Gifting a handgun to a minor?

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apgamer

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THR, Can a parent gift a handgun to an 18 year old in the state of Maine?


I am a newly graduated from highschool and my father has decided to give me a first handgun as a graduation gift. We just got back from the store where he picked up a new Beretta M9 and I have questions concerning the legal issues.

As of now the gun is totally in his name, he purchased it on his own and it legally belongs to him.

-Can he gift or sell it to me for $1? I realize that I can legally posses the handgun in my state at 18 ( hell, I can get my carry permit!) but can I actually purchase it and own it as mine?

From what I understanding, I can purchase it from him directly as it is a sale between two individuals and not thru an FFL. Only FFl's are prohibited from selling handguns to people under 21 in the state of Maine.

http://www.bradycampaign.org/legislation/state/viewstate.php?st=me

even the Brady Campaign says it is legal

thanks for your help.
 
markk-

wouldn't it be considered a straw purchase?

Does this only apply to a father/son relationship?
 
Sans Authoritas-

thanks for the quick link, I'll start reading it now!

I appreciate the help guys
 
wouldn't be considered a straw purchase?
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Not if it's a gift as you claim in your original post. Forget the selling for $1 business, it's not necessary for any legal reason.
 
I don't get why you can't get carry permits at 18 in my state. I can open carry at 18, but I can't get a CCW until 21, why is that?
 
well,

according to the NRA link,

"It is unlawful for any person to transfer a handgun to a minor under 18."

so I guess I am in the clear. I'll just draw up a "bill of transfer" or something.

Thanks for the help guys
 
I just feel like I should have something documenting the transfer.
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If you want to, that's fine, but it is entirely unnecessary.


And BTW, Congrats on your Graduation.
icon14.gif
:)
 
"...draw up a "bill of transfer"..." No need. It's a gift. At 18, you're all set to own a handgun and get the CCW by State law. Not all U.S. States consider a citizen who's old enough to serve in the military, not also mature enough to own and carry a handgun. U.S. Federal law is another thing.
 
Again, what is the need for the bill of sale? If your father gave you a knife, would you get a bill of sale from him?

But on the other hand, maybe you don't trust your father?

My father gave away all of his guns before his death. None were with a bill of sale. The only thing he did wrong was he didn't give them all to me.
 
you can have the gun, but buying ammo is another thing. You'll pretty much be confined to having to buy ammo at the range. Can't keep any in your direct posession.
 
the monarchy (feds) say that you have to be 21 to buy a handgun. Be careful in your state.

Having said that I gave my daughter a Smith 19 for her 15th B day. Screw the fascists.
 
RP88 said:
you can have the gun, but buying ammo is another thing. You'll pretty much be confined to having to buy ammo at the range. Can't keep any in your direct posession.
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Bearing in mind that Maine allows CCW at 18, I find this pretty hard to believe.
 
Guillermo said:
the monarchy (feds) say that you have to be 21 to buy a handgun. Be careful in your state.
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This is only partially correct. Fed law says you must be 21 to purchase a handgun from a licensed dealer, the law also allows for the FTF sale from a non-dealer (private sale) at 18.
 
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As far as the Feds go, yes, he can legally you gift you the gun. Yes, you can have ammo in your possession if it's legal in your state.

Again, what is the need for the bill of sale? If your father gave you a knife, would you get a bill of sale from him?
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It's not a knife. It's a gun. If it was made after 1968, it has a serial number. When you transfer things that are serial numbered and have been involved in inter-state commerce (?), it is a good idea to keep a record of the transaction. It's no different than a car. What if his Dad dies? He will likely need a signed bill-of-sale to document that transaction until he turns 21 at which they can pound sand.

the monarchy (feds) say that you have to be 21 to buy a handgun.
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No, it doesn't. It says you have to be 21 to buy a gun from a licensed dealer.
 
Again, what is the need for the bill of sale? If your father gave you a knife, would you get a bill of sale from him?

But on the other hand, maybe you don't trust your father?
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I think it's the goverment he doesnt trust, not his father, and I cant say I blame him at all. Apparently he has managed to learn something they dont teach in school.;)

Also, could having a bill of sale hurt anything? No
Could it possibly help in some unlikey and/or rare situation? YES
As Desertscout said:
It's not a knife. It's a gun
Click to expand...

Beleive it or not, many people, LEOs and the government included, get a little freaky and touchy (and are sometimes just plain ignorant of gun laws, and try to enforce what they think is the law or what they think should be the law, when it isnt) when it comes to guns, as opposed to most other object. Case in point, there was no NICS check to get my drivers license, and no waiting peroid to buy my car, or my chainsaw, and both of those can be used to commit crimes, including murder, and are both potentionally dangerous items also.
 
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