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Gun for a 7 yr old

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What is the name of your state (only U.S. law)? IL
My son's mother let her boyfriend take my 7 yr old son hunting during shot gun deer season last week. She also allowed her 10 YO and 4 YO sons go too but I am not their father. Now the boyfriend says that he is getting all the boys shot guns for Christmas. I don't want my 7 yr old having a gun of any kind. He has a mild mental disability along with ADHD and I just don't think it is a good idea for him to have a gun. We have joint custody and she has primary residencial custody. She has to inform me of all school and medical issues, etc.

Is there anything I can do to keep him away from getting this gun? Is there anything I can do to keep him away from the guns that the other two boys are going to get?
 


sometwo

Senior Member
Has your son done boy scouts?

Has he been taught hunter safety by you or anyone else?

This may not be such a big deal. For instance my stepson has been in cub scouts and now boy scouts . They were taught at an early age (about your son's) about guns, how to handle them etc etc. Around that time my husband bought a gun for stepson. A bb gun to practice with. However that did not mean stepson got to keep it or touch it or anything else at any time without his dad handing it to him or taking him somewhere to use it.

It was kept put up and stepson was not allowed anywhere near it. Just saying that he's buying the child a gun I don't think would cause alarm. If he hasn't been taught safety that is something you will need to check into about and take him to a class yourself if they want. Education is the key. That may not be the only place he sees or is around a gun.

I also wonder exactly what kind of gun he is buying the child.
 
This is his first year in boy scouts. He is mentally impaired and has ADHD. He was held back in kindergarten. He is on 3 different medications for his disabilities. He can't tie his shoes but I shouldn't be concerned that someone wants to get him a gun so he can shoot a deer? I don't think any 7 yr old needs a gun but his mom says it doesn't matter what I say.
 

sometwo

Senior Member
This is his first year in boy scouts
Great then he is going to learn some safety stuff. You should also teach him.



.
He is mentally impaired and has ADHD. He was held back in kindergarten
.

I know many who were held back in kindergarten. What do you mean by mentally impaired.


He is on 3 different medications for his disabilities.
What kind of disabilities?

He can't tie his shoes but I shouldn't be concerned that someone wants to get him a gun so he can shoot a deer?
Stepson didn't learn to tie his shoes until after third grade (he was having a girl in his class tie them for him and I gave up and bought him zip up shoes, that doesn't mean anything)

I don't think any 7 yr old needs a gun but his mom says it doesn't matter what I say.
It depends. What kind of gun are you talking about ? Do you know? You can look up the laws on gun ownership in your state but I doubt it would be registered in child's name if its more than a bb gun.

You really need to teach your child safety with guns and start educating. There will be other places your son is going to see a gun.

Nothing has happened yet. People can say things all day long, doesn't mean its going to happen for sure.

Wait for other seniors answers too.
 

sometwo

Senior Member
Here is what I found for if it does happen.

1. To purchase a gun in Illinois, you must first obtain a FOID card (Firearm Owner Identification Card through Illinois State Police. FOID requirements involve a criminal background check:

* Must be 21. Age 18-21 requires consent of qualified parent or guardian
* No felony convictions
* No drug addictions
* Has not been patient in mental hospital in preceding five years
* Does not have mental illness
* Must be a legal resident of U-S.
* Must be 21 to purchase handgun. 18 (with responsible adult permission) to purchase a long gun.

1. Waiting Period

* 72-hours for handgun
* 24-hours for rifle or handgun

2. Cities with Handgun Bans

* Chicago: Chicago bans possession, retail sales, and private sales and/or transfers of handguns and also bans the sale and/or transfer of certain types of handgun ammunition. It also requires that all other guns legally possessed be registered.
* Morton Grove, Evanston, Wilmette, and Oak Park also ban handgun possession.
* The following Illinois communities ban the sale or transfer of handguns: Deerfield, Elk Grove Village, Evanston, Forest Park, Highland Park, Morton Grove, Niles, Northbrook, Oak Park, River Grove, Westmont and Wilmette. Illinois is unique among states because of the number of communities with handgun bans.

