| Author | Post |
|---|
mattjohnston87
Regular Member
|
Posted: Sun Apr 22nd, 2007 05:44 pm |
|
Call me crazy but:
I believe the min age to OC is Montana is 14. I *think* this because 45-8-344 says that
It is unlawful for a parent, guardian, or other person having charge or custody of a minor child under the age of 14 years to permit the minor child to carry or use in public any firearms, except when the child is accompanied by a person having charge or custody of the child or under the supervision of a qualified firearms safety instructor or an adult who has been authorized by the parent or guardian.
It can be viewed at http://data.opi.state.mt.us/bills/mca/45/8/45-8-344.htm
So, do y'all think I'm missing something or what?
Matt
Last edited on Sun Apr 22nd, 2007 05:46 pm by mattjohnston87
|
Mike
Super Moderator
|
Posted: Sun Apr 22nd, 2007 06:03 pm |
|
That's the age for minors to possess long guns in VA - 14.
Maybe MT has another section covering handguns?
|
mattjohnston87
Regular Member
|
Posted: Sun Apr 22nd, 2007 06:03 pm |
|
Mike wrote: That's the age for minors to possess long guns in VA - 14.
Maybe MT has another section covering handguns?
It's possible, but I simply cannot find it. 
Matt
|
mattjohnston87
Regular Member
|
Posted: Sun Apr 22nd, 2007 06:19 pm |
|
I'm gonna say I'm 99% sure that it is 14 years of age.
I have scoured the legislative code for hours on end previous to this thread and have found nothing. Since it says firearms, and does not differentiate between long guns and handguns, I don't see why it wouldn't be 14 years of age.
Heck, the age to buy a firearm in Montana in a PRIVATE sale is 14 as well.
Matt
|
UTOC-45-44
Regular Member
| Joined: | Thu Feb 22nd, 2007 |
| Location: | Morgan, Utah USA |
| Posts: | 2582 |
| Status: |
Offline
|
|
Posted: Fri Jun 29th, 2007 10:16 pm |
|
mattjohnston87 wrote: Mike wrote: That's the age for minors to possess long guns in VA - 14.
Maybe MT has another section covering handguns?
It's possible, but I simply cannot find it.
Matt
in Utah...and I think that it would be the same in Montana. I will be looking too.
Utah Code Section 76-10-509
76-10-509. Possession of dangerous weapon by minor. (1) A minor under 18 years of age may not possess a dangerous weapon unless he: ...
http://www.le.state.ut.us/~code/TITLE76/htm/76_0C039.htm - 3k - [url=http://72.14.205.104/search?q=cache:kIQ1rAW-zJYJ:http://www.le.state.ut.us/~code/TITLE76/htm/76_0C039.htm+76-10-509&hl=en&ct=clnk&cd=1&gl=us]Cached[/url] - [url=http://www.google.com/search?hl=en&q=related:http://www.le.state.ut.us/~code/TITLE76/htm/76_0C039.htm]Similar pages[/url]
76-10-509. Possession of dangerous weapon by minor.
(1) A minor under 18 years of age may not possess a dangerous weapon unless he:
(a) has the permission of his parent or guardian to have the weapon; or
(b) is accompanied by a parent or guardian while he has the weapon in his possession.
(2) Any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult.
(3) Any person who violates this section is guilty of:
(a) a class B misdemeanor upon the first offense; and
(b) a class A misdemeanor for each subsequent offense.
Amended by Chapter 10, 1993 Special Session 2
Download Code Section Zipped WP 6/7/8 76_0C039.ZIP 1,855 Bytes
Utah Code Section 76-10-509.4
76-10-509.4. Prohibition of possession of certain weapons by minors. (1) A minor under 18 years of age may not possess a handgun. ...
http://www.le.state.ut.us/~code/TITLE76/htm/76_0C040.htm - 3k - [url=http://72.14.205.104/search?q=cache:KGfd776D-h4J:http://www.le.state.ut.us/~code/TITLE76/htm/76_0C040.htm+76-10-509.4&hl=en&ct=clnk&cd=1&gl=us]Cached[/url] - [url=http://www.google.com/search?hl=en&q=related:http://www.le.state.ut.us/~code/TITLE76/htm/76_0C040.htm]Similar pages[/url]
76-10-509.4. Prohibition of possession of certain weapons by minors.
(1) A minor under 18 years of age may not possess a handgun.
(2) Except as provided by federal law, a minor under 18 years of age may not possess the following:
(a) a sawed-off rifle or sawed-off shotgun; or
(b) a fully automatic weapon.
(3) Any person who violates Subsection (1) is guilty of:
(a) a class B misdemeanor upon the first offense; and
(b) a class A misdemeanor for each subsequent offense.
