HB0061 Bland, Mary

P R E F I L E D

HB 61 -- Concealable Firearm Offenses

This bill creates 3 new crimes relating to concealable firearms.

(1) Possession of a concealable firearm by a person less than 18 years old is a class B misdemeanor. A person under 18 years old commits this crime if he or she knowingly has a concealable firearm in his or her possession. This bill establishes exceptions to this crime. Any person under 17 years old who is taken into the custody of a law enforcement officer for committing this crime will be placed in the temporary custody of the juvenile court.

(2) Unlawfully providing a concealable firearm to a person less than 18 years old is a class D felony. A person commits this crime if he or she intentionally, knowingly, or recklessly provides, sells, leases, loans, exchanges or otherwise transfers a concealable weapon with or without remuneration to a person who is under 18 years old.

(3) Unlawfully permitting a child less than 18 years old to possess a concealable firearm is a class D felony. A parent or guardian commits this crime if he or she either:

ÿÿÿÿ(a) intentionally, knowingly, or recklessly provides, sells, leases, loans, exchanges, or otherwise transfers a concealable firearm to a person less than 18 years old or permits such person to possess a concealable firearm even though he or she is aware of a substantial risk that the person under 18 years old will use a concealable firearm to commit a felony offense and fails to make reasonable efforts to prevent the commission of the offense; or

ÿÿÿÿ(b) provides or permits any person under 18 years old who has been convicted of a dangerous felony or has been adjudicated in the juvenile court for an offense which would have been a dangerous felony if committed by an adult.

A person does not commit the crime of transferring a concealable firearm without a permit if the person transfers the concealable firearm to a person less than 18 years old who:

(1) uses the firearm to participate in a hunter's or firearm safety course;

(2) uses the firearm to practice using a firearm or target shooting at a range or an area where the discharge of a gun is not prohibited;

(3) uses the firearm to participate in an organized activity involving the use of a concealable firearm;

(4) uses the firearm to trap or hunt pursuant to a valid license;

(5) uses the firearm on real property under the supervision of a parent, legal guardian or grandparent of the person and the supervising parent, legal guardian or grandparent gives his or her permission; or

(6) travels with the firearm to or from any of the above activities with no cartridge in the chamber of the concealable firearm or no cartridge in the cylinder if it is a revolver.