Is this true? No handgun till 21 + 1 day?

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NeoSpud

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Sorry if this is a commonly asked question that my google searching powers have completely overlooked, but when EXACTLY can one buy a handgun? I was picking up some .223 ammo today to go plinking and mentioned I'd be coming back to the gun store on Wednesday (my 21st birthday) to buy my first pistol. The guy behind the counter quickly retorted, "Better make that Thursday," as you can't buy a handgun until the day AFTER you turn 21.

This is news to me... I bought my AR-15 the exact day of my birthday when I turned 18. Why is this different? Is he wrong?

I wouldn't care that much, except I'll be out of town on Thursday through Saturday, and I've really gotten excited about finally being able to own, well, anything that I can afford. Please help me out there.

Thanks guys.
 
First of all, NeoSpud, Happy B-Day! I fondly remember my 21st birthday. There was (at that time) a recent Eagles song, called "21." It was from the "Desperado" album. (They were called albums back in 1975!)

The problem I see, for you to purchase a handgun, is that the law across the land, (Federal regulations) is that you MUST be 21 to purchase a handgun. The federally licensed dealer MUST be able to prove you're 21, else he's in violation of federal law. So the delay is in you're being able to provide proper documentation that you're actually 21 years of age.

I wish you well, young man. The fact you're posting here upon THR speaks highly for your character.
 
The problem I see, for you to purchase a handgun, is that the law across the land, (Federal regulations) is that you MUST be 21 to purchase a handgun. The federally licensed dealer MUST be able to prove you're 21, else he's in violation of federal law.
Only sorta true. There is no federal law prohibiting an 18 from buying or possessing a handgun. It only prohibits a dealer from selling it to you. If your state allows private-party sales and doesn't prohibit you from possessing a handgun, you're good to go. Research your state laws to determine if it is allowable.
 
Thanks for the quick replies, guys.

So if I brought a copy of my birth certificate down with me, stating the exact time I was born, would that be enough to prove I am in fact 21 on the day and TIME of my birthday? The thought that I couldn't buy a handgun on my 21st birthday because I couldn't prove I was actually born before that time of the day almost makes me want to laugh (in an Orwellian kind of way...):scrutiny:

Frankly, I can't find a single federal law which says that I'd have to prove that I am exactly 21+ beyond my drivers license... who cares if I was born at 11am in 1986 and I want to buy a handgun at 9am in 2007? These kind of petty issues drive me up the wall.

What am I missing here?:banghead:
 
you shouldn't have any problems .. The guy probably didn't know what he was talking about
 
Take to the gun store your State issued driver's license or ID on your 21st birthday, with cash in hand to buy the eeeeeevil :evil: handgun of your choice.

If the person decides not to sell you a handgun on your 21st birthday, seems to me that they just lost your business. Find a store that will sell to you--after all, you ARE 21!!
 
I know you're angry and need a handgun NOW, but why not wait the extra day?

Hmm, he doesn't sound angry to me. And why should he wait to exercise his right to own a handgun for the first time?


The guy behind the counter quickly retorted, "Better make that Thursday," as you can't buy a handgun until the day AFTER you turn 21.

Well you have learned the first rule of gun buying; most of the "guys behind the counter" know jack squat about either the law or the guns they sell. It will happen to you again and again :)

I'd just find another store that wants your business.
 
This hair splitting is a waste of energy. If your driver's license says you are 21, then you are 21. If the police arrested you for something, would they ask you to produce your birth certificate to prove you are 18 or 21 at a particular moment in time? I think the guy at the gun shop was toying with you. If not, the store has the right to choose to do business with you or not, just like you have the right to do the same.

Made me think what are the rites into adulthood? Age 21.... celebrate at the local bar or go buy a handgun and go shooting?
 
happy birthday neospud...just being nosey... What do you plan to get as your first handgun? Just wondering what your gun of choice was. Again have a happy and safe birthday.
 
"I know you're angry and need a handgun NOW, but why not wait the extra day?"

I missed a 10% pay raise by 1 day at my last job becuase my former boss kept putting off my performance eval. On the morning of the day she finally got around to doing it, corp froze all pay raises. I was the last member of the team to be evalled and had to wait two years before my pay equalled that of my co workers.

Moral of the story; Do NOT let them put you off a day, force the issue and get what you want, when you want it, less you may be left out.
 
But politely asking for management, having a copy of the code and is all else fails, find a new shop and tell them why you will no longer shop there.