(4) Any person who violates Subsection (2) is guilty of a third degree felony.
Amended by Chapter 80, 1995 General Session
Download Code Section Zipped WP 6/7/8 76_0C040.ZIP 1,897 Bytes
|
Mattsbox99
Regular Member
|
Posted: Sun Oct 28th, 2007 09:55 pm |
|
| As a Montana Hunter Safety Instructor, the minimum age for a minor to be in posession is 12, and that is with an adult in the immediate area. In order to be in posession of a firearm without adult supervision is 14, thus the legal age to open carry is only 14. The minimum age to have a Concealed Carry permit is 18 in Yellowstone County
|
dave1289
Regular Member
|
Posted: Mon Oct 29th, 2007 04:19 am |
|
I thought that the Youth Handgun Safety Act made it illegal for anyone under 18 to carry or possess a handgun.
|
Mattsbox99
Regular Member
|
Posted: Mon Oct 29th, 2007 06:16 am |
|
| I'm under the impression that states set their own laws, and if the state has no law, the generally accepted law is that of the federal government.
|
MachOne.45ACP
Regular Member
|
Posted: Sat Jun 28th, 2008 04:29 am |
|
UTOC-45-44 wrote:
in Utah...and I think that it would be the same in Montana. I will be looking too.
Utah Code Section 76-10-509
76-10-509. Possession of dangerous weapon by minor.
(1) A minor under 18 years of age may not possess a dangerous weapon unless he:
(a) has the permission of his parent or guardian to have the weapon; or
(b) is accompanied by a parent or guardian while he has the weapon in his possession.
 That's funny right there, I don't care who you are:
Read between the lines! If a minor under 18 years of age has a dangerous weapon in his possession he does NOT need their permission as long as they are with him? DOH!
|
mountainman
Regular Member
|
Posted: Sat Jun 28th, 2008 08:13 am |
|
| I teach hunter safty and i do believe that anyone above the age of 14 w/out any pas prison convictions can oc.
|
MT GUNNY
Regular Member
|
Posted: Tue Jun 23rd, 2009 01:38 am |
|
A 14 year old or older with a Rifle would have to Follow state law, Whereas the same with a Handgun would have to be with in Federal Law!!
http://iweb.tntech.edu/cpardue/youthnotice.html
Last edited on Tue Jun 23rd, 2009 01:41 am by MT GUNNY
|
NavyLT
Regular Member
|
Posted: Wed Jun 24th, 2009 03:59 pm |
|
Montana law sets the minimum age requirements for rifle possession and the minimum age for possession of a handgun that is allowed under the exceptions of Federal Law. "Open carry" for defensive purposes is limited to 18+ by Federal law, 18 USC 922 (x). Notice (3)(A)(i),(ii),(iii), AND (iv) must ALL be met for lawful possession of a handgun by <18 years age.
(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.
|
IDAHO COWBOY
Regular Member
| Joined: | Thu Apr 30th, 2009 |
| Location: | |
| Posts: | 194 |
| Status: |
Offline
|
|
Posted: Thu Jun 25th, 2009 10:11 pm |
|
Take all this crapola and stick in the trash can then burn it, it is worthless and is in direct violation of the Second Amendment, the only Gun law needed in the entire nation.
The rest of the laws were made for "PEOPLE CONTROL" to control people not to control guns.
|
NavyLT
Regular Member
|
Posted: Thu Jun 25th, 2009 11:17 pm |
|
IDAHO COWBOY wrote: Take all this crapola and stick in the trash can then burn it, it is worthless and is in direct violation of the Second Amendment, the only Gun law needed in the entire nation.
The rest of the laws were made for "PEOPLE CONTROL" to control people not to control guns.
Sure, until you are a 16 year old kid who is at a party carrying his handgun and the cops show up because of a noise complaint. Then you can scream 2nd ammendment all the way to jail. I guess, according to your argument, there should be NO lower age limit on firearm possession? And if you think there should be a lower age limit, than what? 5? 6?
|
40s-and-wfan
Regular Member
|
Posted: Fri Jun 26th, 2009 03:47 am |
|
Well you gotta admit, there was a day and time where you didn't worry about a 5, 6, 8, 9 year old or however old going out and shooting squirrels, gophers or what-have-you like that. I remember, I was given my first .22 at about 5-years old. I didn't live in a place where I was able to go out and shoot it 'willy-nilly' so that was out of the question, but if circumstances permitted it would have been allowed by my parents! I miss those days.
|
IDAHO COWBOY
Regular Member
| Joined: | Thu Apr 30th, 2009 |
| Location: | |
| Posts: | 194 |
| Status: |
Offline
|
|
Posted: Fri Jul 17th, 2009 05:39 am |
|
NavyLT wrote: IDAHO COWBOY wrote: Take all this crapola and stick in the trash can then burn it, it is worthless and is in direct violation of the Second Amendment, the only Gun law needed in the entire nation.
