A minor is a person under 18 years old
It is LEGAL to:
- Purchase a firearm as a gift for a minor
- Sell a firearm to a minor ONLY if the minor is accompanied by a parent or guardian as described in 76-10-509.9.
We still do not recommend this
It is ILLEGAL for a minor to be in possession of:
- A firearm unless the minor has the permission of, or is accompanied by, a parent or guardian while they have the weapon in their possession as described in 76-10-509.
- A handgun as described in 76-10-509.4.
EXEMPTIONS
It is LEGAL for a minor to possess a firearm, as described in 76-10-512Â if:
- At lawfully operated target concessions at amusement parks, piers, and similar locations if firearms are firmly chained or affixed to the counters
- Attending a hunter’s safety or firearm safety course*
- At an established range or other areas where the discharge is not prohibited by state or local law*
- For a competition including participating in or practicing for the competition*
- On a property with the permission of the owner, licensee, or lessee of the property and has permission from their parent or legal guardian or the owner, licensee, or lessee of the property*
- Resident or nonresident hunter with a valid hunting license*
- Traveling to or from the activity described above “*” with an unloaded firearm in the person’s possession.
See State law 76-10-512 and Federal law 18 U.S.C. §922(x) below for exceptions from prohibitions
State Laws
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.
76-10-509.4. Prohibition of possession of certain weapons by minors.
(1) An individual who is under 18 years old may not possess a handgun.
(2) Except as provided by federal law, an individual who is under 18 years old may not possess the following:
(a) a short barreled rifle;
(b) a short barreled shotgun;
(c) a fully automatic weapon; or
(d) a machinegun firearm attachment.
(3) An individual 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) An individual who violates Subsection (2) is guilty of a third degree felony.
76-10-509.5. Penalties for providing certain weapons to a minor.
(1) Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of Section 76-10-509.4 is guilty of:
(a) a class B misdemeanor upon the first offense; and
(b) a class A misdemeanor for each subsequent offense.
(2) Any person who transfers in violation of applicable state or federal law a short barreled rifle, short barreled shotgun, or fully automatic weapon to a minor is guilty of a third degree felony.
76-10-509.6. Parent or guardian providing firearm to violent minor.
(1) A parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor who has been convicted of a violent felony as defined in Section 76-3-203.5 or any minor who has been adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult.
(2) Any person who violates this section is guilty of:
(a) a class A misdemeanor upon the first offense; and
(b) a third degree felony for each subsequent offense.
76-10-509.7. Parent or guardian knowing of minor's possession of dangerous weapon.
Any parent or guardian of a minor who knows that the minor is in possession of a dangerous weapon in violation of Section 76-10-509 or a firearm in violation of Section 76-10-509.4 and fails to make reasonable efforts to remove the firearm from the minor's possession is guilty of a class B misdemeanor.
76-10-509.9. Sales of firearms to juveniles.
(1) A person may not sell any firearm to a minor under 18 years of age unless the minor is accompanied by a parent or guardian.
(2) Any person who violates this section is guilty of a third degree felony.
76-10-512. Target concessions, shooting ranges, competitions, and hunting excepted from prohibitions.
(1) The provisions of Section 76-10-509 and Subsection 76-10-509.4(1) regarding possession of handguns by minors do not apply to any of the following:
(a) patrons firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided that the firearms to be used are firmly chained or affixed to the counters;
(b) any person in attendance at a hunter's safety course or a firearms safety course;
(c) any person engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law;
(d) any person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;
(e) any minor under 18 years of age who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law;
(f) any resident or nonresident hunters with a valid hunting license or other persons who are lawfully engaged in hunting; or
(g) any person traveling to or from any activity described in Subsection (1)(b), (c), (d), (e), or (f) with an unloaded firearm in the person's possession.
(2) It is not a violation of Subsection 76-10-503(2) or (3) for a restricted person defined in Subsection 76-10-503(1) to own, possess, or have under the person's custody or control, archery equipment, including crossbows, for the purpose of lawful hunting and lawful target shooting.
(3) Notwithstanding Subsection (2), the possession of archery equipment, including crossbows, by a restricted person defined in Subsection 76-10-503(1) may be prohibited by:
(a) a court, as a condition of pre-trial release or probation; or
(b) the Board of Pardons and Parole, as a condition of parole.
Federal Laws
18 U.S.C. §922 - Unlawful Acts
(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, 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.