Child Killed by UZI: Did gun show Violate the National Firearms Act

This week an 8 year old child shot and killed himself at a gun show in Massachusetts.  For a good analysis of the potential negligence claims involving a child using a Machine Gun look at David Wolf’s Florida Child Injury Lawyer Blog. This unfortunate incident goes to show the dangers of letting children possess or use a Machine Gun.  The NFA prohibits the transfer of weapons to children without an approval, except transfer of an item to a gun store employee or other licensed reseller.  Section 5845 (j) of the NFA defines transfer: 

The term. ‘transfer’ and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.

It appears that even though the gun show organizer may have been able to allow the child to shoot the Uzi under state law with the permission of the parent, the gun dealer was in violation of the NFA for transferring or loaning the weapon to the child.

In addition it is illegal under Chapter 5861 for any person to receive or possess a firearm transferred to him.

Not only was it a violation of the NFA to allow the child to be in possession, but the child was also in violation of the NFA for being in possession of the UZI. 

This unfortunate incident only goes to show the importance of safeguarding NFA firearms from the use or access of others.  If you own a machine gun as an individual and die, your child could inherit the machine gun.  As we have too often seen, some children cannot comprehend the dangers of guns.  A properly drafted NFA Firearms trust can protect young children from gaining access to restricted firearms or any firearms until the child reaches a specified age and others determine that they are legally and mentally stable and responsible enough to manage a firearm.