YOUTH HANDGUN
SAFETY ACT NOTICE
(1)
The misuse of handguns is a leading
contributor to juvenile violence and fatalities.
(2)
Safely storing and securing firearms away from
children will help prevent the unlawful possession of handguns by juveniles, stop
accidents, and save lives.
(3)
Federal law prohibits, except in certain
limited circumstances, anyone under 18 years of age from knowingly possessing a
handgun, or any person from selling, delivering, or otherwise transferring a
handgun to a person under 18.
(4)
A knowing violation of the prohibition
against selling, delivering, or otherwise transferring a handgun to a person under the age of 18 is,
under certain circumstances, punishable by up to 10 years in prison.
FEDERAL
LAW
The Gun Control Act of 1968, 18 U.S.C. Chapter 44, provides in pertinent part as follows:
18
U.S.C. 922(x)
(x)(1) It shall be unlawful for a
person to sell, deliver, or otherwise transfer to a person who the transferor
knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition
that is suitable for use only in a handgun.
(2) It shall be unlawful for any
person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition
that is suitable for use only in a handgun.
(3) This subsection does not apply
to—
(A) a temporary transfer of a
handgun or ammunition to a juvenile or to the possession or use of a handgun or
ammunition by a juvenile if the handgun and ammunition are possessed and used
by the juvenile—
(i) in the course of employment,
in the course of ranching or farming related to activities at the residence of
the juvenile (or on property used for ranching or farming at which the
juvenile, with the permission of the property owner or lessee, is performing
activities related to the operation of the farm or ranch), target practice,
hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written
consent of the juvenile’s parent or guardian who is not prohibited by Federal,
State, or local law from possessing a firearm, except—
(I) during transportation by the
juvenile of an unloaded handgun in a locked container directly from the place
of transfer to a place at which an activity described in clause (i) is to take
place and transportation by the juvenile of that handgun, unloaded and in a
locked container directly from the place at which such an activity took place
to the transferor; or
(II) with respect
to ranching or farming activities as described in clause
(i), a juvenile may possess and
use a handgun or ammunition with the prior written approval of the juvenile’s
parent or legal guardian and at the direction of an adult who is not prohibited
by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior
written consent in the juvenile’s possession at all times when a handgun is in
the possession of the juvenile; and
(iv) in accordance with State and
local law;
(B) a juvenile who is a member of
the Armed Forces of the United States or the National Guard who possesses or is
armed with a handgun in the line of duty;
(C) a transfer by inheritance of
title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or
ammunition by a juvenile taken in defense of the juvenile or other persons
against an intruder into the residence of the juvenile or a residence in which
the juvenile is an invited guest.
(4) A handgun or ammunition, the
possession of which is transferred to a juvenile in circumstances in which the
transferor is not in violation of this subsection shall not be subject to
permanent confiscation by the Government if its possession by the juvenile
subsequently becomes unlawful because of the conduct of the juvenile, but shall
be returned to the lawful owner when such handgun or ammunition is no longer
required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this
subsection, the term “juvenile” means a person who is less than 18 years of
age.
(6)(A) In a prosecution of a
violation of this subsection, the court shall require the presence of a
juvenile defendant’s parent or legal guardian at all proceedings.
(B) The court may
use the contempt power to enforce subparagraph (A).
(C) The court may excuse
attendance of a parent or legal guardian of a juvenile defendant at a
proceeding in a prosecution of a violation of this subsection for good cause
shown.
18 U.S.C. 924(a)(6)
(6)(A)(i) A juvenile who violates
section 922(x) shall be fined under this title, imprisoned not more than 1
year, or both, except that a juvenile described in clause (ii) shall be
sentenced to probation on appropriate conditions and shall not be incarcerated
unless the juvenile fails to comply with a condition of probation.
(ii) A juvenile is
described in this clause if—
(I) the offense of which the
juvenile is charged is possession of a handgun or ammunition in violation of
section 922(x)(2);and
(II) the juvenile has not been
convicted in any court of an offense (including an offense under section 922(x)
or a similar State law, but not including any other offense consisting of
conduct that if engaged in by an adult would not constitute an offense) or
adjudicated as a juvenile delinquent for conduct that if engaged in by an adult
would constitute an offense.
(B) A person other than a juvenile
who knowingly violates section 922(x)—
(i) shall be fined
under this title, imprisoned not more than 1 year, or both; and
(ii) if the person sold,
delivered, or otherwise transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that the juvenile intended to carry
or otherwise possess or discharge or otherwise use the handgun or ammunition in
the commission of a crime of violence, shall be fined under this title,
imprisoned not more than 10 years, or both.
If you have any questions,
contact:
Bureau of Alcohol, Tobacco,
Firearms and Explosives 99 New York Avenue NE Washington, DC 20226 Phone: (202)
648–7190
OR
Visit our web site at www.atf.gov
ATF Information 5300.2 Revised July 2017