Gifting to Child

[GMack_1]

Can I legally gift a newly purchased 9mm pistol to my 16 yr. old son for Xmas? It would be his to keep. Any laws involved here?

 

[bloodandgutsmurphy]

I think state law says he need to be 18

 

[jwh20]

Indiana law requires a person to be 18 to apply for a LTCH. They must be 21 to purchase a handgun. I am not aware of any Indiana statute regarding ownership.

You might review IC 35-47-2.5-14 about what is legal as far as handling a firearm or handgun but under the proper circumstances, it should be all legal.

 

[Dirtebiker]

I think state law says he need to be 18

Wrong

 

[Dirtebiker]

Can I legally gift a newly purchased 9mm pistol to my 16 yr. old son for Xmas? It would be his to keep. Any laws involved here?

Yes, you can give your child of any age a gun of any caliber.
ps. Do you want to adopt me?

 

[Jeremy1066]

Straw purchase! ! !

 

[GMack_1]

Here is my understanding. Someone tell me if I'm wrong:
Indiana licensing is not required for the possession of firearms, whether it be a rifle, shotgun, or handgun. However, there are certain regulations that exist imposed by Indiana law regarding the possession of firearms by a minor: A minor may be in possession of a firearm while attending a hunting course or firearms safety class, while under the supervision of a qualified or certified instructor. If the minor is engaged in target shooting at an authorized location under the supervision of a qualified person, it is legal under Indiana law. If the minor is engaged in the practice of hunting or trapping with the appropriate license, then possession is permitted. If the minor is on the premises of his/her home, with the permission of a parent or guardian. If the minor is on property that is owned or controlled by the parent or guardian, then possession is lawful. - See more at: Indiana Gun Laws

 

[88E30M50]

I've gifted firearms to my sons when they were much younger than 16. As long as everything is kept in the family and all logical supervision requirements are met, there is nothing wrong with it.

 

[Kirk Freeman]

GMack, you need to look at 35-47-10-1, et seq.

By "his to keep", you mean on your property, yes?

 

[88GT]

My 8y/o and 5y/o have their own ARs.

 

[SteveM4A1]

Can I legally gift a newly purchased 9mm pistol to my 16 yr. old son for Xmas? It would be his to keep. Any laws involved here?

Hi Dad, I will take that pistol.

 

[Ruffnek]

My understanding is that you "own" it until he becomes an adult.The best way to think of it is this: If there were gun registry in Indiana(thank the Lord that there isn't) it would be registered to you and you could re-register it to him when he becomes an adult and a "proper person" under Indiana law.You "own" it on paper(if there were a registry) but he is responsible for it and you are responsible for him.

Disclaimer: I AM NOT,IN ANY WAY,SHAPE,OR FORM,IN FAVOR OF A GUN REGISTRY.This is just a good way that helps to explain my point.

 

[kludge]

Man, I miss the old non-pdf legislative web site... but here you go... italics and underlining is my own...basically it says, if you're the parent you can give a kid a handgun, or if you are an adult acting within the law (Chapter 10 specifies which activities are legal) you're OK.

IC 35-47-2-7 Prohibited sales or transfers of ownership
Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10 (governing children and firearms), a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under eighteen (18) years of age.
(b) A person who knowingly or intentionally sells, gives, or in any other manner transfers the ownership or possession of a handgun to another person who the person knows:
(1) is ineligible for any reason other than the person's age to purchase or otherwise receive from a dealer a handgun; or
(2) intends to use the handgun to commit a crime; commits criminal transfer of a handgun, a Level 5 felony. However, the offense is a Level 3 felony if the other person uses the handgun to commit murder (IC 35-42-1-1).

Chapter 10 lists reasons for which a person other than a parent is allowed to provide a gun to a child... Section 7 says that parents aren't exempted from prosecution when they should have known better than to give guns to some kids...

Also note... although kids cant get handgun licenses, they are allowed by statute to transport them to an from the approved activities listed below...

IC 35-47-10-1 Application and exemptions
Sec. 1. (a) This section does not apply to section 7 of this chapter.
(b) Except as provided in subsection (c), this chapter does not apply to the following:
(1) A child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course.
(2) A child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or supervised by:
(A) a qualified firearms instructor; or
(B) an adult who is supervising the child while the child is at the range.
(3) A child engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance.
(4) A child who is hunting or trapping under a valid license issued to the child under IC 14-22.
(5) A child who is traveling with an unloaded firearm to or from an activity described in this section.
(6) A child who:
(A) is on real property that is under the control of the child's parent, an adult family member of the child, or the child's legal guardian; and
(B) has permission from the child's parent or legal guardian to possess a firearm.
(7) A child who:
(A) is at the child's residence; and
(B) has the permission of the child's parent, an adult family member of the child, or the child's legal guardian to possess a firearm.
(c) This chapter applies to a child, and to a person who provides a firearm to a child, if the child:
(1) is ineligible to purchase or possess a firearm for any reason other than the child's age; or
(2) if the child intends to use a firearm to commit a crime.


IC 35-47-10-7 Permitting child to possess a firearm
Sec. 7. A child's parent or legal guardian who knowingly, intentionally, or recklessly permits the child to possess a firearm:
(1) while:
(A) aware of a substantial risk that the child will use the firearm to commit a felony; and
(B) failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or
(2) when the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult; commits dangerous control of a child, a Level 5 felony. However, the offense is a Level 4 felony if the child's parent or legal guardian has a prior conviction under this section.

Edited to add... "Loaded" for a child means:

IC 35-47-10-4 "Loaded" defined
Sec. 4. As used in this chapter, "loaded" means having any of the following:
(1) A cartridge in the chamber or cylinder of a firearm.
(2) Ammunition in close proximity to a firearm so that a person can readily place the ammunition in the firearm.

 

[rxer]

My son has 3 guns 2 rifles and a shotgun he's received for christmas or birthday, but they're locked in safe unless we're shooting. I wouldn't want him going around with them until he was 18. Not sure about handgun, but seems like he'd have to be 21 to have it. Any other time, he's with me so it isn't an issue.

 

[Ruffnek]

a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under eighteen (18) years of age.

We actually have the words "assault weapon" on our books in this free state? Does this bother anyone else?

 

[kludge]

Yup it bothers me greatly... it's vestigial code that never got removed when the AWB went bye bye.

There is no longer even a definition for "assualt weapon" in the code.

 

[Fixer]

Just don't try to buy a handgun for your daughter from Dunhams. Was looking there the other day with the wife for my daughter and was informed by the sales person that their store policy forbids them from doing it even though it is legal to do so. I wasn't actually going to as the Sig Mosquito i was looking at was considerably cheaper at ZX in Ft. Wayne.

 

[ATM]

My son has 3 guns 2 rifles and a shotgun he's received for christmas or birthday, but they're locked in safe unless we're shooting. I wouldn't want him going around with them until he was 18. Not sure about handgun, but seems like he'd have to be 21 to have it. Any other time, he's with me so it isn't an issue.

He can purchase an Indiana permission slip to carry a handgun at age 18.

The age 21 thing is merely a restriction upon federally licensed dealers selling handguns.