can i give my 16 year old niece a handgun?

[drill sgt]

I am not a lawyer by any means but would have to say no for the juvenile to be in possession of the firearm while traveling alone in a vehicle by themselves. Even with written permission from parent or guardian on their person might be on the sketchy side. But the bottom line would be if there is any chance of this coming back on any legal person of 18yrs of age or greater is it worth the problems that could arise. Also the problems for the juvenile in present time frame as well as after they became of legal age that could arise later. Best bet would be to get a legal opinion from a experienced lawyer on these type of issues. Or maybe just wait till the person turns atleast 18yrs old. I understand you wish to help with the gifting of the weapon but is it worth the possible cocequencies. ......................... drill sgt.

 

[Fugum]

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 also allowed to steal food and medical supply’s woot any reproductions .. I’d say you good


and of course where i got info from for no copyright issues

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

I think you either have to identify as a victim, or are representing victims, real or imagined.

 

[Bigchillin83]

just my thinking... and im sure several of yall will tell me how wrong i am...

But....

If my son was 16, raised around guns his whole life, knows how to handle them,and very responsible, I would have no problem with my son carrying one in the car for self protection if needed, heck hes about to be 13 and carrys a 22 pistol all over our property like its 1900's... In all my years even with 16 years active chp, i have never had an officer ask to search my car.. Havent been in that position to have probable cause to even consider it... The car is an extension of your home, you can even conceal carry in your car from point a to point b with out a permit... Even if the situation happens, id tell my son to call me if he ever got stopped and i will say i used the car last night and got home late and left it in there by accident... Id like to think 99% of active officers understand the situation exspecially with a young girl out in todays world drivin home late from work ect..... My childrens life TRUMPS everybody elses life, period ... and as the common phrase goes .... I'd rather be judged by 12 than carried by 6

 

[Bigchillin83]

maybe consider a .410 pump with a pistol grip

Louisiana is one of only seven states that allow 17-year-olds to possess handguns, and the state does not have a minimum age to possess shotguns and rifles. Forty-three states do not allow minors to possess or purchase handguns under the age of 18, unless, in some states, their parents give written consent.


or just tell them she hunting

https://www.atf.gov/firearms/qa/may...or-ammunition-gift-juvenile-less-18-years-age

 

[flyboy]

I slept at a Holiday Inn last night. Does that make me smarter than you or not? Just asking!

 

[Bigchillin83]

Heck yea!!! As long as you got a *easy button* also

I slept at a Holiday Inn last night. Does that make me smarter than you or not? Just asking!

 

[charlie12]

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

I was kidding but it's like well if it can be in the home then it can be in the vehicle.

 

[Jstudz220]

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

I thought you were but maybe I am mistaken.

 

[honestlou]

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.

 

[MOTOR51]

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.

This^^^^


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[LACamper]

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.

While I think Lou is correct... that won't stop the average (or worse, below average) cop from incorrectly arresting her and having your niece spend a night in jail. She'd be cleared but it'd be unpleasant.

 

[ozarkpugs]

MOST cops are not anti gun and unless there was a crime involved the ones who would harass her for having a gun in the car would never know it was there , unless of course she was involved in an accident or the vehicle was broken into and she had to report it . As far as what is legal and what you can be arrested for and charged with they are not the same . Just watch the news , people are arrested when it's in the interest of the politicians for them to be and allowed to break the law when that is in the politicians best interest . I would rather bail my daughter out because she ran across that one jerk cop than identify her at the mourge.

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[Bigchillin83]

Bingo!!! You stayed at a holiday in express also didn’t you

MOST cops are not anti gun and unless there was a crime involved the ones who would harass her for having a gun in the car would never know it was there , unless of course she was involved in an accident or the vehicle was broken into and she had to report it . As far as what is legal and what you can be arrested for and charged with they are not the same . Just watch the news , people are arrested when it's in the interest of the politicians for them to be and allowed to break the law when that is in the politicians best interest . I would rather bail my daughter out because she ran across that one jerk cop than identify her at the mourge.

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[dantheman]

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)

.

Thank you for posting that . I've had that argument many times with people that believe it's true . Maybe a separate thread about the differences between vehicles and homes would be interesting . Anyone ?

 

[Magdump]

While I think Lou is correct... that won't stop the average (or worse, below average) cop from incorrectly arresting her and having your niece spend a night in jail. She'd be cleared but it'd be unpleasant.

Haha! I’ll take a payday off the city any day of the week!

 

[Bigchillin83]

Maybe I’m in the wrong neighborhoods... or the right one for that matter...., how many times has this happened to you fellas or ever hear of young girls getting pulled outta your car and searched and car searched ??? Not talking about 2am comming home from club, just normal commuting ... Lol you people

While I think Lou is correct... that won't stop the average (or worse, below average) cop from incorrectly arresting her and having your niece spend a night in jail. She'd be cleared but it'd be unpleasant.

 

[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.

 

[LACamper]

Maybe I’m in the wrong neighborhoods... or the right one for that matter...., how many times has this happened to you fellas or ever hear of young girls getting pulled outta your car and searched and car searched ??? Not talking about 2am comming home from club, just normal commuting ... Lol you people

Twice when I was younger. JPSO and Levee Board. JPSO was cool about it. Levee Board was another story... long time ago though.

 

[SouthernUnderGod]

Does anyone know the LA code citation for the “domicile extension (or not)” concept? I was told “yes” by an insurance adjuster (definitely NOT an attorney) who told me that is why my homeowner’s insurance covered the theft of items (including firearms) from my vehicle.


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[charlie12]

Does anyone know the LA code citation for the *domicile extension (or not)* concept? I was told *yes* by an insurance adjuster (definitely NOT an attorney) who told me that is why my homeowner’s insurance covered the theft of items (including firearms) from my vehicle.


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The only answer I've heard over the years the saying came from insurance and not guns. But people use the saying and run with it.