Some shops operate as if they are doing us a favor by selling us guns when reality is we do them a favor by buying a gun. Never let then treat you like anyting but a customer.
 
Happy Birthday, NeoSpud! You still haven't told us what you plan on getting. No young man should have to spend his twenties without a good 1911 (in 45acp).
 
*sigh* I wish I was concerned about waiting to be 21 to buy a handgun...that was a while ago! :cool:

Enjoy your birthday! :D
 
The day you turn 21 ought to be okay... seems that the signs at grocery stores and other places selling tobacco products read like this: If you were born before today's date in 1989, you ain't eligible to buy 'baccy. Pretty sure the same thing goes for liquor and guns. If you wanna buy somethin' from that gunstore in question, you ask 'em what section of the US legal code they're getting their cockeyed notions from.

Oh, and happy birthday!
 
I'm calling BS on the gun store owner. Even though it was many, many years ago I purchased my first (of many) handgun on my 21st birthday.

Happy Birthday, don't let some jerk steal your joy.
 
Well thanks so much for the support, guys!

I'm not sure exactly what I want to get, but depending on what store I end up going to I've got it down to a Taurus 24/7 or a good 1911 (of which there are about a million different flavors;) )

I'll let you know on Wedesday how everything goes... I've kept looking and I can't find anything federally that says I can't buy a handgun on my 21st birthday. The dealer did say that I'd be denied if I went to anywhere else (because the background check would come up invalid)... but I don't want to believe him. Any chance there is an ATF law that'll catch me during the background check???

I'm still holding out hope that I can get myself my first .45 before the week is over.

You guys rock, thanks for all the support. I'm so glad I found this site; this is the best firearms forum I've ever seen. I'll let you know ASAP how my quest ends up. Thanks again!
 
I stepped into my first casino at 12:00:01 on my 21st birthday and had my first legal bourbon in hand about two minutes later. Once midnight hits, that's it, you're of age.
 
FWIW, here is what the law says:

A licensee cannot deliver "...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..."

So on your 21st birthday, no matter what time you were born, you are no longer "less than" 21.

I think the dealer was just unsure of the law and was covering his own a** in case you were a BATFE or Bloomberg stooge trying to get him.

Jim
 
Awesome Jim.

In my mind, the scales have tipped back over to "you're gettin' a handgun!" :D

Still, that guy has lost my business, which is disappointing since his shop has sold me 3 rifles thus far. Actually though, I really don't owe him any favors since he did rip me off on an M-1 Garand rebuild (Sold it high, told me it was a '43 "Safe Queen"... thems the schools o hard knocks, eh?). I did get a good underfolder AK and a nice SKS from him, but whatever... I only like that store because it's on the way to the range, so I can pick up some cheap surplus ammo instead of buying wally-world crap (that is, if I'm only plinkin).

It looks like Gun City will be my destination this Wednesday.

Thanks again guys, I owe you one.:)
 
First of all, NeoSpud, Happy B-Day! I fondly remember my 21st birthday. There was (at that time) a recent Eagles song, called "21." It was from the "Desperado" album. (They were called albums back in 1975!)
They still are.

What you're experiencing is age discrimination and you shouldn't tolerate it. I don't understand why customer service is so disgustingly poor in many gun shops these days.
 
The dealer did say that I'd be denied if I went to anywhere else (because the background check would come up invalid)... but I don't want to believe him. Any chance there is an ATF law that'll catch me during the background check???

HAHAHA!!!! Background check "invalid" at 21?! What a load of BULL!!!!

I was told twice, once at 18, once at 21, that my background check would likely be delayed because "they always delay you on the first one." 18 went right though, 21 took 5 minutes because in New Hampshire it goes to State Police and I don't think they're automated like NICS. (And I think they call NICS too, after their own review.)

Find a shop that will sell you what you want and buy it from THEM. And happy birthday! I bought my first handgun sooner than I bought my first 6-pack. I wanted that .44 so much more! ;)

Good luck!
 
Look, I work at an FFL, that guy's full of it. Just get someone else to work with you, because "so-and-so doesn't want to work with me until tomorrow". Unfortunately, where I work, I don't get comission, while they probably do, so just make sure that guy doesn't get his "cut". And make sure to smile and wave at him as you walk out with a handgun.

Or even better, walk in with a copy of the federal law; at my job, there are days where I'll sit and read the federal/state laws to figure out the answer to questions.

If they won't deal with you, shop somewhere else that day--I'm sure you'll find an FFL happy to do business with you. Especially if you have cash.
 
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