can i give my 16 year old niece a handgun?

[sloppy joe]

she drives now. she can shoot. is it legal for me to give her a handgun to keep in the car with her father's permission?

 

[DAVE_M]

She cannot legally possess it at that age. You can, however, gift it to him.

 

[sloppy joe]

but can she have her father's handgun alone in the car?

 

[DAVE_M]

but can she have her father's handgun alone in the car?

The answer is yes.

See below.

I am an attorney, although I no longer actively practice law, and I am not your attorney. But, the simple answer is "yes". A handgun in a car is NOT on her person, so it is not prohibited. And the exception clearly applies, so if she wanted to carry on her person, she could do so with permission from her parent, etc.

No, your car is NOT an extension of your home. (I think that was said as a joke, but people still seriously believe that)

No, you may not carry concealed without a CHP, even in your car or your home.

With all due respect, people do not help in these threads by just saying stuff. If you don't know the answer, it's really best to not say anything.

§95.8. Illegal possession of a handgun by a juvenile

A. It is unlawful for any person who has not attained the age of eighteen 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 eighteen 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; Acts 2019, No. 104, §2.

You may want to seek advice from your attorney. Simply having a firearm in the car is one piece of the puzzle.

I'm okay with being wrong and learning.

 

[sloppy joe]

yikes. thanks.

 

[AndyG]

Am I reading C-7 incorrectly? Seems to suggest she could be in possession of her father’s handgun so long as she had written permission from her father on her person.

 

[MOTOR51]

Am I reading C-7 incorrectly? Seems to suggest she could be in possession of her father’s handgun so long as she had written permission from her father on her person.

Yes. There are also provisions for schools with permission if I remember correctly.


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[DAVE_M]

Yes. There are also provisions for schools with permission if I remember correctly.


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I think there are. I am struggling to find them though.

 

[Jstudz220]

No.

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.


why would this not be good enough?

 

[DAVE_M]

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.


why would this not be good enough?

Is it? I'm not an attorney.

 

[Jstudz220]

Is it? I'm not an attorney.

You answered no pretty confidently. Evidently without reading.

 

[DAVE_M]

You answered no pretty confidently. Evidently without reading.

I have read that statute multiple times. It's how I knew where to find it. It expressly states that possession by a juvenile is prohibited. Of course there are exceptions, but I'm not an attorney and cannot provide case law to prove that those exceptions work in the way that the OP may expect them to work.

 

[charlie12]

Hey haven't you heard your car is an extension of your home. So if she can be at home with it she can be in the car with it.

 

[Magdump]

I think maybe some people get confused about words like ‘possession’ and ‘ownership’. They are two completely different words, especially when it comes to law. A person may indeed possess something without owning it.

 

[Xeon64]

This is news to me. I have been hunting by myself with a 22 pistol since I was 12.

 

[Jstudz220]

I have read that statute multiple times. It's how I knew where to find it. It expressly states that possession by a juvenile is prohibited. Of course there are exceptions, but I'm not an attorney and cannot provide case law to prove that those exceptions work in the way that the OP may expect them to work.

Aren’t you former LEO? It’s pretty black and white and with some slight reading pretty clear on what’s acceptable and what’s not.

 

[Jstudz220]

Hey haven't you heard your car is an extension of your home. So if she can be at home with it she can be in the car with it.

also another valid point and while I think you were joking your actually probably correct.

 

[DAVE_M]

Aren’t you former LEO? It’s pretty black and white and with some slight reading pretty clear on what’s acceptable and what’s not.

I'm LEO? That's news to me.

 

[MOTOR51]

I have read that statute multiple times. It's how I knew where to find it. It expressly states that possession by a juvenile is prohibited. Of course there are exceptions, but I'm not an attorney and cannot provide case law to prove that those exceptions work in the way that the OP may expect them to work.

Most all laws have written exceptions. That’s nothing abnormal.


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[Bigchillin83]

You can do what ever you want it’s a free country!!! People are allowed to burn down stores and city’s without being arrested and charged and if they are charges are dropped and released . And also allowed to steal food and medical supply’s without any repercussions as long as its under $950 .. I’d say you good


and of course where i got info from for no copyright issues, but we all know fox news is nothing but liars anyway


https://www.foxnews.com/us/nyc-drops-hundreds-looting-cases-manhattan-da-trump-probe-riots

https://www.foxnews.com/us/california-prop-47-shoplifting-theft-crime-statewide