RKBA for SD for minors in the home?

[Paladin]

Future 2nd A federal civil rights litigation?

Info about that CA law barring minors from having access to firearms should be added to: http://wiki.calgunsfoundation.org/in...arms_Generally

[billybob_jcv]

Hmm - that news story was June 2010, so it's been a while...

http://www.chron.com/news/houston-texas/article/Harris-County-deputy-s-son-shoots-one-of-two-1712908.php

[Librarian]

There really isn't that much, and it's in with safe storage at PC 25000 and following, e.g. 25100

(a) Except as provided in Section 25105, a person commits
the crime of "criminal storage of a firearm of the first degree" if
all of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
(3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person.
(b) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm of the second degree" if all
of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
(3) The child obtains access to the firearm and thereby causes
injury, other than great bodily injury, to the child or any other
person, or carries the firearm either to a public place or in
violation of Section 417 [Brandishing].

It isn't access that is restricted - it's only a problem if the under-18 kills or injures someone.

So, do under-18's have a right to self-defense? It looks to me that they do.

PC 195 (Excusable Homicide) and 197 (Justifiable Homicide) don't restrict the application to adults, nor does 198.5, which seems to be the likely situation for a minor to use a firearm

Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant
or substantial physical injury.

But, IMO, 'self defense' has far to many possible factors to effectively address at the wiki, without falling into giving legal advice.

[nrakid88]

Not sure if I would trust my non-existant future children with guns...

Guess it depends on who they grow up into the most

[billybob_jcv]

Just as an FYI, here's what happened to the goblin the kid shot - apparently he lived...

http://www.texastribune.org/library/data/texas-prisons/inmates/kinzy-evans/218478/

[Trailboss60]

It is immoral to not allow kids to defend themselves from killers inside their own home.

http://www.lewrockwell.com/poe/poe1.html

[Liberty1]

Not just in the home but also where ever they go too IMO.

http://www.spokesmanreview.com/breaking/story.asp?ID=10097

[Paladin]

It isn't access that is restricted - it's only a problem if the under-18 kills or injures someone.

So, if your neighbor knows you're not home and looks into your living room window and sees your 15 y.o. kid walking around w/your 1911, calls the cops, when the cops show up they can't nail either you or your kid w/anything??? Maybe this state isn't as bad as I thought.

Oh, wait a minute, it is still illegal to discharge even a BB gun indoors into a BB trap target in the city where I live....

[mdimeo]

As I skim things, it seems that the child has all the same self-defense rights as anyone in his home.

You'd be in the clear for a safe-storage violation due to 25105(f), which provides a lawful-self-defense exception, and if it's your child with access by permission 25100(2).

IANAL, of course.