covering handguns?
    It's possible, but I simply cannot find it.



    Matt
    in Utah...and I think that it would be the same in Montana. I will be looking too.

    Utah Code Section 76-10-509




    76-10-509. Possession of dangerous weapon by minor. (1) A minor under 18 years of age may not possess a dangerous weapon unless he: ...
    www.le.state.ut.us/~code/TITLE76/htm/76_0C039.htm - 3k - www.le.state.ut.us/~code/TITLE76/htm/76_0C039.htm+76-10-509&hl=en&ct=clnk&cd=1&gl=us]Cached[/url] - www.le.state.ut.us/~code/TITLE76/htm/76_0C039.htm]Similar pages[/url]


    76-10-509. Possession of dangerous weapon by minor.
    (1) A minor under 18 years of age may not possess a dangerous weapon unless he:
    (a) has the permission of his parent or guardian to have the weapon; or
    (b) is accompanied by a parent or guardian while he has the weapon in his possession.
    (2) Any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult.
    (3) Any person who violates this section is guilty of:
    (a) a class B misdemeanor upon the first offense; and
    (b) a class A misdemeanor for each subsequent offense.


    Amended by Chapter 10, 1993 Special Session 2
    Download Code Section Zipped WP 6/7/8 76_0C039.ZIP 1,855 Bytes

    Utah Code Section 76-10-509.4




    76-10-509.4. Prohibition of possession of certain weapons by minors. (1) A minor under 18 years of age may not possess a handgun. ...
    www.le.state.ut.us/~code/TITLE76/htm/76_0C040.htm - 3k - www.le.state.ut.us/~code/TITLE76/htm/76_0C040.htm+76-10-509.4&hl=en&ct=clnk&cd=1&gl=us]Cached[/url] - www.le.state.ut.us/~code/TITLE76/htm/76_0C040.htm]Similar pages[/url]


    76-10-509.4. Prohibition of possession of certain weapons by minors.
    (1) A minor under 18 years of age may not possess a handgun.
    (2) Except as provided by federal law, a minor under 18 years of age may not possess the following:
    (a) a sawed-off rifle or sawed-off shotgun; or
    (b) a fully automatic weapon.
    (3) Any person who violates Subsection (1) is guilty of:
    (a) a class B misdemeanor upon the first offense; and
    (b) a class A misdemeanor for each subsequent offense.
    (4) Any person who violates Subsection (2) is guilty of a third degree felony.


    Amended by Chapter 80, 1995 General Session
    Download Code Section Zipped WP 6/7/8 76_0C040.ZIP 1,897 Bytes









  6. #6
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    As a Montana Hunter Safety Instructor, the minimum age for a minor to be in posession is 12, and that is with an adult in the immediate area. In order to be in posession of a firearm without adult supervision is 14, thus the legal age to open carry is only 14. The minimum age to have a Concealed Carry permit is 18 in Yellowstone County

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    I thought that the Youth Handgun Safety Act made it illegal for anyone under 18 to carry or possess a handgun.

  8. #8
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    I'm under the impression that states set their own laws, and if the state has no law, the generally accepted law is that of the federal government.

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    UTOC-45-44 wrote:
    in Utah...and I think that it would be the same in Montana. I will be looking too.

    Utah Code Section 76-10-509

    76-10-509. Possession of dangerous weapon by minor.
    (1) A minor under 18 years of age may not possess a dangerous weapon unless he:
    (a) has the permission of his parent or guardian to have the weapon; or
    (b) is accompanied by a parent or guardian while he has the weapon in his possession.
    :celebrateThat's funny right there, I don't care who you are:

    Read between the lines! If a minor under 18 years of age has a dangerous weapon in his possession he does NOT need their permission as long as they are with him? DOH!

  10. #10
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    I teach hunter safty and i do believe that anyone above the age of 14 w/out any pas prison convictions can oc.

  11. #11
    Regular Member MT GUNNY's Avatar
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    A 14 year old or older with a Rifle would have to Follow state law, Whereas the same with a Handgun would have to be with in Federal Law!!

    http://iweb.tntech.edu/cpardue/youthnotice.html




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    Take all this crapola and stick in the trash can then burn it, it is worthless and is in direct violation of the Second Amendment, the only Gun law needed in the entire nation.

