under 21 handgun ownership

Discussion in 'Legal and Activism' started by Leavingplatoscomphycave, Mar 20, 2010.

  1. ok so i went into a gun store today to put a down payment on a brand new rem 870 and i was talking to the store clerk there who was 19 and he was telling me as he tapped his handgun on his waist that in california a person under 21 couldnt not PURCHASE a handgun (over 18 obviously) but they could be GIFTED a handgun and fill out the nessisary paperwork. It seems too good to be true, what do you guys know about this?
     
    Last edited: Mar 20, 2010
  2. NGIB

    NGIB New Member

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    It works that way in GA but I have no idea what's legal in California...
     

  3. stalkingbear

    stalkingbear Active Member

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    In SOME states you can be in legal possession of a handgun at the age of 18 or higher. You cannot purchase a handgun by federal law until the age of 21. You'll have to check with law enforcement to see if it's legal in your state to own handguns at 18. I do know it's illegal to straw purchase any firearm from a FFL dealer however.
     
  4. skullcrusher

    skullcrusher New Member

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    I've heard that some states allow face-to-face for 18 for handguns. Probably those that are legal to possess. For sure, everyone must know their state laws.

    Fed law says that under 21 can't buy a handgun from FFL. 18+ for long guns.
     
  5. TheDaggle

    TheDaggle New Member

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    I'm fairly certain that here in CA it is a misdemeanor to spell out the word "gun" without the words "evil" or "nut" included in the sentence.
    No, seriously though, I believe this is true in most states, but not CA. I think here you have to be 21 or under the direct supervision of the owner to have a handgun in your hand, but possession of long guns may be legal.

    Minor in Possession of a Gun Lawyers
     
  6. willfully armed

    willfully armed New Member

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    FEDERAL law makes it that you MUST be 21 to buy from a federally licensed dealer. And 18 to buy FTF, or posses.

    As bear said, state law supercedes the minimum in some cases.
     
  7. i think the loophole here is that under 21 cant PURCHASE

    and the only way they can own is if a family member gifts you a handgun, i was hopeing someone could confirm this (or deny but that sure wouldnt be as fun :( )
     
  8. and no offence to previous posters but im not really looking for an answer that starts with "i think". because id be doing somthing potentaily legal/illegal i dont want to have to tell an officer "oh i THOUGHT i could have it"
     
  9. Yunus

    Yunus New Member

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    There is a post on this board from someone under 21 who lives in Michigan. He was gifted a handgun from his father, spoke to law enforcement and they confirmed it was legal (or so he says). I believe him, however none of us on this board are offering you legal advice. While we may state what we believe to be true and accurate and within the law, we are NOT LAWYERS OFFERING LEGAL ADVICE, so if you want a legal answer, speak to an attorney in your area who knows specific laws that might apply to you.

    That said, NGIB and Bear are correct to the best of my knowledge, which is this. You must be 21 or older to purchase a handgun from an FFL. However if your state allows non-FFL handgun purchases than you need only follow your states laws to make said purchase, if that is 18 then so be it. But remember you and you alone are the one making the purchase and responsible for it's outcome. If you trust someone on the internet to determine what is legal and not, well you may not like the outcome.
     
  10. jeepcreep927

    jeepcreep927 New Member

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    Yunus gave the best advise. Contact you state Attorney General to clarify. There are many "I think" and "I'm pretty sure" answers, as well as some that are incorrect despite a good faith effort to provide information.

    For instance Federal Law does not require on to be 18 to posses a handgun. In Vermont the law states one must be 16, if not 16, one must have "parental consent" to posses, nothing more. That includes carry as well, either open or concealed.

    Any one want to move to Vermont?
     
  11. Rick1967

    Rick1967 Well-Known Member

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    I am not an attorney. Nor do I give legal advice. I just thought this was interesting so I will share.

    I was watching an episode of "COPS" on TV the other night. The officer that was being interviewed stated that he was the youngest officer ever hired in his state. He told the interviewer that he was not able to purchase his duty weapon himself. He said that his parents bought it. Then they gifted it to him. The officer was 20 years old. I found it interesting that even a police officer could not purchase a gun at 20 years old.

    I have no idea about the legality of under age private sales.
     
  12. im sorry if i made it sound like i was asking for legal advice, im more like asking for someone to point me in the right direction and i think you did that thank you
     
  13. Yunus

    Yunus New Member

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    No apology needed, I just wanted to clarify that anything I posted was not legal advice and I know most if not all other regulars on this board post with the same disclaimer. All we are saying is we are not lawyers and don't want you to end up getting into trouble taking what we say as legal fact. I've asked many questions and gotten very good answers from members of this forum, but I know to take anything I get from here with the appropriate weight(IE, everything is personal advice and suggestions/experience and not legal knowledge/advice)
     
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  15. Jamesaritchie

    Jamesaritchie New Member

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    This is an interesting thread. I had no idea there were states where you couldn't buy a handgun if under the age of twenty-one.

    Here in Indiana, you can buy from gun shops, gun shows, private individuals, etc., at age eighteen. You can also get a CCP at age eighteen. My two oldest sons both applied for CCPs the moment they turned eighteen, and purchased handguns the moment the CCPs were approved.
     
  16. stalkingbear

    stalkingbear Active Member

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    No, they didn't LEGALLY buy handguns from a FFL dealer at the age of 18. That's federal law.



     
  17. Jamesaritchie

    Jamesaritchie New Member

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    Forgive my ignorance. I know what a FFL is, but where do FFL dealers sell handguns? I didn't even know you could buy handguns from anywhere other than a gun shop, at a gun show, or from another individual.
     
  18. ninjatoth

    ninjatoth New Member

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    FFL dealers are people who's sole business and income is from selling guns,so in order to have a business of selling guns you must have a FFL license.So gunstore owners an the like must have a FFL license to sell guns,so to buy a handgun from a gunstore you always have to be 21 because federal law's age to buy a handgun is 21.A person at a gunshow with a few guns or a private seller does not have to get a FFL license,so they can sell to someone under 21 if local laws allow it.
     
    Last edited: Mar 21, 2010
  19. Jamesaritchie

    Jamesaritchie New Member

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    This was several years ago, and I wasn't with them, but I thought sure my sons and my nephews bought their handguns at gun shops. Hmmm. I'll have to ask just where they did buy them.

    They're all well over twenty-one now, so it doesn't really matter, but that's just strange. You can get a CCP in Indiana at eighteen, you can buy a handgun and carry it legally, but you can't buy one from a gunshop? That's just odd.

    Who comes up with these laws?
     
  20. ninjatoth

    ninjatoth New Member

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    You can't buy ammo for handguns from any store that has a FFL either,including Walmart if you are under 21.Conceal weapons permits and minimum possession age are totally under state jurisdiction,so you could very well have people in your state that have CCPs,and handguns,but have to have someone over 21 buy their ammo for them.