Can a Parent Ban their Adult Child from Legally Owning a Firearm if the Child Still Lives at Home?

The question of whether a parent can ban their adult child from owning a firearm when that child still resides at home is a complex and often misunderstood issue. This article aims to clarify the legal boundaries and provide guidance on practical steps that can be taken.

Is the Child a Tenant or Living for Free?

The situation changes significantly whether the adult child is paying rent or simply living for free. A tenant, even if living for free, has significant rights, while a freeloader without formal arrangements has fewer.

If the Adult Child is Paying Rent: When the adult child pays rent or utilities, they are deemed a tenant. As a tenant, they have specific rights including the right to possess and own firearms, unless explicitly prohibited by a lease agreement. However, the parent as the landlord cannot disallow possession or ownership of firearms within the property. A workaround could include placing firearms in a security box in the child’s vehicle or storing them in a small locker at a storage facility. For extra security, a gun safe bolted to the floor with clear instructions on removal upon moving out can be a viable solution.

If the Adult Child is a Freeloading Non-Working Adult: As a freeloader, you have the right to set any rules you see fit, such as no firearms in the house. However, your legal authority in such cases is limited, as the child is not bound by the same tenant agreements.

If the Adult Child is Not in the Parent’s Home

When the adult child is not physically living in the parent's home, the parent cannot legally ban them from owning a firearm. This is due to the Second Amendment, which grants the right to bear arms even for those not living with their parents.

Even if the adult child is residing in the home, the parent has no legal authority to ban firearm ownership as long as the child is an adult and there are no federal or local restrictions prohibiting it.

Legal Rights and the US Constitution

Parents have no legal power to ban their adult children from owning firearms if the child lives outside the home. This is because the US Constitution protects the right to bear arms, and this right cannot be suspended or limited by parents or any other entity. If the child is living in the parent's home, the parent can set rules such as prohibiting firearms inside the home, but this authority is limited.

Parents can set rules like 'no guns in the house' and 'name not on the deed to the property,' but these rules will not override the US Constitution. Therefore, the child legally has the right to own firearms as long as they are not prohibited by federal or local laws.

Practical Steps to Manage Firearms Ownership

For parents who are concerned about their adult child owning firearms, there are several practical steps they can take:

Rent a Storage Place: Secure storage for firearms, such as a safety deposit box, can be a good option. This ensures the firearms are stored safely and not in the home. Encourage Moving Out: If conditions permit, encouraging the adult child to move out and get their own place can be the most effective solution. This guarantees control over the firearms without legal complications. Security Measures: If firearms must remain at home, consider installing gun safes, security cameras, and other safety measures to reduce the risk of accidents or theft.

Parents should always prioritize the safety and well-being of their adult children, especially in matters concerning firearms. While they may not have the legal authority to ban firearm ownership, they can take steps to ensure responsible and safe firearm storage.

Lastly, it is important for parents to stay informed about local and federal firearm laws to ensure compliance and personal safety.