Increasing Minimum Age To Purchase Firearms

Current law allows a person who is 18 years of age (adult) or older to knowingly possess or purchase a firearm. The bill increases that the age requirement to a person who is 21 years of age or older and adds "intentionally" to the mens rea required for a person under 21 years of age to commit the offense of possessing or purchasing to legally possess a firearm.

Illegal possession of a firearm by a person under 21 years of age is a class 2 misdemeanor and a class 5 felony for second and subsequent violations. The bill lists exceptions for persons less than 21 years of age to the offense of illegal possession of a firearm by a person 21 years of age, including if that person is possessing the firearm for the purpose of:

• Attending a hunter's education or firearms safety course;
• Engaging in practice in the use of a firearm or target shooting where authorized;
• Engaging in an organized competition involving the use of a firearm;
• Hunting, trapping, taking, or killing wildlife as allowed by law; or
• Participating in a bona fide shooting class, training, or sanctioned event, under the supervision of a peace officer or a person who is 25 years of age or older and is a certified hunter education or firearms training instructor;
• Participating in an accredited gunsmithing course;
• Traveling with an unloaded firearm to any of the exceptions listed;
• Serving as an active member of the United States armed forces;
• Serving as a peace officer or certified by the P.O.S.T. board; or
• Being at least 18 years of age when this bill was enacted in 2023.

Under current law, it is a class 4 felony to intentionally, knowingly, or recklessly provide, or allow to possess, a firearm, with or without remuneration, to any person under the age of 18 (juvenile). The bill removes the mens rea of "intentionally" and knowingly" for the offense and makes it a class 2 misdemeanor to intentionally or knowingly sell or transfer a firearm to a juvenile it remains a class 4 felony to recklessly provide, or permit a juvenile to possess, a firearm to a juvenile , with or without remuneration A person shall not sell, rent, or transfer ownership to allow unsupervised possession of a firearm, other than a handgun, with or without remuneration, to a juvenile. A violation results in a class 4 felony.The bill makes it unlawful for a person who is less than 21 years of age to purchase a firearm, or for a licensed or unlicensed gun dealer to facilitate such a sale. Several exceptions are listed, including if:

• The person is an active member of the United States armed forces; or
• The person is a peace officer or certified by the P.O.S.T. board.

The bill makes conforming amendments.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)