Pennsylvania Firearm Owners Association
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  1. #1
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    Default Pistols and kids

    I have a question on the legality of something...just the legal aspect, no one needs lectures on the danger/absurdity of it all because that is already being argued.

    I know of someone who just purchased a S&W M&P22 for their kid. He is 10. He carries this pistol (the kid) when he is at home and on the family property. I'm told the gun has rounds in the mag, but none are chambered.

    My dad taught me to shoot young, I have no issue with kids learning to respect firearms when they are young. I had a .22lr rifle when I was 6 that was mine...but even my father thinks giving a kid a pistol to carry is insane.

    It has since started an argument on the law and if a minor, like really a minor, can carry a handgun on the family's property. Is it legal but just an extremely ignorant thing to do?

  2. #2
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    Default Re: Pistols and kids

    It is illegal for the minor to possess a "firearm"(handgun, SBS, SBR) without supervision, unless the handgun is unloaded and child is transporting it for a lawful purpose, or is hunting/trapping.

    The parent could probably get into trouble too.

    Long guns really aren't a legal issue though, just "firearms".


    18 Pa.C.S. § 6110.1: Possession of firearm by minor
    (a) Firearm.--Except as provided in subsection (b), a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth.
    (b) Exception.--Subsection (a) shall not apply to a person under 18 years of age:
    (1) who is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in lawful activity, including safety training, lawful target shooting, engaging in an organized competition involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful purpose; or
    (2) who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).
    (c) Responsibility of adult.--Any person who knowingly and intentionally delivers or provides to the minor a firearm in violation of subsection (a) commits a felony of the third degree.
    (d) Forfeiture.--Any firearm in the possession of a person under 18 years of age in violation of this section shall be promptly seized by the arresting law enforcement officer and upon conviction or adjudication of delinquency shall be forfeited or, if stolen, returned to the lawful owner.

    Aside from the legalities, I really cannot condemn or condone the action. My grandfather made me carry his Colt Police Positive 32-20 as a kid when I or we(brother and cousins with me) went to the "back 40". Not every kid is the same.. ...some are more responsible than many adults.
    Last edited by knight0334; September 13th, 2013 at 10:25 AM.
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  3. #3
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    Default Re: Pistols and kids

    Aside from the legalities, I really cannot condemn or condone the action. My grandfather made me carry his Colt Police Positive 32-20 as a kid when I or we(brother and cousins with me) went to the "back 40". Not every kid is the same.. ...some are more responsible than many adults.[/QUOTE]

    you obviously come from the generation that was expected to be responsible for their own actions. Now all you have to do is scream "Grand Theft Auto made me do it!" to be obsolved of all personal responsibility.

  4. #4
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    Default Re: Pistols and kids

    Who are we to say what they allow their kids to do?

    My wife and I shake our heads frequently at what some kids being allowed to do. Their not our kids - not our problem.
    Soap Box - Worn out : Ballot Box - Broken : Jury Box - Pending : Ammunition Box - Unknown

  5. #5
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    Default Re: Pistols and kids

    Have you seen the kid doing anything unsafe with the firearm? Is the kid under proper supervision? Are there any issues beyond the kid's age?
    "When I hit it, I expect it to fall the hell down and die!"

  6. #6
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    Default Re: Pistols and kids

    Quote Originally Posted by brsims View Post
    Have you seen the kid doing anything unsafe with the firearm? Is the kid under proper supervision? Are there any issues beyond the kid's age?
    He's a typical 10 yr old boy. My concern was just the legality of it all. I mean, I think I'd be more comfortable with it if he had a history of guns from hunting or shooting and understood them more/better. The day I visited I was carrying my Shield in .40S&W and he laughed at me (the kid) about his gun being bigger and then pulled it out to show me (I had no idea he was carrying until a 22 was pointed at me). I explained to him size of the gun didn't matter, that the size of the caliber was more important and that while his .22lr was certainly lethal, it wasn't quite the same as something bigger...and to never point it at someone, loaded or not.

    It isn't in my place to comment on the parenting of someone else, I just didn't know if it were legal or if this was something I'd be reading about in the local paper when he bragged to a friend at school and the wrong person overheard. Know what I mean?

  7. #7
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    Default Re: Pistols and kids

    Quote Originally Posted by kismet1113 View Post
    He's a typical 10 yr old boy. My concern was just the legality of it all. I mean, I think I'd be more comfortable with it if he had a history of guns from hunting or shooting and understood them more/better. The day I visited I was carrying my Shield in .40S&W and he laughed at me (the kid) about his gun being bigger and then pulled it out to show me (I had no idea he was carrying until a 22 was pointed at me). I explained to him size of the gun didn't matter, that the size of the caliber was more important and that while his .22lr was certainly lethal, it wasn't quite the same as something bigger...and to never point it at someone, loaded or not.

    It isn't in my place to comment on the parenting of someone else, I just didn't know if it were legal or if this was something I'd be reading about in the local paper when he bragged to a friend at school and the wrong person overheard. Know what I mean?
    The kid pulled out a loaded gun and pointed it at you? WTF? I'd have grabbed the gun away from the kid, handed it to his parents, and then tell them I wouldn't be visiting again until things changed. That's ridiculous.

  8. #8
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    Default Re: Pistols and kids

    Quote Originally Posted by kismet1113 View Post
    He's a typical 10 yr old boy. My concern was just the legality of it all. I mean, I think I'd be more comfortable with it if he had a history of guns from hunting or shooting and understood them more/better. The day I visited I was carrying my Shield in .40S&W and he laughed at me (the kid) about his gun being bigger and then pulled it out to show me (I had no idea he was carrying until a 22 was pointed at me). I explained to him size of the gun didn't matter, that the size of the caliber was more important and that while his .22lr was certainly lethal, it wasn't quite the same as something bigger...and to never point it at someone, loaded or not.

    It isn't in my place to comment on the parenting of someone else, I just didn't know if it were legal or if this was something I'd be reading about in the local paper when he bragged to a friend at school and the wrong person overheard. Know what I mean?
    That right there tells me he shouldn't be carrying, even if it were legal for him to do so unsupervised.
    I am not a lawyer. Nothing I say or write is legal advice.

  9. #9
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    Default Re: Pistols and kids

    Also, what's the point of the "mine's bigger than yours" debate with a 10-yr old? .22LR's are plenty dangerous - in the Chardon OH school shooting, a kid with a Ruger Mark III killed three other students.

  10. #10
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    Default Re: Pistols and kids

    shouldn't this come back to the parents and them having a responsibility to teach the child no matter the age proper gun safety and handling techniques. Regaurdless of the legality of the issue safety should be first and foremost.

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