Under 21 carrying a pistol?

[BRLAShooter]

I have a friend who is 20. She has a Browning High Power that her father gave her. I know she can't CC, but can she carry the weapon in her truck back and forth to work and the such? Please refer me to the correct law.

Thanks!

 

[Quas]

From what I've been taught and hear from just about any knowledgeable person with regards to firearms. Yes, she can carry the pistol. She can even OC the pistol. She CANNOT buy a pistol nor gain a CC permit.

 

[Jimmy Dean]

Thought she simply could not buy a pistol through FFL, but could do a FTF xfer?

 

[aroundlsu]

Yes she can carry it in her truck. She can even buy one from a private seller but not a dealer.

 

[Quas]

Thought she simply could not buy a pistol through FFL, but could do a FTF xfer?

Good catch. True, she can buy a pistol through private sale.

 

[BRLAShooter]

Thought she simply could not buy a pistol through FFL, but could do a FTF xfer?

That's pretty much because FTF can't really be tracked, IMO.

 

[charlie12]

RS 14:95.8


§95.8. Illegal possession of a handgun by a juvenile

A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.

B.(1) On a first conviction, the offender shall be fined not more than one hundred dollars and imprisoned for not less than ninety days and not more than six months.

(2) On a second conviction, the offender shall be fined not more than five hundred dollars and imprisoned with or without hard labor for not more than two years.

(3) On a third or subsequent conviction, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than five years.

(4) A juvenile adjudicated delinquent under this Section, having been previously found guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not less than five hundred dollars and not more than one thousand dollars and shall be imprisoned with or without hard labor for not less than six months and not more than five years. At least ninety days shall be served without benefit of probation, parole, or suspension of sentence.

C. The provisions of this Section shall not apply to any person under the age of seventeen years who is:

(1) Attending a hunter's safety course or a firearms safety course.

(2) Engaging in practice in the use of a firearm or target shooting at an established range.

(3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of this state.

(4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this Subsection while in possession of an unloaded gun.

(5) On real property with the permission of his parent or legal guardian and with the permission of the owner or lessee of the property.

(6) At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun.

(7) Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such person carries on his person a copy of such written permission.

D. For the purposes of this Section "handgun" means a firearm as defined in R.S. 14:37.2, provided however, that the barrel length shall not exceed twelve inches.

Acts 1999, No. 1218, §1.

 

[Quas]

RS 14:95.8


§95.8. Illegal possession of a handgun by a juvenile

A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.

B.(1) On a first conviction, the offender shall be fined not more than one hundred dollars and imprisoned for not less than ninety days and not more than six months.

(2) On a second conviction, the offender shall be fined not more than five hundred dollars and imprisoned with or without hard labor for not more than two years.

(3) On a third or subsequent conviction, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than five years.

(4) A juvenile adjudicated delinquent under this Section, having been previously found guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not less than five hundred dollars and not more than one thousand dollars and shall be imprisoned with or without hard labor for not less than six months and not more than five years. At least ninety days shall be served without benefit of probation, parole, or suspension of sentence.

C. The provisions of this Section shall not apply to any person under the age of seventeen years who is:

(1) Attending a hunter's safety course or a firearms safety course.

(2) Engaging in practice in the use of a firearm or target shooting at an established range.

(3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of this state.

(4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this Subsection while in possession of an unloaded gun.

(5) On real property with the permission of his parent or legal guardian and with the permission of the owner or lessee of the property.

(6) At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun.

(7) Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such person carries on his person a copy of such written permission.

D. For the purposes of this Section "handgun" means a firearm as defined in R.S. 14:37.2, provided however, that the barrel length shall not exceed twelve inches.

Acts 1999, No. 1218, §1.

Nice find, thanks Charlie!

 

[gbundersea]

As I've pointed out before, there's a very interesting provision in that Louisiana law: RS 14:95.8

§95.8. Illegal possession of a handgun by a juvenile

A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.
...
C. The provisions of this Section shall not apply to any person under the age of seventeen years who is:
...
(7) Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such person carries on his person a copy of such written permission.

So, a parental note actually allows a minor to possess a handgun in LA!

Also, from the language in this law, it appears that 17, not 18, is the legal age to possess a handgun on one's person.