The rest of the laws were made for "PEOPLE CONTROL" to control people not to control guns.
Sure, until you are a 16 year old kid who is at a party carrying his handgun and the cops show up because of a noise complaint. Then you can scream 2nd ammendment all the way to jail. I guess, according to your argument, there should be NO lower age limit on firearm possession? And if you think there should be a lower age limit, than what? 5? 6?
LT, yes you are 100% or 1000% correct, I am saying exactly that, there should be NO lower age limit on the firearm possession ! Why, because The Constitution of the United States of America, Bill of Rights, Second Amendment, says "shall not be infringed". Read your Oath of Office LT, Protect and Defend the Constitution against all enemies foreign and domestic, as far as I am concerned anyone (which is each and every Citizen of the USA) and at any level in govt or non-govt that does not live daily by the Oath they swore or pledged to is a traitor, liar, and not an American, whether just talking, passing a law, supporting a law, or enforcing a law that is at odds with the Constitution to any degree, I make no exceptions for no one for no reason.
Back to question, it is the family's job not the govt's job, to make these kind of decisions.
The first Gun Control laws and all Gun Control laws since, for better 230 years or so, even back to Plymouth Rock in 1620, nearly 400 years ago, have been about PEOPLE CONTROL, to control Black Slaves both in the North and the South then to control Whites in the South after the Civil War or War of Northern Aggression (the War was fought about State Rights not Slavery - both the North and the South has Slaves and Slaves fought on both sides during the War) then to continue to control the entire population of the USA and so it continues today.
Only good people obey these UN-Constitutional laws, bad people do not care about these laws - they could care less about the laws so these laws only leave the good people defenseless.
I will see if I can find the link I read yesterday or today about a 12 year boy in his house with his younger brothers and sisters, break-in progress, he takes everyone to his parents bedroom, locks the door, bad guy trys to break in to the bedroom, 12 year fires one round of 357 MAG through the door, killing the bad guy, Peace Officers arrive, declared a good shooting ! His Parents trained him and his younger brothers and sisters. No one said anything about his age !
I trained my kids, my kids are training their kids, my grand parents trained my Mother and Father.
Yes and before 1968, I legally walked into Hardware Stores as a young teenager, laid down cash, and walk out with any gun I wanted (more correctly could afford as kid working on Ranch doing a man's job every day - Cowboying horses and cattle) - with no frigging illegal against the Constitution paperwork, and guess what - neither I or my guns have commited even one small crime in all these years, frigging amazing !
The A does not work never has, the T does not work never has, the F does not work never has - Bad People just do not care - why should they - the guns are simply "tools" of their chosen "trade or job" - no tool no job, it is just that simple. So what we have is a bunch of people with high paying jobs basically accomplishing nothing but building a smoke screen, just like TSA Security "on the ground" - it's all "eye wash", "ice'ing on the cake", "window dressing", accomplishes nothing just looks pretty or purty. I do think the "E" is important.
I am beginning to think you are a troll after reading many of your posts. You lay out the law clear enough, maybe too clear, you always defend the these laws, I just think you need to study the Constitution as well, then you might as I do think all these laws are illegal since they conflict with the Constitution.
|
NavyLT
Regular Member
|
Posted: Fri Jul 17th, 2009 02:49 pm |
|
IDAHO COWBOY wrote: NavyLT wrote: IDAHO COWBOY wrote: Take all this crapola and stick in the trash can then burn it, it is worthless and is in direct violation of the Second Amendment, the only Gun law needed in the entire nation.
The rest of the laws were made for "PEOPLE CONTROL" to control people not to control guns.
Sure, until you are a 16 year old kid who is at a party carrying his handgun and the cops show up because of a noise complaint. Then you can scream 2nd ammendment all the way to jail. I guess, according to your argument, there should be NO lower age limit on firearm possession? And if you think there should be a lower age limit, than what? 5? 6?
I will see if I can find the link I read yesterday or today about a 12 year boy in his house with his younger brothers and sisters, break-in progress, he takes everyone to his parents bedroom, locks the door, bad guy trys to break in to the bedroom, 12 year fires one round of 357 MAG through the door, killing the bad guy, Peace Officers arrive, declared a good shooting ! His Parents trained him and his younger brothers and sisters. No one said anything about his age !
Nobody said anything about his age because his actions were perfectly legal under all laws as they are currently written.
|
Current time is 07:09 am | |
|
|
|
