Legality of minors, guns, and range time

[N3rday]

I am a minor (17). my mom is a doctor who, like most other doctors, is unnaturally haplophopic (hoplophobic?).
Anyway, she wondered if it was legal for me to go to the range and shoot by myself. I said probably not, since it is illegal for a minor to buy a gun. However, I didn't give it much thought. I live in Texas, FYI.

Anyone know if a minor can shoot by themselves in the state of Texas?

 

[Werewolf]

Well - it's not in OK and probably not in TX.

The pertinent federal law is I believe called the Youth Firearms Safety Act or other such nonsense. Federal law prohibits a minor from owning or using a firearm except in certain circumstances.

1) Training - adult present
2) Unsupervised Farm and Ranch use - Long Arm only
3) Competition - adult present
4) Home/self defense (this one's kind of ambiguous and I don't remember the details)
5) Hunting - adult present (this one and the farm/ranch provision seem to me to conflict a bit but then I'm no lawyer)

In OK everytime I buy a weapon I get a handout that presents both federal and state law regarding firearms and minors. They're pretty draconian. For example if I'm at the range with my niece and she's shooting her .22 and I walk away to shoot my own weapons and am not directly supervising her the way the law reads I could end up sharing a cell with Bubba.

Basically under 18 means that in most cases one must be supervised by an adult to use a firearm - especially a handgun.

 

[HankB]

my mom is a doctor who, like most other doctors, is unnaturally haplophopic (hoplophobic?).

Well, statistically, doctors kill more people than guns. Harvard did a study a couple of years ago that indicated as many as 90,000 people a year die due to "medical mistakes." This number exceeds by a factor of three the number of murders, suicides, and accidental deaths combined involving firearms. And considering that there are more guns than doctors in this country, well . . .

Hmmm . . . using this argument on your physician mother won't win any points, but if you want to try a "kinder, gentler" method of persuasion, you can always direct her to the following website: http://www.claremont.org/projects/doctors

Not all doctors are hoplophobes. One of my old high school buddies owns and shoots a couple of guns, and he's a physician in family practice. My old ophthamologist was deep into shotguns (he'd just bought a Benelli for his 14 year old son) and my current doctor took his son on one of those Texas youth hunts last year.

As far as a 17 year old and firearms, the law varies by state and local jurisdictions. Federal law doesn't allow a 17 year old to buy a firearm, but he CAN receive it as a gift. In some states, a minor can hunt alone above a certain age, but there may be a requirement that he's passed an approved hunter safety course. Be advised, you really need to check the law for yourself - Internet forums shouldn't be relied on for legal advice. (And don't bother asking a cop - he probably doesn't know, or will just reflexively say "that's illegal, kid.")

 

[Hkmp5sd]

Read all about it....

ATF P 5300.5 - State Laws and Published Ordinances - Firearms - (2000 - 22nd Edition) - TEXAS

 

[USAFNoDAk]

1) Training - adult present
2) Unsupervised Farm and Ranch use - Long Arm only
3) Competition - adult present
4) Home/self defense (this one's kind of ambiguous and I don't remember the details)
5) Hunting - adult present (this one and the farm/ranch provision seem to me to conflict a bit but then I'm no lawyer)


I don't believe that these are Federal laws. I know the Feds say you must be 18 to possess a handgun, unsupervised, and must be 21 to purchase. Other than that, I believe it is mostly left up to the states, except for purchases.

In Minnesota, you can hunt unsupervised with .22, shotgun, or high powered rifle after you turn 14, provided you have taken firearms safety training and have your certificate on you along with your license.

At our gun range, we don't allow kids under 18 to shoot unsupervised by an adult, but that is just our own preference.

I hope this helps. Check with the range you want to shoot at. They may be knowledgable of the local, state, and federal laws, and have their rules established accordingly.

 

[N3rday]

Hkmp5sd:

I found nothing in that section about shooting, only possesion and child access. Also, according to that law I am not a child, since I am not under the age of 17.

So, what are the federal laws in place?

 

[N3rday]

Here is what i just found:

The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
Fugitives from justice.
Unlawful users of certain depressant, narcotic, or stimulant drugs.
Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
Illegal aliens.
Citizens who have renounced their citizenship.
Those persons dishonorably discharged from the Armed Forces.
Persons less than 18 years of age for the purchase of a shotgun or rifle.
Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
Persons convicted in any court of a misdemeanor crime of domestic violence.

Temporary use of Another`s Firearm

Provided that all other laws are complied with, an individual may temporarily borrow or rent a firearm for lawful sporting purposes throughout the United States.

Transporting firearms during travel

Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console.

So, according to this, it should be perfectly legal for anyone to go shooting at the range under the assumption that state laws are complied with. Anyone have a portion of the law to prove otherwise?

 

[Hkmp5sd]

The federal law is:

18 U.S.C. 922(x)
(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 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.

So, if there are no local Texas laws banning it, all you need is a note from your parents giving you permission.

 

[N3rday]

Wow, thanks!
Do you know what applies to rifles? This only covers handguns for some reason, and I have a bolt .22 thats dying to be shot... I just hope my dad didn't leave the bolt open, because I'm sure I'm gonna find a big wad of dust in there

 

[Hkmp5sd]

AFAIK, the only restriction on long guns is you have to be 18 to purchase one. You may legally own and possess one while under 18.

 

[N3rday]

Well, in that case, I'm in the market for a SUB2000 and a Mosin Nagant...