Firearms Access Question

This is a discussion on Firearms Access Question within the General Firearm Discussion forums, part of the Related Topics category; Originally Posted by SIXTO OK... Here we go. I'm not saying he can posses under 21, I dont know what CT says. I do know ...

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Thread: Firearms Access Question

  1. #31
    Member Array American Pit Bull's Avatar
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    Quote Originally Posted by SIXTO View Post
    OK... Here we go. I'm not saying he can posses under 21, I dont know what CT says. I do know that in the case given by the OP, the 19 year old is not possessing the gun. He is using it, sure, but thats not the same as possession.

    Originally Posted by American Pit Bull View Post
    Sec. 29-34(b) No person shall sell, barter, hire, lend, give, deliver or otherwise transfer (Dad didnt do any of these)to any person under the age of twenty-one years any pistol or revolver, except that a pistol or revolver may be temporarily transferred to any person only for the use by such person in target shooting or on a firing or shooting range, provided such use is otherwise permitted by law(I think self defense is permitted by law in CT isnt it?) and is under the immediate supervision of a person eligible to possess a pistol or revolver. (Dad is this person) Any person violating any provision of this subsection shall be guilty of a class D felony for which one year of the sentence imposed may not be suspended or reduced by the court.
    The OP asked about a worst case scenario in which the CT firearms code could possibly be used against him if his under 21 son used a handgun in self defense....

    The 19 year old, if he used the gun in self defense, was in no doubt "in possession" of the gun in order to operate it...
    Therefore, as you injected in the CT code above, the rightful owner would have allowed possession and either the son was lent the handgun or he stole it from his father...
    The embolden interjection about whether it was self defense doesn't apply in this worst case scenario...
    And the last embolden interjection only applies if the father is in "immediate supervision" of his son.

    Once again remember, he ask about a worst case scenario and the code that he posted clears him of the storage issue... However, it does not allow unsupervised possession by a 19 year old. Which would have to be the case if he used the firearm for any purpose, during any length of time. "Allowing access" and him "possessing" the handgun are two different things in some jurisdictions, and the two sections of code quoted in this thread highlight this fact.

    You have seen how state code can be twisted in the wind. And I am in no way agreeing with it.

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  3. #32
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    Quote Originally Posted by American Pit Bull View Post
    The OP asked about a worst case scenario in which the CT firearms code could possibly be used against him if his under 21 son used a handgun in self defense....

    The 19 year old, if he used the gun in self defense, was in no doubt "in possession" of the gun in order to operate it...
    Therefore, as you injected in the CT code above, the rightful owner would have allowed possession and either the son was lent the handgun or he stole it from his father...
    The embolden interjection about whether it was self defense doesn't apply in this worst case scenario...
    And the last embolden interjection only applies if the father is in "immediate supervision" of his son.

    Once again remember, he ask about a worst case scenario and the code that he posted clears him of the storage issue... However, it does not allow unsupervised possession by a 19 year old.

    OK, I see where your going with that. Using your logic though, everytime Dad left the house, he would be breaking the law because 19 year old would be in possession.
    If Dad leaves instruction to only use the pistol under certain legal circumstances, and the kid listens, Dad is in immediate supervision.
    If the kid is not responsible and take the pistol out to shoot stop signs, the Dad is not in control.

    I think a over zealous prosecutor could try to make a case of this, but it would be shot down rather quickly by any public defender worth a nickle. I personally wouldnt worry about it.
    "Just blame Sixto"

  4. #33
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    Quote Originally Posted by SIXTO View Post
    OK, I see where your with that. Using your logic though, everytime Dad left the house, he would be breaking the law because 19 year old would be in possession.(The two CT sections of code seem to differentiate "access" from "possession". Therefore possession could be argued to mean "physical possession")
    If Dad leaves instruction to only use the pistol under certain legal circumstances, and the kid listens, Dad is in immediate supervision.(Usually, "immediate supervision" is defined by the supervisor being present and directly supervising the subordinate.)

    I think a over zealous prosecutor could try to make a case of this, but it would be shot down rather quickly by any public defender worth a nickle. I personally wouldnt worry about it. (I agree)
    ....

  5. #34
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    I guess it boils down to legal definitions and Websters definitions. Control and possession are words often argued about in court.
    "Just blame Sixto"

  6. #35
    Member Array mslaughtertx's Avatar
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    Also, a lot of states have a provision that includes personal protection and property protecting. For example, the law in texas says that someone under the age of 21 cannot buy a firearm. However, someone under the age may use one in defense of ones self.

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    CT is a liberal craphole. If that kid ever uses it, even in self defense, dear old Dad will fry. I know...I used to live there.

    Check this out. I remember a case when I lived in CT where a 16 year old BROKE into someone's house and stole a firearm which was later recovered at a crime scene. The time from stealing the gun to it being recovered was less than a week. The homeowner was OUT OF TOWN and still was brought up on charges for "allowing" a minor access to handguns. Now, get this. The homeowner was out of town for TWO WEEKS and officers came to his house and arrested him (confiscated all of his other firearms, too) after he returned from his trip. No kidding.

    Apparently, even though this guy had an alarm system, in CT having your locked home invaded doesn't sufficiently "protect" rotten kids from handgun access.

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