13-3111

13-3111. Minors prohibited from carrying or
possessing firearms; exceptions; seizure and forfeiture;
penalties; classification

A. Except as provided in subsection B, an unemancipated person who is under
eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a
certified hunter safety instructor or certified firearms safety instructor acting with
the consent of the unemancipated person's parent or guardian, shall not knowingly carry
or possess on his person, within his immediate control, or in or on a means of
transportation a firearm in any place that is open to the public or on any street or
highway or on any private property except private property owned or leased by the minor
or the minor's parent, grandparent or guardian.

B. This section does not apply to a person who is fourteen, fifteen, sixteen or
seventeen years of age and who is any of the following:

1. Engaged in lawful hunting or shooting events or marksmanship practice at
established ranges or other areas where the discharge of a firearm is not prohibited.

2. Engaged in lawful transportation of an unloaded firearm for the purpose of
lawful hunting.

3. Engaged in lawful transportation of an unloaded firearm between the hours of
5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at
established ranges or other areas where the discharge of a firearm is not prohibited.

4. Engaged in activities requiring the use of a firearm that are related to the
production of crops, livestock, poultry, livestock products, poultry products, or ratites
or in the production or storage of agricultural commodities.

C. If the minor is not exempt under subsection B and is in possession of a firearm,
a peace officer shall seize the firearm at the time the violation occurs.

D. In addition to any other penalty provided by law, a person who violates
subsection A shall be subject to the following penalties:

1. If adjudicated a delinquent juvenile for an offense involving an unloaded
firearm, a fine of not more than two hundred fifty dollars, and the court may order the
suspension or revocation of the person's driver license until the person reaches eighteen
years of age. If the person does not have a driver license at the time of the
adjudication, the court may direct that the department of transportation not issue a
driver license to the person until the person reaches eighteen years of age.

2. If adjudicated a delinquent juvenile for an offense involving a loaded firearm,
a fine of not more than five hundred dollars, and the court may order the suspension or
revocation of the person's driver license until the person reaches eighteen years of
age. If the person does not have a driver license at the time of the adjudication, the
court may direct that the department of transportation not issue a driver license to the
person until the person reaches eighteen years of age.

3. If adjudicated a delinquent juvenile for an offense involving a loaded or
unloaded firearm, if the person possessed the firearm while the person was the driver or
an occupant of a motor vehicle, a fine of not more than five hundred dollars and the
court shall order the suspension or revocation of the person's driver license until the
person reaches eighteen years of age. If the person does not have a driver license at
the time of adjudication, the court shall direct that the department of transportation
not issue a driver license to the person until the person reaches eighteen years of
age. If the court finds that no other means of transportation is available, the driving
privileges of the child may be restricted to travel between the child's home, school and
place of employment during specified periods of time according to the child's school and
employment schedule.

E. Firearms seized pursuant to subsection C shall be held by the law enforcement
agency responsible for the seizure until the charges have been adjudicated or disposed of
otherwise or the person is convicted. Upon adjudication or conviction of a person for a
violation of this section, the court shall order the firearm forfeited. However, the law
enforcement agency shall return the firearm to the lawful owner if the identity of that
person is known.

F. If the court finds that the parent or guardian of a minor found responsible for
violating this section knew or reasonably should have known of the minor's unlawful
conduct and made no effort to prohibit it, the parent or guardian is jointly and
severally responsible for any fine imposed pursuant to this section or for any civil
actual damages resulting from the unlawful use of the firearm by the minor.

G. This section is supplemental to any other law imposing a criminal penalty for
the use or exhibition of a deadly weapon. A minor who violates this section may be
prosecuted and adjudicated delinquent for any other criminal conduct involving the use or
exhibition of the deadly weapon.

H. A person who violates subsection A is guilty of a class 6 felony.