No self defense for minors with a handgun??

[ARCHIVED THREAD] - No self defense for minors with a handgun??

Posted: 9/17/2009 11:38:40 AM EDT

NC General Statutes

§ 14‑269.7. Prohibitions on handguns for minors.

(a) Any minor who possesses or carries a handgun is guilty of a Class 2 misdemeanor.

(b) This section does not apply:

(1) To officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.

(2) To a minor who possesses a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.

(3) To an emancipated minor who possesses such handgun inside his or her residence.

(4) To a minor who possesses a handgun while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.

(c) The following definitions apply in this section:

(1) Handgun. – A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.

(2) Minor. – Any person under 18 years of age. (1993, c. 259, s. 1; 1994, Ex. Sess., c. 14, s. 5; 1993 (Reg. Sess., 1994), c. 597, s. 1.)

So could a minor use a handgun to defend themselves?

Posted: 9/17/2009 11:44:30 AM EDT

[#1]

Quoted:

NC General Statutes

§ 14‑269.7. Prohibitions on handguns for minors.

(a) Any minor who possesses or carries a handgun is guilty of a Class 2 misdemeanor.

(b) This section does not apply:

(1) To officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.

(2) To a minor who possesses a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.

(3) To an emancipated minor who possesses such handgun inside his or her residence.

(4) To a minor who possesses a handgun while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.

(c) The following definitions apply in this section:

(1) Handgun. – A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.

(2) Minor. – Any person under 18 years of age. (1993, c. 259, s. 1; 1994, Ex. Sess., c. 14, s. 5; 1993 (Reg. Sess., 1994), c. 597, s. 1.)

So could a minor use a handgun to defend themselves?

Sure, as long as they fall under 1), 2), 3) and 4) above.

Posted: 9/17/2009 11:46:01 AM EDT

[#2]

I'm not a lawyer and this isn't legal advice, that said if it is justified under NC law (meets the 4 requirements) a minor would OK as far as the shooting goes but the parent or guardian could face charges for letting the child access the weapon if they weren't present. The prosecutor may be able to argue that a minor isn't able to satisfy the "reasonable man doctrine" and maybe "whether they were in imminent danger" but that would really depend on the minor's age and the specifics of the case.

Posted: 9/17/2009 11:46:36 AM EDT

[#3]

So if they do not fall under the exemptions, they could not?

Posted: 9/17/2009 11:49:11 AM EDT

[#4]

Quoted:
So if they do not fall under the exemptions, they could not?

Any DA that tried to charge a minor with illegal possession after the kid is no-billed for manslaughter or homicide, would get an eight-lane highway paved straight through his slacks and right up his ass.

Posted: 9/17/2009 12:15:14 PM EDT

[#5]

According to the law, they cannot use it since "self defense" does not fall under the four exceptions.

In the chapter dealing with Deadly force there may be an address about other circumstances that make it OK. But Just going off what you posted, it'd be illegal.

But would you rather have a dead 16 year-old or a living with one that may have a misdemeanor charge.

In a legitimate SD the misdemeanor charge would most likely be dropped due to extenuating circumstances(Self defense).