The short answer to the question is yes, a minor can be charged with gun charges under both Pennsylvania and federal laws under certain circumstances. Those circumstances include willingly and knowingly possessing the gun and using it when there are no responsible adults or guardians supervising the use of the gun. If you or your minor child have received a gun charge, speak to a defense attorney in Philadelphia as soon as possible. Legal representation can make a major difference in the outcome of the charges that are brought.
How Pennsylvania Law Handles Charging Minors With Possession of a Firearm
The Statutes of Pennsylvania lay out how a minor is legally allowed to handle firearms or guns, and what constitutes illegal handling. The relevant section, § 6110.1, initially states that it’s illegal for a minor to have or transport a firearm anywhere in the state. However, there are exceptions to the law that recognize the fact that minors can undergo training for safe handling of a firearm or go hunting with a rifle under adult supervision.
Some of the circumstances where a supervised minor can legally handle a firearm include:
- Shooting competition
- Hunting or trapping
- Target shooting
- Transportation for legal use
- Firearm is unloaded
A minor who is using a gun or firearm while under supervision is unlikely to receive gun charges, but a minor who uses a gun without an adult present is more likely to receive gun charges, as is the parent.
What Happens When a Minor is Given a Gun by Their Parent or Guardian
The law recognizes the fact that a parent or guardian is going to be the party that gives a minor child a gun. However, the only lawful reason why such a transfer occurs is under the above-listed circumstances. A supervising adult has to give the firearm to the minor responsibly to teach them how to use it properly. When a firearm is handed to a minor in violation of these circumstances, gun charges can be brought against both minors and adults.
The elements in which an adult can be charged for giving a minor a firearm include being an adult who knowingly and/or intentionally delivers a firearm to a minor for any other purpose than what is legally allowed. Both you and your minor child can receive gun charges under these circumstances.
Federal Firearms Charges for Juveniles in Possession of a Firearm
Federal law uses the word juveniles instead of minors to define anyone under the age of 18. The federal laws for juveniles in possession of a firearm are minimal, but they do prohibit a juvenile from knowingly possessing a handgun and/or its ammunition. A juvenile can legally possess a rifle and its ammunition. If a juvenile is in possession of a handgun, but has no knowledge of it, no charges can be brought. That is, if an adult hides their handgun in their minor child’s belongings, the minor can’t be charged for possession.
Contact Us for Help With a Minor in Possession of a Firearm Charge Today
Our legal team at the Brennan Law Offices in Philadelphia consists of experienced criminal lawyers who fight vigorously for the rights of our clients. Bill Brennan, our principal lawyer, has been practicing criminal law for over 30 years and has developed a law firm with a reputation for being one of the best criminal law firms in Pennsylvania. We understand how receiving a criminal charge impacts your child’s life, and we’re ready to provide you and your child with the support both of you need in a court of law. Call us today for a consultation and to learn more about how we can help.