Need legal interpretation on NRA-ILA info


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CentralTexas
January 3, 2006, 03:32 PM
Everyone in a free state knows that the 1968 GCA (Gun Control Act) made it so a person under 21 cannot buy a handgun from an FFL, long guns yes, handguns no.
Here in Texas handguns are ok to sell private party to private party age 18 or older.
Wandered into a discussion about this where for the first time in my life a person said no, fedearl law prohibits ANY handgun sales to a person under 21, private party or not. I said and you get this info from where? I was directed to the NRA-ILA website-
http://www.nraila.org/GunLaws/FederalGunLaws.aspx?ID=60
where the page is headed "A Citizen`s Guide to Federal Firearms Laws"
and under ineligible persons section it says
"The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:"
"Persons less than 18 years of age for the purchase of a shotgun or rifle.
Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle."
I understand Fed law supersedes State law but what Fed law is this???
I call NRA-ILA and they say this is from the 1968 GCA!!!!!!
Anyone clarify (that actually knows?).
CT

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wdlsguy
January 3, 2006, 04:49 PM
I understand Fed law supersedes State law but what Fed law is this??? I call NRA-ILA and they say this is from the 1968 GCA!!!!!!

Please call them again and ask for a citation from the U.S. Code. They are probably misunderstanding / misrepresenting the following:

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
Sec. 922. Unlawful acts
...
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver -

(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;
...

CentralTexas
January 3, 2006, 05:32 PM
Ok, had another talk with the fellow at NRA-ILA and basically I doubt it will get reviewed. I was discouraged from trying to go further with this and was told "they will listen to me more than someone calling in" and he would pass it on.:banghead:
Basically sounds like they have already reviewed it and that's that.
This came about as a young fellow of 18 wanted to buy a handgun for personal protection of self and family but when checking on the Texas rules relied on the NRA-ILA website and is now under the impression he has only the long gun option.
CT

wdlsguy
January 3, 2006, 06:16 PM
:confused: If you look at the NRA-ILA page for Texas (http://www.nraila.org/GunLaws/StateLaws.aspx?ST=TX) there is nothing there about needing to be 21 to purchase or possess a handgun.

CentralTexas
January 3, 2006, 06:37 PM
If you take that NRA state link & the NRA federal link combined it would lead the average person to think under the age of 18 you cannot buy a handgun.
With the awareness that Fed law Trumps state law & the fact the state link doesn't plainly state that a 18-20 YO can buy from a private seller it's easy to be confused. I don't think the NRA has done a good job here.
CT

ServiceSoon
January 3, 2006, 07:40 PM
In Indiana your father/mother (legal guardian I suppose) can purchase a gun and give it to you as a gift, if you are 18 years of age. Then simply get a ccw from your local police station. As always there is a way to avoid the laws, not evade them, avoid them.

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