3. Concealed Carry

* In Illinois, it is unlawful to carry or possess any firearm that is concealed in a vehicle or on a person. There are some exceptions: Licensed hunters, trappers, but they must transport their firearms in a non-functioning state (that is broken down, unloaded, in a case, not immediately accessible.)

4. Child Access

* It is unlawful for adults to leave their guns unlocked and accessible to children under the age of 14 (if that situation leads to injury or death with the firearm.)

5. Under Consideration

* Law that would limit handgun purchases to One-a-month. This has been proposed annually by Mayor Daley, and has never moved very far. The legislature is considering it again this session, but gun control advocates concede it probably won't get very far.
* The Illinois Senate has passed and the House is considering a bill that would ban the sale and manufacture of high capacity ammunition clips. The clips would be limited to 10 bullets, but those who currently possess high-capacity clips could keep them, and the governing of internet purchases is unclear.



Of course you don't know if this is just a BB gun or something else.




ETA:

Yes. Illinois law (720 ILCS 5/24-9) states "(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:
(1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or
(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.
(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
(c) Subsection (a) does not apply:
(1) if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or
(2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person."

"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:
(1) any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;

(2) any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and
(4) an antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.
 
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My son has mild mental retardation. He has severe ADHD. He is in the special needs class at the school.

The boyfriend was watching the boys when I went to pick up my son and he told me he was getting the boys shotguns for Christmas, not bb guns. I did not go any further with the issue with the boyfriend but did speak to the mom about it on the phone later. She said it was none of my business and there was nothing I could do about it anyway.

She is currently under investigation by child services because she hit my son hard enough to leave a handprint. There was also an incident a little over a year ago where my son stabbed the babysitter's daughter with a kitchen knife. He didn't know it would hurt her, he had seen it on tv. (It was minor on the arm but still scared me) The babysitter did not want child services involved.
 

divona2000

Senior Member
Laws change frequently, and there are variations within (such as hunting on family owned land) so confirm any information concerning these gun laws with the IL DNR. Illinois does not have a minimum age to go hunting, carrying a gun seems to be a different matter.

1. "License application requires any individual born on or after January 1, 1980 to submit a previously issued hunting license or Hunter Safety Certificate with their application."
Minimum Hunting Age Statutes

2. "For those under the age of 18, it is considered illegal under Illinois firearm law for such an individual to be in the possession of firearm."
State Gun Laws Laws

3. It would appear that the minimum age to even posses a 'long gun' in IL may be age 21. "Generally, the minimum age for possession of a long gun is also age 21. "Illinois prohibits any person from knowingly transferring a firearm to any person who does not hold a FOID card. To obtain a FOID card, an individual must be over 21 years of age or have the written consent of his or her parent or legal guardian to possess and acquire any firearms and ammunition. Further, the parent or legal guardian must not be prohibited from obtaining a FOID card."
Legal Community Against Violence - Illinois Summary
http://www.lcav.org/content/minimum_age_purchase_possess.pdf

4. "It is unlawful to possess any firearm or ammunition without a valid FOID."
What are the Gun Laws in Illinois?

5. From the IL State Police site.
Firearm Owner's Frequently Asked Questions
"Will I be held responsible for my child who has access to a firearm?"
Yes. Illinois law (720 ILCS 5/24-9) states "(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:
(1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or
(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.
(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
(c) Subsection (a) does not apply:
(1) if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or
(2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person."

****sometwo, just read your post, great minds thinking alike ;) ****
 
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acmb05

Senior Member
Here is what I found for if it does happen.

