Module 3 - Laws and Legal Liability

Firearms Ownership and Possession Handguns:

Handgun Possession, Legally, possession i s defined as the holding or occupancy of a thing such that physical control can be exerted over it. L egal ownership, or title, is not a requirement for possession. Many different federal, state and local laws relate to handgun possession under various circumstances . At the present time , federal law imposes few if any restrictions on possession in one’s home, business or vehicle, or in public places. However, federal law does prohibit possession of a firearm in federal government offices or buildings, such as post offices, IRS offices and the like. Possession may also be prohibited or restricted in other areas, including (but not limited to) military bases, some federal lands (such as national parks), and school zones. Note that a state or local carry permit does not nullify federal restrictions on gun possession on federal property. Sec. 234f. (1) Except as provided in subsection (2), an individual less than 18 years of age shall not possess a firearm in public except under the direct supervision of an individual 18 years of age or older. (2) Subsection (1) does not apply to an individual less than 18 years of age who possesses a firearm in accordance with part 401 (wildlife conservation) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.40101 to 324.40119 of the Michigan Compiled Laws, or part 435 (hunting and fishing licensing) of Act No. 451 of the Public Acts of 1994, being sections 324.43501 to 324.43561 of the Michigan Compiled Laws. However, an individual less than 18 years of age may possess a firearm without a hunting license while at, or going to or from, a recognized target range or trap or skeet shooting ground if, while going to or from the range or ground, the firearm is enclosed and securely fastened in a case or locked in the trunk of a motor vehicle. (3) An individual who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both. State Law - 750.234f Possession of firearm by person less than 18 years of age; exceptions; violation as misdemeanor; penalty. 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— less than 18 years old (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.