Military Exception for Handgun by 18 year old


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SLCscottie
June 18, 2009, 09:01 PM
Is there an exception in the military for an 18 year old on base purchasing and having a personal hand gun? This question is posed by a 17 year old in high school.

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bigfatdave
June 18, 2009, 09:20 PM
Why should there be?

Being issued a firearm doesn't give you a free pass to bypass the law off-duty.
This response is provided by a 6 year veteran and law-abiding private citizen.

Now, I can't speak for your state's laws, because you didn't provide a state. In many states the posession of a handgun is not limited to 21+, but the purchase is, so if you were gifted or inherited a handgun, you would be good to go.

30mag
June 18, 2009, 09:47 PM
Why should there be?

Being issued a firearm doesn't give you a free pass to bypass the law off-duty.
I'm actually pretty sure it is written into the law.

I think the idea is that if a person has chosen the responsibility to protect our country, they can buy a handgun.

30mag
June 18, 2009, 09:58 PM
I cannot find it.
I don't think it is legal.

There may be a section somewhere talking about the possession of handguns.

danweasel
June 18, 2009, 10:40 PM
Yes, that was off topic. Anyways, I would think the military being what is (In Alaska the only folks who CAN"T CC are military) it's not likely allowed.

Quiet
June 19, 2009, 12:41 AM
There is no military exemption to the Federal law restricting the transfer of handguns and other firearms by FFL dealers to persons less than 21 years of age.

However, the legal age to own a handgun is 18+.
Persons that are between 18-20 years of age can be gifted handguns and/or can purchase them through private party transaction (if the state they reside it allows such transfers).

gvnwst
June 19, 2009, 12:59 AM
Persons that are between 18-20 years of age can be gifted handguns and/or can purchase them through private party transaction (if the state they reside it allows such transfers).

Anyone know of a list that covers these states?

John Parker
June 19, 2009, 07:31 AM
'Gifted' is not a verb. Should be 'given.' I even looked it up on dictionary.com! :D You can use 'gift' as a verb, just not the past tense. Oh I hate myself sometimes. :rolleyes:

NavyLCDR
June 19, 2009, 10:03 AM
An additional concern for a young, single military person owning a handgun is the fact that in 90+% of the bases, you will not be allowed to keep that handgun in government provided barracks.

But as stated earlier, Federal law only prohibits <21 from obtaining handguns from FFLs. Possession and private party sales/gifts are covered under state laws of the state that you will be ordered to.

TexasRifleman
June 19, 2009, 10:08 AM
I'm actually pretty sure it is written into the law.

I think the idea is that if a person has chosen the responsibility to protect our country, they can buy a handgun.

There is no such law, not Federal anyway. The argument has been made certainly, as it's been made about drinking, but no change in the law ever came from it.

Hammer21B
June 19, 2009, 10:10 AM
Army posts allow for storage in the military vault provided the commander OKs it

rtroha
June 19, 2009, 11:06 AM
They passed a law legalizing possession for 18-20 year old military in Ohio last year but they forgot to also modify the law legalizing selling to those 18-20 year old military.

deadin
June 19, 2009, 11:24 AM
They passed a law legalizing possession for 18-20 year old military in Ohio last year but they forgot to also modify the law legalizing selling to those 18-20 year old military.

Does Ohio have a law on the books that makes private party sales of handguns to 18-20 year olds illegal? (That they didn't change.) The Federal Law that does this only affects sales by FFL's and Ohio can't do anything about that.

NavyLCDR
June 19, 2009, 12:15 PM
It is against Ohio Revised Statute 2923.21 to furnish a <21 person with a handgun, except under supervised conditions. This means selling, gifting or otherwise transferring, and there is NO exception for parents and/or military. The only exception if for law enforcement officers who are <21.

It is also against the same statute to furnish a handgun to a 21 or over person with the knowledge that that person will subsequently furnish that handgun to a <21 person.

It is against Ohio Revised Statute 2923.211 for a <21 person to attempt to purchase or purchase a handgun. This is really weird, though. .211 only forbids "purchase", not otherwise attain. Also .211 contains an exception for military and Ohio National Guard, either active or discharged, who has received training in the use of handguns. HOWEVER, who the heck are they supposed to obtain a handgun from that would not violate .21?