Disclaimer: I am not a lawyer. I am not even an I-Lawyer.

 

[geauxshootin]

my 6 year old carries her note every day, JK

 

[charliepapa]

Wrong

That's pretty much because FTF can't really be tracked, IMO.

Secondary / Private Sales

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Louisiana, although federal and state purchaser prohibitions still apply. See the Louisiana Background Checks section.

Louisiana Revised Statutes Annotated § 14:91(A) prohibits sale or delivery for value of any firearm to a person under age 18. Lack of knowledge of the minor's age is not a defense to this prohibition. Id.

Also:
http://opencarry.org/age.html

 

[JadeRaven]

I think it would be swell to see a 12 year old kid open carrying a firearm with written permission of the parents Assuming the kid knows what he's doing. . .

Yeah. . . an 18 year old can purchase a handgun from anyone he pleases, dealer or individual; however, dealers cannot sell to anyone under 21, so no sales occur.

What I'm getting at, is, it's not the problem of the 18 year old, but of the dealer. The misinformed always say "it's illegal for someone under 21 to buy a handgun" as if the purchaser is somehow committing a crime or in the wrong, and construe that to say that a <21 year old cannot purchase a handgun from an individual.

 

[tunatuk]

I think it would be swell to see a 12 year old kid open carrying a firearm with written permission of the parents Assuming the kid knows what he's doing. . .

Yeah. . . an 18 year old can purchase a handgun from anyone he pleases, dealer or individual; however, dealers cannot sell to anyone under 21, so no sales occur.

What I'm getting at, is, it's not the problem of the 18 year old, but of the dealer. The misinformed always say "it's illegal for someone under 21 to buy a handgun" as if the purchaser is somehow committing a crime or in the wrong, and construe that to say that a <21 year old cannot purchase a handgun from an individual.

No, a 21 year old can purchase a handgun from a dealer. 18 year olds can get rifles and shotguns, and other long guns.

Now, for that note from a parent, I'd probably want it notarized to prove it is who it says it is. I'm a cop, but seriously, how many kids fake notes to get out of school or other things now-a-days? I know back in my time it was a fairly regular occurrence.

 

[spanky]

I think it would be swell to see a 12 year old kid open carrying a firearm with written permission of the parents Assuming the kid knows what he's doing. . .

Yeah. . . an 18 year old can purchase a handgun from anyone he pleases, dealer or individual; however, dealers cannot sell to anyone under 21, so no sales occur.

What I'm getting at, is, it's not the problem of the 18 year old, but of the dealer. The misinformed always say "it's illegal for someone under 21 to buy a handgun" as if the purchaser is somehow committing a crime or in the wrong, and construe that to say that a <21 year old cannot purchase a handgun from an individual.

18-21 yo cannot buy a handgun from a dealer, only private party since that is not federally regulated and state law says 18.

 

[Narco]

Does she pretend to work for Trill Ent. Group?

Do friends ask to ride with/or have her accompanying them on certain transactions taking place during a Sunday drive?

If you answer yes to any of those questions.. eject.

 

[Jimmy Dean]

Does she pretend to work for Trill Ent. Group?

Do friends ask to ride with/or have her accompanying them on certain transactions taking place during a Sunday drive?

If you answer yes to any of those questions.. eject.

?????????

 

[tmlowe]

Search here and on OCDO for Anty, a regular at OCDO who shot a drug dealer while in the midst of a drug deal.

 

[BRLAShooter]

Does she pretend to work for Trill Ent. Group?

Do friends ask to ride with/or have her accompanying them on certain transactions taking place during a Sunday drive?

If you answer yes to any of those questions.. eject.

 

[thatwhichisnt]

I am 19. Does that mean I can buy a handgun from a private dealer, such as someone off this board or a gunshow? I just cant buy it from a dealer or CC. I can carry it in my truck too? Also, dont you need to be 21 to buy ammo?

 

[spanky]

I am 19. Does that mean I can buy a handgun from a private dealer, such as someone off this board or a gunshow? I just cant buy it from a dealer or CC. I can carry it in my truck too? Also, dont you need to be 21 to buy ammo?

there is no such thing as a private dealer.

you can buy from an individual.

yes you can have it in your vehicle.

and yes you have to be 21 to buy pistol ammo