handgun gift for under age 21?

Discussion in 'General Handgun Discussion' started by TheSadPanda, May 13, 2010.

  1. TheSadPanda

    TheSadPanda New Member

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    I've been doing a ton of research and can't seem to find a Missouri specific answer to my question.

    Because im only 19 (soon to be 20), i know it is illegal for me to buy a handgun in Missouri. But for my birthday I wanted my mother to buy me a handgun and "hold onto it" until im 21. Is this, in general, illegal at all? Or is it at least manageable?

    If i did get the handgun, would it be illegal for me to transport and take it to the range (without my mother) and shoot it? what about to a private property?

    Anybody who can help me with this I thank greatly. The last thing I want to do is get her in trouble with the law because of a gun that isn't even hers!!
     
  2. orangello

    orangello New Member

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    I am not a lawyer. It is my understanding that federal regulations do allow you to own a firearm once you have reached age 18, but you cannot buy one from an FFL, only a private party. It is my understanding that you can receive one as a gift or be loaned one for specific purposes (target shooting).

    I'm not sure about MO laws that go beyond that. I would consider asking a reputable gun store in your area and an experienced police officer that your family knows, then compare their answers.

    Good luck!

    edit* Maybe somebody on the forum connected to this org could tell you more precisely: http://www.missouricarry.com/
     
    Last edited: May 13, 2010

  3. danf_fl

    danf_fl Retired Supporter

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    21 years of age for a handgun here. Under 21 needs adult supervision.
     
  4. NGIB

    NGIB New Member

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    I know in GA you can own one at 18 but cannot buy one from an FFL unless you're 21. You can buy from a private party but many sellers aren't comfortable selling to someone so young - I know I'm not. Each state is different and I do not know MO law. It's a slippery slope when one person buys a gun for the sole purpose of giving it to someone that cannot buy one themselves. Yes, it's your Mom but a straw purchase is a straw purchase. Talking about it on a open forum shows intent...
     
    Last edited: May 13, 2010
  5. DrumJunkie

    DrumJunkie New Member

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    In Ky. you can gift one to some 18+ (and under 21). I would be a little uneasy getting internet advice on this though. It would be best to contact someone that it's their job to know the laws in your state.
     
  6. freefall

    freefall New Member

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    I gave my daughter a .357 at age 10. At 12 I asked the Troopers about letting her carry it while she fished or picked berries getting separated from her mother and I. They said no problem, although it sounded like they didn't want her carrying it around more crowded areas, (combat fishing holes, campgrounds, etc.)
     
  7. TheSadPanda

    TheSadPanda New Member

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    who should I call or contact in the St. Louis area to get a definite answer?

    Also, my only only motives are to discover the proper set of laws, and to follow them. I have no intention of breaking them in any way. Which is why I asked here :)
     
  8. ninjatoth

    ninjatoth New Member

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    This is going to be a very state specific question that you need to be very careful about.Like here in MI,no one exept CCW holders can even shoot another person's handgun unless the owner is present and you are at a recognized shooting range,reguardless of age,so nobody here can lend or borrow a handgun without having a CCW,but long guns you can lend and borrow.Some states have no regulation or registration of handguns or long guns.If where you live does not require handguns to be registered,then you can probably do what you are talking about as long as you aren't a felon,and on a federal level,I don't see any laws being broken as long as it's not a straw purchase,but again,your state may have added laws so you need to find out your state laws.
     
  9. WDB

    WDB New Member

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    A quick internet search will lead you to the answer you need. Don't ask for legal advice on any forum as you don't know the qualifactions of the person responding. Every state differs concerning your question and every state has the laws concerning this available on line. What you described would be considered a straw purchase where I live. Your mother would be purchasing the firearm with the intent of giving/selling it to another and that is against the law where I live.
     
  10. TheSadPanda

    TheSadPanda New Member

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    ok, I finally looked up what exactly a straw purchase was, and the phrasing of my question suggests that is my intention. I did NOT mean to phrase it in such a way that I was intending to circumvent the law. I wanted to strictly know the legality of the matter. As far as my research can tell, this would not be an illegal event in MO. It is legal for a person of age 18+ to own a handgun in MO if it is purchased from a private party or handed down/gifted by a family member (which is the case here). The only time it would be illegal is if the <21 year old had purchased the handgun himself/herself from an FFL dealer. It would be considered a straw purchase if the receiver of the gun was a felon or any of the other restrictions that keep them from possessing a firearm in general.

    This forum really layed it out for what I needed to know.
    Conceal Carry? - Missouri - Stories From The States - OpenCarry.org - Discussion Forum

    This is the conclusion I have come to from many hours of research. I am not a law official, so I can not be held to these words. But I have provided evidence that shows that I am correct.

    Thank you everybody for your input! I hope this was helpful
     
  11. danf_fl

    danf_fl Retired Supporter

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    Look for a site that has state statutes. Most state sites will direct to them. A little reading and you will have your answer. Also BATF has federal laws listed.
     
  12. ninjatoth

    ninjatoth New Member

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    A straw puchase is not having your mother buy it from an FFL to give it to you as long as you are not restricted from firearms.If you were a felon and she did that-yes,straw purchase,if you were only 17 and lived in your own apartment away from her and she did that-yes,straw purchase,or if your state requires it to be registered to one person and she registered it to herself and gave it to you-then yes,straw purchase,or if you hand her the cash beforehand to go into the store,then that can also be considered a straw purchase.If she buys the gun with her own money and then you buy it from her,that is perfectly legal.
     
  13. Mr. Bluesky

    Mr. Bluesky New Member

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    Different states, and even different cities/counties, handle these issues differently. To the OP: Go down you your local PD and ask them what's legal.

    I'm over 18, so legal to own a handgun, but under 21, so not old enough to purchase from an FFL. My dad has purchased both my guns and transferred them to me as gifts, which is a provision of Michigan law. I paid him back for part of the Ruger and most of the M&P, but they were still my birthday and Christmas gifts, respectively.
     
    Last edited: May 14, 2010
  14. canebrake

    canebrake New Member

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    The FTF flunked it’s Bar exam.

    Only a fool would seek legal advice from a public forum and has a fool for his counselor.
    cane

    With that fully understood, here is some research:

    http://www.handgunlaw.us/states/missouri.pdf


    Section 571-060 Unlawful transfer of weapons, penalty.

    Missouri Revised Statutes

    Chapter 571
    Weapons Offenses
    Section 571.060

    August 28, 2009



    Unlawful transfer of weapons, penalty.
    571.060. 1. A person commits the crime of unlawful transfer of weapons if he:

    (1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of section 571.070, is not lawfully entitled to possess such;

    (2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child's custodial parent or guardian, or recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers any firearm to a person less than eighteen years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or

    (3) Recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

    2. Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class D felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor.

    (L. 1981 H.B. 296)
     
  15. WDB

    WDB New Member

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    Bottom line do your homework. The choice you make today may impact your ability to own/buy firearms in the future. Good luck
     
  16. diggsbakes

    diggsbakes New Member

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    Just play it safe. Waiting a couple more years will certainly be worth an entire lifetime of "legal" firearms related pleasure and enjoyment. ;)
     
  17. Biohazurd

    Biohazurd New Member

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    when you do turn 21 it will be worth it!!