There is no prohibition in Ohio Revised Statute that prohibits the POSSESSION of a handgun by a <21 person, and I don't know that there ever was.

http://codes.ohio.gov/orc/2923

mgkdrgn
June 19, 2009, 01:35 PM
Is there an exception in the military for an 18 year old on base purchasing and having a personal hand gun? This question is posed by a 17 year old in high school.

Nope.

SLCscottie
June 19, 2009, 08:11 PM
I didn't think he would be able to take one on base. I told him I would check on this site for him.

Thanks for the input.

Ravenlunatic
June 19, 2009, 08:13 PM
In the military, you can buy and drink beer on post when under 21. I remember in BCT, a lot of young guys drinking way too much beer. a few of us "older" guys, (21 or there abouts) would go into the over 21 club to get away from the noise.

Michael

Yo Mama
June 19, 2009, 08:20 PM
Quiet had the answer.

TheWarhammer
June 19, 2009, 08:27 PM
'Gifted' is not a verb. Should be 'given.' I even looked it up on dictionary.com! You can use 'gift' as a verb, just not the past tense. Oh I hate myself sometimes.

You didn't read far enough down the page.

From Dictionary.com:
gift
–verb (used with object)
5. to present with as a gift; bestow gifts upon; endow with.
6. to present (someone) with a gift: just the thing to gift the newlyweds.

Gotcha! :evil:

chuckusaret
June 19, 2009, 10:28 PM
I spent 24 years in the military and no enlisted person that live in bachelor quarters was allowed to have any type of weapon, gun, hunting knives, num chucks or whatever. As a senior non com I lived on post in family housing and was required to register all weapons that I owned including compound bows with the Provost Marshall. In some units, if you lived on post, as a senior non com you were required to get the commanders permission to purchase a firearm.

non com= Non Commissioned Officer (NCO)

Tim the student
June 19, 2009, 10:45 PM
In the military, you can buy and drink beer on post when under 21

I think thats only true OCONUS. It is definitely not true on Ft. Bragg, but it was true in Italy and Germany. In my experience at least.

NavyLCDR
June 19, 2009, 10:55 PM
In the military, you can buy and drink beer on post when under 21.

That is not true anymore, anywhere. Even on aircraft carriers during a beer day at sea in international waters.

SHvar
June 19, 2009, 11:04 PM
No, in order to buy, own, carry, handguns in most states you must be 21, it doesnt matter if you are in the military and can be issued one for carry on duty, or use on a range. The issue weapon is purely for duty in uniform.
In fact most military bases have far stricter laws and rules about what you can have, carry, when, and where, even when off post if you are stationed there.
Its much simpler to wait until you can do so legally, not risk being caught and end up possibly not being able to legally own one in a few years when you are 21 (depending on location it can be a felony).
It was easier for me years ago to buy a rifle on the way home and leave it at home.

deadin
June 19, 2009, 11:43 PM
Even on aircraft carriers during a beer day at sea in international waters.

Beer Day at sea??? When did this happen?????

bigfatdave
June 20, 2009, 12:07 AM
Beer Day at sea??? When did this happen?????When you have been at sea so long that you don't remember what land looks like.

NavyLCDR
June 20, 2009, 11:55 AM
No, in order to buy, own, carry, handguns in most states you must be 21, it doesnt matter if you are in the military and can be issued one for carry on duty, or use on a range. The issue weapon is purely for duty in uniform.

That's not true. In AT LEAST 35 states the legal age for possession of a handgun is 18. The only state I can think of that possession of a handgun is legal at 18 and the purchase of that handgun (in a private sale) is not legal is Ohio. Here is a quick reference:
http://www.opencarry.org/age.html

and that map is not completely accurate regarding possession, because in a state such as Washington, possession of a handgun by an 18 is legal, but carrying that handgun for protection is not, so it is listed as 21 on that map.

I think a lot of people just have problems with 18 year olds being able to own handguns and defend themselves and make exaggerated statements regarding how "illegal" it is for them to do so.

