underage self-defense with handgun

[random_gun]

In a situation where the victim is not legally allowed to possess a certain kind of firearm(handgun, NFA firearm...), can the victim still use the firearm for self-defense under immediate threat(not owing the firearm, only use it in this particular incident)?

For example, in a home robbery(can necessarily own house, can be visiting the neighbor's house), if a underaged person somehow gains access to a handgun(grab it from the intruder, or use other family member's firearm) and shoot the intruder, will it be any different from someone who is legally allowed to possess the firearm?

I know this is complicated, what are some laws & cases for this kind of situation? I guess it's better to protect first and think later...

Is castle doctrine limited to a person's own house(aka. it doesn't apply if you are visiting someone else's house)?

 

[The-Reaver]

better to be judged by 12 than carried by 6

 

[b.roberts]

Of course they can. Self-defense is always allowable no matter the age.

 

[hermannr]

At least not in TX. Story about 16 year old girl who protected her parents property with her dad's gun. I am pretty sure the same would be true in OR, WA and ID.

 

[random_gun]

I am talking about self-defense, not defending property... That's a totally different story

 

[hermannr]

If you shoot someone in defence of property you are shakier grounds then if you shoot someone defending life. If a 16 can do it for property, she could cetainly do it to defend her life don't you think?

WA does not have a disconnect between life and property. You can defend either, with deadly force if necessary. If someone broke into my house and my 13 year old granddaughter shot the intruder with any one of the many loaded guns lying around this house, neither she, nor I would be in any trouble. (and I'm sure she could, she is a really good shot)

 

[Deltaboy1984]

In TX age is not even mentioned in the Law as it pertains to Self Defense.

 

[Grmlin]

When I was a kid I knew the location of all my Dad's guns throughout the house, no he wasn't paranoid. He taught us all how to use them and was constantly teaching gun safety. We were told if it was us or them it better be them and he would deal with the legal issues, his way at that time to show he cared. We lived in the Socialist Republic of Massachusetts so there would have been legal issues. Firearms stored in a manner that a minor has access to them can be a serious issue these days. But like has already been said "rather be judged by 12 than carried by 6". I'd rater deal with legal issues than have to loose a child.

 

[Quiet]

It various from state to state.

For example...
In CA, there are exemptions that allow a prohibited person in using a firearm in self-defense.
So, it is legal for a minor to obtain a handgun to use in self-defense when in immediate danger.

CA Penal Code 29750
In enacting the amendments to former Sections 12078 and 12101 by Section 10 of Chapter 33 of the Statutes of 1994, First Extraordinary Session, it was not the intent of the Legislature to expand or narrow the application of the then-existing statutory and judicial authority as to the rights of minors to be loaned or to possess live ammunition or a firearm for the purpose of self-defense or the defense of others.

CA Penal Code 25105
Section 25100 does not apply whenever any of the following occurs:
(f) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.

 

[NavyLCDR]

There is a specific exception in Federal law for self defense:

http://www.law.cornell.edu/uscode/text/18/922

18 USC 922 (x):

(x)
(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—
(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.

There is no provision in the Federal statute for defense of property, however.

 

[highlander 5]

At least a couple of time a yea you'll see a story on how a minor used a firearm of one type or another to encourage some miscreant to find another line of work.

 

[The Lone Haranguer]

For example, in a home robbery(can necessarily own house, can be visiting the neighbor's house), if a underaged person somehow gains access to a handgun(grab it from the intruder, or use other family member's firearm) and shoot the intruder, will it be any different from someone who is legally allowed to possess the firearm?

Your first duty and priority is to survive. But, even in a clear-cut defensive shooting such as you describe, I can't imagine anyone prosecuting you or the gun's owner, even in a severely restrictive state. There might be problems if it it isn't as clear-cut.

 

[cassandrasdaddy]

in va we had a case where a prohibited persons home was fired upon. he ran next door to dads home retrieved 12 gauge and returned fire . bad guys took off as cops approached he threw gun on roof . they found hulls and then gun. he was tried and convicted. conviction overturned on appeal based on right to self defense. if i remember judges ruling it was along lines of "even as a prohibited person hes not required to stand and be slaughtered"

 

[mortablunt]

SD doesn't get you off the hook for a lot of things. If you cannot possess something you use for self defense, then you are not getting away with it should you ever actually use it. It is not a crime to use a handgun to protect yourself from grievous bodily harm, but if you cannot own the handgun, then you're still facing weapons charges. They might get thrown out, or not prosecuted, but it's a real possibility. The better the visible facts of the case are in your favor, the less likely you are to face such charges.

 

[BSA1]

Hmmm. This is a fun one to play devil's adovate with. Many communities have laws requiring firearms in homes with children be locked up and inaccessable to them. So if a child (i.e. under the age of 16) was to get possession of a unsecured loaded gun and kill a intruder the parent is in violation of the law by leaving the gun unsecured and accessable. If the parent had not choose to violate the law the intruder would not be dead.

Now real life. I don't think any D.A. would even think of going after a minor in a clear cut self-defense. It would be career suicide.

 

[KW84]

What state?

 

[vtuck2]

Random,

I will share my PERCEPTION although I may have it all wrong.

In Texas, I don't think there's an issue as to an underage person having the right to self defense. If it's justifiable for an adult it's justifiable for a child.

However, the underlying legal issue has to do with whether afterward, the adult owner of the gun can be prosecuted for not SECURING the weapon. Does this make sense?

I THINK I remember reading that if the shooting was justified then this is a "defense against prosecution". Of course you will remember that I'm not a lawyer. My UNDERSTANDING of the meaning "defense against prosecution" is that the prosecution will move forward but that at the time of trial, this defense can be validly raised.

It's a very good question. And my "answer" really is NOT an answer. I'm simply sharing my perception.

VT

 

[allaroundhunter]

At least not in TX.

Many communities have laws requiring firearms in homes with children be locked up and inaccessable to them. So if a child (i.e. under the age of 16) was to get possession of a unsecured loaded gun and kill a intruder the parent is in violation of the law by leaving the gun unsecured and accessable. If the parent had not choose to violate the law the intruder would not be dead.

In Texas, allowing a firearm to be accessible to a minor is a criminal offense...however, if a minor uses a firearm to defend themselves, their family, or anything that an adult is legally allowed to defend, it is legal, and the owner of the firearm that the child used will not be charged with keeping a firearm accessible to said minor.