1. To purchase a gun in Illinois, you must first obtain a FOID card (Firearm Owner Identification Card through Illinois State Police. FOID requirements involve a criminal background check:

* Must be 21. Age 18-21 requires consent of qualified parent or guardian
* No felony convictions
* No drug addictions
* Has not been patient in mental hospital in preceding five years
* Does not have mental illness
* Must be a legal resident of U-S.
* Must be 21 to purchase handgun. 18 (with responsible adult permission) to purchase a long gun.

1. Waiting Period

* 72-hours for handgun
* 24-hours for rifle or handgun

2. Cities with Handgun Bans

* Chicago: Chicago bans possession, retail sales, and private sales and/or transfers of handguns and also bans the sale and/or transfer of certain types of handgun ammunition. It also requires that all other guns legally possessed be registered.
* Morton Grove, Evanston, Wilmette, and Oak Park also ban handgun possession.
* The following Illinois communities ban the sale or transfer of handguns: Deerfield, Elk Grove Village, Evanston, Forest Park, Highland Park, Morton Grove, Niles, Northbrook, Oak Park, River Grove, Westmont and Wilmette. Illinois is unique among states because of the number of communities with handgun bans.

3. Concealed Carry

* In Illinois, it is unlawful to carry or possess any firearm that is concealed in a vehicle or on a person. There are some exceptions: Licensed hunters, trappers, but they must transport their firearms in a non-functioning state (that is broken down, unloaded, in a case, not immediately accessible.)

4. Child Access

* It is unlawful for adults to leave their guns unlocked and accessible to children under the age of 14 (if that situation leads to injury or death with the firearm.)

5. Under Consideration

* Law that would limit handgun purchases to One-a-month. This has been proposed annually by Mayor Daley, and has never moved very far. The legislature is considering it again this session, but gun control advocates concede it probably won't get very far.
* The Illinois Senate has passed and the House is considering a bill that would ban the sale and manufacture of high capacity ammunition clips. The clips would be limited to 10 bullets, but those who currently possess high-capacity clips could keep them, and the governing of internet purchases is unclear.
None of which will probably matter if step dad buys the guns but has them for the child to go hunting with him with. As long as the guns are kept locked up and the child does not have access to them unsupervised he would get in no trouble for it.



Of course you don't know if this is just a BB gun or something else.
OP said shotgun.
 

acmb05

Senior Member
What is the name of your state (only U.S. law)? IL
My son's mother let her boyfriend take my 7 yr old son hunting during shot gun deer season last week. She also allowed her 10 YO and 4 YO sons go too but I am not their father. Now the boyfriend says that he is getting all the boys shot guns for Christmas. I don't want my 7 yr old having a gun of any kind. He has a mild mental disability along with ADHD and I just don't think it is a good idea for him to have a gun. We have joint custody and she has primary residencial custody. She has to inform me of all school and medical issues, etc.

Is there anything I can do to keep him away from getting this gun?
Probably not

Is there anything I can do to keep him away from the guns that the other two boys are going to get?
Again, probably not.
 

justalayman

Senior Member
Obviously it is illegal for the child themselves to own a gun. From what I can find, the minimum age to hunt in Illinois is 10 yo. As such, it would be illegal for your son to hunt at all.

As to simply shooting a gun. I can find nothing that would prevent it as long as he is supervised.
 

CJane

Senior Member
Obviously it is illegal for the child themselves to own a gun. From what I can find, the minimum age to hunt in Illinois is 10 yo. As such, it would be illegal for your son to hunt at all.

As to simply shooting a gun. I can find nothing that would prevent it as long as he is supervised.
Do you have a citation? All I can find is that 10 year olds can obtain a hunting license. Nothing to indicate that hunting under age 10 is illegal. It's possible they just don't need a license.

I know I'm in a different state, but legally speaking, kids as young as 6 can hunt in MO, and a license isn't required until 15. But kiddos have to be in the "immediate presence of a qualified adult".

