Posted: 7/21/2010 10:15:46 AM EDT
[#10]
Quoted:...its illegal to loan a firearm to a minor who is being treated by a shrink. Even parents are not allowed to do it.
Can you site code or a relavent court case? I am 99.99% sure that is Bolvine Scat. You are right....looks like a person over 21, who is prohibited, can not loan a firearm to a minor, but no mention of the minor seeing a shrink is a prohibited person.... I take that back. I was told (without researching) that minors seeing a mental health doctor are a prohibited class. They are not without first the doctor placing them into that class and that only relates to ammo and High capacity magazines...i didnt research AWs, but I bet it is as well. 12001....GENERAL PROVISIONS
...(c) As used in Sections 12021, 12021.1, 12070, 12071, 12072, 12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, the term "firearm" includes the frame or receiver of the weapon. ...(k) For purposes of Sections 12021, 12021.1, 12025, 12070, 12072, 12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, notwithstanding the fact that the term "any firearm" may be used in those sections, each firearm or the frame or receiver of the same shall constitute a distinct and separate offense under those sections.
- 12101. (a)(1) A minor shall not possess a pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Paragraph (1) shall not apply if one of the following circumstances exists:
(A) The minor is accompanied by his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves this use of a firearm.
(B) The minor is accompanied by a responsible adult, the minor has the prior written consent of his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(C) The minor is at least 16 years of age, the minor has the prior written consent of his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(D) The minor has the prior written consent of his or her parent or legal guardian, the minor is on lands owned or lawfully possessed by his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(b)(1) A minor shall not possess live ammunition.
(2) Paragraph (1) shall not apply if one of the following circumstances exists:
(A) The minor has the written consent of his or her parent or legal guardian to possess live ammunition.
(B) The minor is accompanied by his or her parent or legal guardian.
(C) The minor is actively engaged in, or is going to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, the nature of which involves the use of a firearm.
(e) As used in this section, "responsible adult" means a person at least 21 years of age who is not within a class of persons prohibited from owning or possessing firearms by virtue of Section 12021 or 12021.1 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code.
(f) It is not the intent of the Legislature in enacting the amendments to this section or to Section 12078 to expand or narrow the application of current statutory or 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.
For AMMO and Hi-cap mags...
12316. (a)(1) Any person, corporation, or dealer who does either of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment and fine:
(b)(1) No person prohibited from owning or possessing a firearm under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition.
2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.
(3) A violation of this subdivision is punishable by imprisonment in a county jail not to exceed one year or in the state prison, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment.
12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:....
(22) The loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine is not prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.
......... So it looks like unless the minor is
1) on a 6 month weapon hold by court for statements made to a shrink,
2) or a shrink has determined this...(f) "Danger to self," as used in subdivision (a), means a voluntary person who has made a serious threat of, or attempted suicide with the use of a firearm or other deadly weapon.
Then its ok to let them use a firearm and ammo even if seeing a shrink.
But heres the problem with that....I talked to the parents and didnt even know the girl was seeing a shrink. I would hope a parent who knows their kid has attempted suicide or has made statements to a shrink about suicide will not let their kid go shooting.
What about when a parent thinks, "oh hell it was 5 months ago Johnny told us he wanted to die...he is much better now and the Doctor even said so."
Best to talk to the parents about the maturity and mindset of the kid.
|