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Thread: Minor OC question

  1. #1
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    I see on the Idaho gun law brochure that minors under 18 can OC as long as they are accompanied by an adult or have a permission slip from their parents if they are over 12. My question is does that mean handguns? I thought you had to be 21 to own a handgun, or is that just to purchase a handgun?

  2. #2
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    state law allows it, but federal law has its own set of restrictions in 18 U.S.C. 922(x), as follows:
    (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 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;
    (B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
    (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
    (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
    (4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
    (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
    basically, if you are over 12 and under 18 and wish to open carry a handgun, you need prior written consent from your guardian or parents.

  3. #3
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    Thanks

  4. #4
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    I remember the Doty brothers doing this. The handgun under 18 is NOT lawful though, even with the note from the legal guardian. The exception would be at a shooting event, target practice, or someone's private property.

    Long gun carry is perfectly legal under 18 so long as you are with your legal guardian or have a written note.

    Easy to miss.

    TITLE 18 CRIMES AND PUNISHMENTSCHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS18-3302F.Prohibition of possession of certain weapons by a minor. (1) It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any handgun.(2)Except as provided by federal law, a minor under the age of eighteen (18) years may not possess the followinga)A sawed-off rifle or sawed-off shotgun; or(b)A full automatic weapon.(3)Any person who violates the provisions of subsection (2) (a) of this section is guilty of a misdemeanor.(4)Any person who violates the provisions of subsection (2) (b) of this section is guilty of a felony.(5)For purposes of this sectiona)"Full automatic weapon" means any firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one (1) bullet, or other missile without reloading, by a single function of the trigger.(b)"Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve (12) inches. Excluded from this definition are handguns firing a metallic projectile, such as a BB or pellet, through the force of air pressure, COpressure, or spring action or any spot marker gun.(6)Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of the provisions of this section is guilty of a misdemeanor.

    TITLE 18 CRIMES AND PUNISHMENTSCHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS18-3302G.Exceptions.The provisions of section 18-3302E, Idaho Code, regarding the possession of a weapon by a minor or section 18-3302F, Idaho Code, regarding possession of handguns by minors shall not apply to any of the following1)Patrons firing at lawfully operated target concessions at amusement parks and similar locations provided that the firearms to be used are firmly chained or affixed to the counters;(2)Any person in attendance at a hunter’s safety course or a firearm’s safety course;(3)Any person engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law;(4)Any person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;(5)Any minor under eighteen (18) years of age who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of the law;(6)Any resident or nonresident hunters with a valid hunting license or other persons who are lawfully engaged in hunting; and(7)Any person traveling to or from any activity described in subsection (2), (3), (4), (5) or (6) of this section with an unloaded firearm in his possession.

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