Legality of Child in possession of firearm.

[John Monroe]

I would not be so confident that a real firearm receiver that could shoot real ammunition if it only had the barrel swapped out or an obstruction removed from the barrel could not possibly be considered a firearm.

For what purpose? Under what law would it matter whether something that is not a firearm could be converted into a firearm, if only it were different?

Ditto for a replica firearm which is nonetheless dangerous due to the risk of being mistaken by the public and perceived as a real firearm.

What? Now toy guns are firearms if they look good enough? My TV remote is a firearm because I could turn it into one by adding a receiver and a barrel and a trigger group, and a magazine, and, well, everything needed to make a firearm.

While our GA gun laws don't set a bright-line minimum age for a child to possess a rifle, depending on the circumstances of the possession and the age and maturity of the child such conduct could run afoul of other Code sections concerning reckless conduct, child endangerment, a child being "deprived" of effective parental supervision.

Maybe, but then that's not dependent on whether it is a firearm, is it?

 

[FreedomUSMC]

I asked a USSCA lawyer. She said a firearm converted to a blank firing only gun is STILL a firearm by federal law. It still ignites a primer, still emit fragments, and can easily be converted back to a fully functioning firearm. It’s a firearm.

 

[John Monroe]

I asked a USSCA lawyer. She said a firearm converted to a blank firing only gun is STILL a firearm by federal law. It still ignites a primer, still emit fragments, and can easily be converted back to a fully functioning firearm. It’s a firearm.

Yes, as I have said repeatedly, it is a firearm under federal law, but not under Georgia law. And if the question is about providing it to a minor, there are no federal laws about that. So we've been discussing whether it is a firearm under GA law, and it is not.

 

[FreedomUSMC]

Yes, as I have said repeatedly, it is a firearm under federal law, but not under Georgia law. And if the question is about providing it to a minor, there are no federal laws about that. So we've been discussing whether it is a firearm under GA law, and it is not.

"it is a firearm under federal law, but not under Georgia law"

What? lol. The ATF sets guidelines that all states follow. If it's a firearm by ATF laws then it's a firearm in every state. Name one state that sets there own ATF regulations.

There is no minimum age for the possession of long guns or long gun ammunition under federal law. So, yes a minor can have a long rifle. However, a single law by itself can be undermined/ hindered by other laws and ordinances so we have to consider those laws as well. It's legal to give him the gun but that doesn't guarantee his parents can't get into any legal troubles. Other laws, such as endangering a minor, can be a factor. We all know some people don't mind their business and will call the cops. And we know some cops will find any excuse to give us a citation.

 

[gh1950]

What? lol. The ATF sets guidelines that all states follow. If it's a firearm by ATF laws then it's a firearm in every state. Name one state that sets there own ATF regulations

A black powder muzzle loading gun is not a firearm under federal law. A felon can buy, own and shoot a black powder gun and not be in violation of federal law.

The same gun is considered a firearm under Georgia law. A felon violates Georgia state law if he buys, own, or shoots a black powder gun. This premise is one of the basis of the story line of the Dukes of Hazard, where the boys could only shoot bows, which is the case in Georgia.

There are states that follow the federal rule, and allow felons to own a black powder gun- it's a state to state decision.

The same might be said of Class 3 weapons. ATF allows the ownership of them all - i.e defines them all as legal firearms. Some states don't allow the ownership of some or any of them - i.e. defines them as illegal firearms, or not firearms at all.

 

[John Monroe]

A black powder muzzle loading gun is not a firearm under federal law. A felon can buy, own and shoot a black powder gun and not be in violation of federal law.

The same gun is considered a firearm under Georgia law. A felon violates Georgia state law if he buys, own, or shoots a black powder gun.

Correct.

GH1950, we have a federalized system in this country, whereby both the U.S. Government and the individualized states are both separate sovereigns. The separate sovereigns are free to make their own laws, even conflicting laws, and the people are obligated to abide by the constitutional laws of both sovereigns, unless it is impossible to obey both sovereigns. In such a case, one need only obey the U.S. sovereign (because of the supremacy clause of the U.S. Constitution).

 

[FreedomUSMC]

A black powder muzzle loading gun is not a firearm under federal law. A felon can buy, own and shoot a black powder gun and not be in violation of federal law.

The same gun is considered a firearm under Georgia law. A felon violates Georgia state law if he buys, own, or shoots a black powder gun. This premise is one of the basis of the story line of the Dukes of Hazard, where the boys could only shoot bows, which is the case in Georgia.

There are states that follow the federal rule, and allow felons to own a black powder gun- it's a state to state decision.

The same might be said of Class 3 weapons. ATF allows the ownership of them all - i.e defines them all as legal firearms. Some states don't allow the ownership of some or any of them - i.e. defines them as illegal firearms, or not firearms at all.

That's my point. The states can make laws more strict than federal laws, but not the other way around. By law we have to abide by the stricter law. Same for Class 3. A state can't say residents can have anything that the federal government bans. It doesn't matter what the state says.

 

[GAgunLAWbooklet]

Georgia's laws treat an M-16 with a three round burst feature (but no true fully automatic capability) as a standard sporting rifle --not restricted any more than a lever-action deer gun.

The FEDS say 2-shot bursts, three shot bursts and any other type of repeat firing from a single pull of the trigger is a machine gun subject to the national firearms act.

So... you obey the stricter law. The feds' law.

 

[gh1950]

That's my point. The states can make laws more strict than federal laws, but not the other way around. Same for Class 3. A state can't say residents can have anything that the federal government bans.

You are missing the point on the original question.

In the context of the original question, it's irrelevant whether the item is a firearm or not. There are no federal laws on child endangerment, reckless conduct, etc. Whether or not giving the child a firearm or non-firearm violates the law is a matter of state law. Giving the child an air gun may constitute child endangerment in the right circumstances. Given that in Georgia, anything can be considered a "weapon", it's going to be hard to draw a bright line.

 

[FreedomUSMC]

You are missing the point on the original question.

In the context of the original question, it's irrelevant whether the item is a firearm or not. There are no federal laws on child endangerment, reckless conduct, etc. Whether or not giving the child a firearm or non-firearm violates the law is a matter of state law. Giving the child an air gun may constitute child endangerment in the right circumstances. Given that in Georgia, anything can be considered a "weapon", it's going to be hard to draw a bright line.

I was responding to the one guy arguing that a firearm with the barrel plugged is not a firearm. I literally said that it's not the federal laws so much as the other state laws that can cause issues. While it may be completely legal too do, the parents may run into other issues.