Letter of the Law
N3rday
March 6, 2006, 08:40 PM
Ok, it's been a while since I've been on this forum. Last time I was here (during the *gasp* AWB) I saw a few topics where someone would write a government official of some sort to confirm or deny the wording of a law. Now, I'm 19 and living in TX. Here the legal age for ownership of a handgun is 18. However, federal law prohibits anyone under 21 from buyinga handgun from an FFL, but does not prohibit private transfers of handguns to people that can legally own them. Basically, I can buy a handgun from any old joe but not my local gun shop. Makes no sense to me, but whatever, that's what the laws say.
Anyway, I am interested in buying a handgun, but as a buyer I don't want to have to try to convince a seller that the transaction is legal. Is there some place I can write to confirm that it is in fact legal for me to purchase a handgun in a private transfer? I know it isn't illegal, but it would be really nice to have that in letter form from a government official rather than forcing someone to take my word on it.
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XLMiguel
March 6, 2006, 09:31 PM
Well, you could go to your state government's website, or maybe Texas DPS and look up gun laws. Or try packing.org or nra.org or google, and see what you can find there regarding Texas gun laws. Once you find the relevant section, you'll have your answer and you can print it off and keep it with you, if appropriate and necessary. Good luck.
N3rday
March 6, 2006, 09:35 PM
Well, the problem is, there isn't anything I can print to show that it's legal...it's legal because it isn't illegal. I suppose I could print the federal law stating the 21 year requirement is to buy from an FFL, but I'd really like a hard copy of something official saying it's ok to do so.
brickeyee
March 6, 2006, 09:45 PM
The law does not work that way.
Things not prohibited are allowed.
N3rday
March 6, 2006, 10:08 PM
No, I know that, I'm just paranoid that the person I would try to buy from would assume that it's prohibited for all purchases, rather than just FFL ones. Maybe I'm just paranoid, but I don't want to make anyone think I'm trying to do something I shouldn't be. I think I'll just have to print out the Texas law regarding handgun ownership and the federal handgun ownership law (forgive the lack of legal terminology, don't know the names of the laws) and show it if they are unsure. Just trying to cover all bases and not put any pressure on a seller =).
Kim
March 6, 2006, 10:57 PM
Buy from someone you know. In TX that should not be hard to do. Or have someone you know put you in touch with someone they know. In Arkansas if I wanted a hangun tonight I could find someone I know to buy one from. Surely TX is as good or better.
Nick1911
March 6, 2006, 11:02 PM
I would write the ATF. I have done so in the past and gotten good results. Just be sure to phrase it very directly. Then you will have a nice printoff on ATF watermarked paper stating what you know.
FWIW I'm 19 in Indiana - I have the exact same issue.
wdlsguy
March 6, 2006, 11:58 PM
You could print out and carry the following:
http://www.nraila.org/GunLaws/StateLaws.aspx?ST=TX
N3rday
March 7, 2006, 12:57 AM
Thanks! I'm thinking I'll write the ATF...seems to be the safest way to do it. Do you think many sellers would hesitate to sell to someone under 18 in TX? How many people are ignorant of the laws?
EOD Guy
March 7, 2006, 09:39 AM
The Texas Penal Code, Title 10, Chapter 46, Section 46.06(a)(2) makes it an offense to sell a firearm to a person under the age of 18; therefore, it is not illegal to sell to an individual that is 18 years of age or older.
There should be a link to the Texas Penal Code on the web.
wdlsguy
March 7, 2006, 11:55 AM
There should be a link to the Texas Penal Code on the web.
http://www.capitol.state.tx.us/statutes/pe.toc.htm
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