handgun as a gift...couple legality questions


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CherenkovBlue
July 29, 2007, 07:06 AM
i am 18 years old, live in VA, and just recently moved away from home, i was given a taurus ultralight .44 magnum as a gift from my parents, i just want to double check that it is in fact legal for me at my age to possess this gun and OC if i wanted to without any problems.

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glassman
July 29, 2007, 10:31 AM
I would guess that depends on the laws of the state you moved to. There is a thread listing the laws of the various states that you should look up before carrying.

Kimber1911_06238
July 29, 2007, 10:32 AM
not sure how old you have to be to carry or possess a handgun in VA. Check the laws and follow them.

borrowedtime69
July 29, 2007, 12:13 PM
i think , according to federal law, AKA BATF, a person must be 21 in order to possess a handgun. there may be exemptions, but you need to check them out. - Eric

Gator
July 29, 2007, 12:29 PM
18 is OK in Virginia for possession of handguns, but 21 for a carry permit.

http://www.vsp.state.va.us/Firearms.shtm

Car Knocker
July 29, 2007, 01:36 PM
a person must be 21 in order to possess a handgun.
This is incorrect.
(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. [B]However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[18 U.S.C. 922(x)]
http://www.atf.treas.gov/firearms/faq/faq2.htm#b14

Dealers (FFLs) are prohibited from selling a handgun to anyone under the age of 21. Federal law does not prohibit the gifting of handguns to those over 18 or face-to-face sales that do not involve an FFL.
(F6) Does a customer have to be a certain age to buy firearms or ammunition from a licensee?

Yes. Under the GCA, long guns and long gun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some State and local ordinances have lower age requirements, [B]dealers are bound by the minimum age requirements established by the GCA. If State law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement.

[18 U.S.C. 922(b)(1), 27 CFR 478.99(b)]
http://www.atf.treas.gov/firearms/faq/faq2.htm#f6

CherenkovBlue
July 29, 2007, 07:26 PM
info was very helpful, im still going to talk to a lawyer about it to be on the safe side. i dont want to be exercising my rights and suddenly find myself in the back of a police car or anything... the LEO's around here, although most of them are just good ol'boys making a living, some tend to be a little ignorant of what is and isnt legal.

JimmyN
July 30, 2007, 11:01 AM
The info they gave you is correct. In VA the minimum age to own, and open carry, a handgun is 18. You have to be 21 to buy handgun ammunition, to buy a handgun from a dealer, or to obtain a concealed carry permit. Private sales and gifts are OK.

But if you open carry it you should expect to be questioned occasionally, as they will want to make sure you are at least 18.

kellyj00
July 30, 2007, 01:15 PM
I gave my dad a brand new taurus pt99 9mm for fathers day about two years ago. No problems, no issues.... I was legal to buy it.

I sold my brother a sig 2340 that I had bought off a friend. No issues.

I have a remington 870 that I bought at a gun show from some fella named "Ken". paid cash for it. Neither of us knew each other.

The only gun I have that is actually "in my name" is the XD 9mm.... but I've heard from quite a few folks that your application to buy a gun from an FFL just goes into a box at the ATF and they don't have even so much as a database. They can not regulate intra-state transactions, so you're ok to buy/sell whatever you want within your state. However, if you sell your stuff to some fella off the internet or out of the newspaper, I'd ask to see state ID before selling, you're just watching your own butt that way. If it's an undercover ATF agent and you don't check for ID that says they're a resident of your state, you're going down for a federal crime.

That's just how I understand it. It is not legal advice, only what I've heard. For actual Legal information I'd go to an attorney, but I follow the advice given above.

Gohon
July 30, 2007, 03:18 PM
so you're ok to buy/sell whatever you want within your state.

Be careful with blanket statements like this. Each state has their own laws concerning firearm transactions between private citizens. Some allow it, some don't and some require only a FFL dealer handle the transaction between the two parties. Know your state laws.....

Carl N. Brown
July 30, 2007, 04:11 PM
Purchase,
possession at home,
self-defense at home,
transport for target shooting or hunting,
open carry for self defense,
concealed carry for self defense,
all may have different age limits and other
legal restrictions based on state or city.
The best advice is to learn your local laws
and those of any jurisdictions you may travel in.
State preemption laws or KISS--keep it simple by state--
is a good idea, although the anti-gunners prefer a
crazy quilt of conflicting county and city laws or
FUD-fear, uncertainty and doubt designed to
discourage gun ownership.

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