    The rest of the laws were made for "PEOPLE CONTROL" to control people not to control guns.

  13. #13
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    Well you gotta admit, there was a day and time where you didn't worry about a 5, 6, 8, 9 year old or however old going out and shooting squirrels, gophers or what-have-you like that. I remember, I was given my first .22 at about 5-years old. I didn't live in a place where I was able to go out and shoot it 'willy-nilly' so that was out of the question, but if circumstances permitted it would have been allowed by my parents! I miss those days.
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  14. #14
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    NavyLT wrote:
    IDAHO COWBOY wrote:
    Take all this crapola and stick in the trash can then burn it, it is worthless and is in direct violation of the Second Amendment, the only Gun law needed in the entire nation.

    The rest of the laws were made for "PEOPLE CONTROL" to control people not to control guns.
    Sure, until you are a 16 year old kid who is at a party carrying his handgun and the cops show up because of a noise complaint. Then you can scream 2nd ammendmentall the way to jail. I guess, according to your argument, there should be NO lower age limit on firearm possession? And if you think there should be a lower age limit, than what? 5? 6?

    LT, yes you are 100% or 1000% correct, I am saying exactly that, there should be NO lower age limit on the firearm possession ! Why, because The Constitution of the United States of America, Bill of Rights, Second Amendment, says "shall not be infringed". Read your Oath of Office LT, Protect and Defend the Constitution against all enemies foreign and domestic,as far as I am concerned anyone (which is each and every Citizen of the USA) and at any level in govt or non-govt that does not live daily by the Oath they swore or pledged to is a traitor, liar, and not an American, whether just talking, passing a law, supporting a law, or enforcing a law that is at odds with the Constitution to any degree, I make no exceptions for no one for no reason.

    Back to question, it is the family's job not the govt's job, to make these kind of decisions.

    The first Gun Control laws and all Gun Control laws since, for better 230 years or so, even back to Plymouth Rock in 1620, nearly 400 years ago, have been about PEOPLE CONTROL, to control Black Slaves both in the North and the South then to control Whites in the South after the Civil War or War of Northern Aggression (the War was fought about State Rights not Slavery - both the North and the South has Slaves and Slaves fought on both sides during the War) then to continue to control the entire population of the USA and so it continues today.

    Only good people obey these UN-Constitutional laws, bad people do not care about these laws - they could care less about the laws so these laws only leave the good people defenseless.

    I will see if I can find the link I read yesterday or today about a 12 year boy in his house with his younger brothers and sisters, break-in progress, he takes everyone to his parents bedroom, locks the door, bad guy trys to break in to the bedroom, 12 year fires one round of 357 MAG through the door, killing the bad guy, Peace Officers arrive, declared a good shooting ! His Parents trained him and his younger brothers and sisters. No one said anything about his age !

    I trained my kids, my kids are training their kids,my grand parents trained my Mother and Father.

    Yes and before 1968, I legally walked into Hardware Stores as a young teenager, laid down cash, and walk out with any gun I wanted (more correctly could afford as kid working on Ranch doing aman's job every day - Cowboying horses and cattle)- with no frigging illegal against the Constitution paperwork, and guess what - neither I or my guns have commited even one small crime in all these years, frigging amazing !

    The A does not work never has, the T does not work never has, the F does not work never has - Bad People just do not care - why should they - the guns are simply "tools" of their chosen "trade or job" - no tool no job, it is just that simple. So what we have is a bunch of people with high paying jobs basically accomplishing nothing but building a smoke screen, just like TSA Security "on the ground" - it's all "eye wash", "ice'ing on the cake", "window dressing", accomplishes nothing just looks pretty or purty. I do think the "E" is important.


    I am beginning to think you are a troll after reading many of your posts. You lay out the law clear enough, maybe too clear, you always defend the these laws, I just think you need to study the Constitution as well, then you might as I do think all these laws are illegalsince they conflict with the Constitution.
















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