Just curious...
 

justalayman

Senior Member
I'll have to look to find it again. It wasn't a citation (I don't think) but the statement was that children age 10- (something) could apply for a junior license (or some such name) and hunt with an adult. While it didn't specify those under 10 could not hunt, the inference, IMO was that 10 was the minimum age allowed to hunt at all.
 

justalayman

Senior Member
Illinois - Created an apprentice hunting license that permits experienced hunters to
take newcomers ages 10 and higher hunting for one year before completion of a
hunter education course. Illinois remains a somewhat restrictive state.
the above was not at an official state site.

I found the following and the Illinois DNR website:

What permits or licenses do I need to hunt in Illinois?
In general, anyone wishing to hunt in Illinois is required to purchase a hunting license. There are some exceptions to this requirement.
The purpose of the Apprentice License Program shall be to extend limited hunting privileges, in lieu of obtaining a valid hunting license, to persons interested in learning about hunting sports.
Provides that an Apprentice Hunter License may be issued to a person of any age.
upon further review, I have found absolutely no age limit. The apprentice license apparently allows a persom to hunt for 1 year with a licensed hunter without taking a hunter safety course. Everything I can find says anybody that has passed a hunters safety course can obtain a hunting license. The Il DNR site says it is based on a 6th grade reading level.

So, I guess if 4 year old can pass the test, they can get a license. So, what is a 6th grader? 12? 13?. I would suggest a 10 yo might have trouble passing the test. I would imagine a 7 yo has little chance of passing.

DNR
http://www.dnr.illinois.gov/hunting/Documents/HuntTrapDigest.pdf
About Us : FAQs
 

mistoffolees

Senior Member
None of which will probably matter if step dad buys the guns but has them for the child to go hunting with him with. As long as the guns are kept locked up and the child does not have access to them unsupervised he would get in no trouble for it.
Yes, but there are restrictions in the previous cited laws. For example, check the section about leaving the gun in the home only if the minors have a firearms safety card. So if he ever leaves the house, the gun needs to be locked up if the kid doesn't have a firearm safety card.

upon further review, I have found absolutely no age limit. The apprentice license apparently allows a persom to hunt for 1 year with a licensed hunter without taking a hunter safety course. Everything I can find says anybody that has passed a hunters safety course can obtain a hunting license. The Il DNR site says it is based on a 6th grade reading level.

So, I guess if 4 year old can pass the test, they can get a license. So, what is a 6th grader? 12? 13?. I would suggest a 10 yo might have trouble passing the test. I would imagine a 7 yo has little chance of passing.

DNR
http://www.dnr.illinois.gov/hunting/Documents/HuntTrapDigest.pdf
About Us : FAQs
Glad you found that - I was going to post it. It's actually a good idea.

While a lot of 10 year olds could pass a test written at a 6th grade level, OP says that the child in question is mildly retarded (her words), so it's not likely.

Given the circumstances, a kid with mental challenges, age 10, a BF who is interfering in the parents' right to make decisions, I think I'd talk with an attorney. I would certainly send a strongly worded letter objecting to it, especially if the kids didn't have the firearms training or have apprentice licenses. If they haven't had firearm safety courses, I'd report it to the DNR.

Just for the record - I don't have any objection to hunting. I don't hunt, but come from a family of hunters. However, it is a major responsibility and is something that both parents should agree on and both parents should be responsible for seeing that it's handled safely and with all the proper training - which doesn't seem to be the case here.
 

acmb05

Senior Member
Yes, but there are restrictions in the previous cited laws. For example, check the section about leaving the gun in the home only if the minors have a firearms safety card. So if he ever leaves the house, the gun needs to be locked up if the kid doesn't have a firearm safety card.
You will also see that it says if there is injury or death. It is only common sense that you keep your weapons locked up with kids in the house even if you are home, unless you are taking them out to use them. Him just leaving them out and unlocked would do nothing unless one of the kids was hurt or killed (god forbid) by the weapon.
 
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