SHvar
June 20, 2009, 12:46 PM
Maybe I should have reworded that.
There are states that possession is legal for an 18 year old, but to carry is illegal. In other words being at home with the handgun on the property you live on is legal if you bought it from private sale (not from FFL, they can only sell to 21 or older). The law specifies that in order to take that handgun outside your property it is being "carried" therefore carrying it requires someone 21 or older.
Check your states specific laws on carry, transport, ownership, buying, etc before you follow someones advice. You are the one who will do the time if you follow the wrong advice.

ilbob
June 20, 2009, 12:52 PM
Is there an exception in the military for an 18 year old on base purchasing and having a personal hand gun? This question is posed by a 17 year old in high school.

Being in the military has no bearing on it, other than there are additional restrictions the military often places on personal ownership of firearms.

Joe Demko
June 20, 2009, 12:56 PM
Generally speaking, I'd say the military rather discourages their personnel from having weapons other than ones Command wants them to have, when Command wants them to have weapons at all. Certainly, enlisted personnel who are living on base have far more restrictions placed on them than does John Q. Public.

HorseSoldier
June 20, 2009, 01:28 PM
+1. The military really isn't very keen on members having firearms the chain of command does not have complete control and accountability of -- as strange and/or schizophrenic as that may seem.

Armybrat
June 20, 2009, 06:20 PM
In Texas, members of the military age 18 & up may apply for CHL permits.

John Parker
June 21, 2009, 11:51 AM
Gotcha!


No, you can use it as present tense, but when you try to use the past tense (+'ed') it becomes an adjective!

danbrew
June 21, 2009, 02:28 PM
In the military, you can buy and drink beer on post when under 21. I remember in BCT, a lot of young guys drinking way too much beer. a few of us "older" guys, (21 or there abouts) would go into the over 21 club to get away from the noise.

Not for a long, long, long time. In Alaska in 83, yes. At Fort Campbell in 85, no. We'd turn right out of the main gate and go into TN if we had folks < 21 with us. We'd turn left out of the main gate and go into KY if we were all above 21. The strip bars were better in KY. It's been a while, so I may have gotten my left right lefts confused.

Bravo & Charlie Companies of the 6/327 had a shootout with each other in 81 or 82. Bunch of dumb drunk stupid ****ers were hanging out the windows of the barracks and blasting away back and forth at each other. Nobody injured, but probably 40 bullet holes in the side of the barracks. There were 2-3x weekly sweeps of the barracks for guns. If you got caught, you were seriously ****ed.

toivo
June 21, 2009, 02:35 PM
No, you can use it as present tense, but when you try to use the past tense (+'ed') it becomes an adjective!

Not exactly. With the "-ed," it CAN be an adjective, but it can also be a past-tense verb:

Sally is a gifted child. (adjective)

John gifted a handgun to his son-in-law. (past-tense verb)

IMO, "gift" as a verb isn't really standard usage, but is legalese for "gave as a gift."

Back to the OP--my state (New York) law says that the 21-year-old requirement for CCW "shall not apply to persons honorably discharged from the military." Oddly, it doesn't give any minimum age requirement for those people, but I would assume it isn't possible to be under 18 and have been discharged from the military. However, the federal restriction still applies, so you would be able to have a New York permit, but couldn't legally purchase a pistol from a licensed dealer. I'm guessing that gifting would be legal, but I'm wondering about private FTF sale.

Extremely Pro Gun
June 22, 2009, 02:20 AM
Texas is one of those states where 18-21 can have handguns just not carry them. I used to own a few that i bought through private transfer at that age. I had my dad buy me ammo, and I could go to the range to practice and use them at home for defense. I believe you can have one in your vehicle as well because it doesn't require a conceal carry permit. Im old enough for a CHL now. :D

Federal law is about the purchase of the gun and ammo.

State law is possession

RiverCity.45
June 22, 2009, 07:44 PM
In Texas, active duty military can get their concealed carry license at age 18, versus 21 for civilians, so they must be able to own one (but apparently not buy one).

carebear
June 23, 2009, 05:54 PM
In Texas, active duty military can get their concealed carry license at age 18, versus 21 for civilians, so they must be able to own one (but apparently not buy one).

...from a Federally licensed dealer.

Never forget that part when talking about states where private-party transfers of handguns are allowed below 21.

Precision is important when it comes to the law and it is through imprecision and misstatement that the anti-gunners try to rally support.

Our best weapon is to explain, precisely, why they are wrong on the facts. Thinking people (and journalists) will take notice and begin to grant them less credibility the more we can do that.

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