I'm looking at a pistol I like on gunbroker. The problem is, I dont turn 21 for about a month. The question is, could I order now and have the FFL it gets shipped to hold it until I come of age? Is it legal for me to actually pay for a handgun before I'm 21 as long as its not transferred to me? Does gunbroker have a policy against it?
Not quite 21, can I order a handgun?
- Thread starter Ironclad
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FIVETWOSEVEN
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Yes, legally, because you aren't taking possesion of it or being transferred it. Depends if the gunshop would be willing to do it or if Gunbroker has a policy against it.
now im not a lawyer...
but i dont know of any federal laws that say you cant pay for a handgun while under the age of 21......
as far as i know, the laws only apply to ownership.
as for Gunbroker.....i cant say......the best course of action would be to ask them directly....
....ide be sure to run this idea by both the seller, and your FFL....and make sure they are ok with it.....
...also be sure to check local laws accordingly.
but i dont know of any federal laws that say you cant pay for a handgun while under the age of 21......
as far as i know, the laws only apply to ownership.
as for Gunbroker.....i cant say......the best course of action would be to ask them directly....
....ide be sure to run this idea by both the seller, and your FFL....and make sure they are ok with it.....
...also be sure to check local laws accordingly.
Bubbles
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As long as your transfer dealer is cool with it, it shouldn't be a problem. Just make sure he knows that you won't be picking up the pistol immediately.
I put in a support issue with gunbroker. The way I see it, anybody can order a gun, and it is the FFL's responsibility to make sure the person they transfer it to is legal.
On a side note, what happens if a person orders a gun and then gets rejected on the background check? You end up paying for a gun that you can't possess?
On a side note, what happens if a person orders a gun and then gets rejected on the background check? You end up paying for a gun that you can't possess?
dogtown tom
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Yes.
No.
Only the actual purchaser may complete a Form 4473 and take possession. If you pay for the gun and have your neighbor, sister or best friend fill out the 4473 you and they are engaging in a "straw sale"....a Federal crime.
No.
You need to discuss this with the dealer who will handle your transfer. The seller is under no obligation to take back the gun and refund your money.
If this happens the dealer could sell it on consignment or allow you to list the gun for sale on GunBroker or a gun forum. He will not let you sell it to a friend or neighbor as that is a classic straw sale.
.
Sorry I wasn't clear. I meant "Is it legal for me to actually pay for a handgun before I'm 21 as long as its not transferred to me [until after I turn 21]?
So far it looks like it is
I'm not really worried about failing the background check as I have always passed before. I just got to wondering about how that gets dealt with. I'm sure it happens on occasion. Is it possible to "pre qualify" before ordering or does the NICS have to be done the same day as the transfer?
Telekinesis
Member
The laws only apply to the TRANSFER of the firearm through an FFL. Fed law only restricts pistol ownership of minors. Any adult 18 or older can possess a handgun. (look at my sig for the legal site)
Back to the OP. Legally you would be clear to buy it but not transfer it until you're 21. The only problem would be if the dealer or seller has an issue with it. Definitely talk to the dealer first. If you can't find a dealer to wait the month, there's no reason to ask the seller. You may have a better chance getting the dealer to agree if you're on good terms with the shop and have made other purchases there before (long guns, ammo, or other things that they sell).
Personally I wouldn't even bother the seller with the info that you are under 21. In my view, he really doesn't need to know. All he should need to do is accept the payment and ship the gun (as long as everything is legal).
***This advice is definitely not going to win me points here, but it is what I would personally do. I've just run into too much **** from people who think they "know the law" better than I do and have become rather jaded about the whole process. You can only explain the legalities to people so many times before you just decide its not worth it unless they ask. (I've only got 4 months until I turn 21 myself, and I've bought and/or sold 5 or 6 handguns since turning 18). You may have a different opinion and that is fine. Please don't take my advice if you have any moral or ethical qualms about it.
NICS won't pre-qualify you as I'm pretty sure that you need to have a 4473 to correspond with each call (but I'm not a FFL so it is very likely that I'm mistaken). As long as you have passed the check before, you'll be fine (baring any felonies that you've been convicted of since your last check
). The only difference between the rifle check and the pistol check is that you have to be a different age, nothing else is changed.hermannr
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You have to use a local FFL. He is the guy that will receive the weapon for you, he is the guy that is responsible for making sure you are 21 when you take posession of the gun..OK? Will he hold the gun for you for a month? Who knows, ask him. He does not have to give you the weapon the day he receives it if that is what you are asking, and he cannot give it to you until you are 21 anyway, part of his FFL.
What I think you missed though is, most dealers on gunbroker etc, will give you 3-5 days if you do not like what you actually received or something went wrong with the transaction...then what do you do...30 days...the person you purchased it from has booked the sale it it is yours, like it or not. Is that a risk you wish to take?
There is one other possibility, you may want to try, and that is ask if you can have the seller put it on Layaway for 1 month. You will have to pay some (maybe all) up front but who knows. IMHO: if the seller will hold the weapon for you, that would be the best in your particular circumstance.
What I think you missed though is, most dealers on gunbroker etc, will give you 3-5 days if you do not like what you actually received or something went wrong with the transaction...then what do you do...30 days...the person you purchased it from has booked the sale it it is yours, like it or not. Is that a risk you wish to take?
There is one other possibility, you may want to try, and that is ask if you can have the seller put it on Layaway for 1 month. You will have to pay some (maybe all) up front but who knows. IMHO: if the seller will hold the weapon for you, that would be the best in your particular circumstance.
pikid89
Member
i would say unless your heart is really set on that particular gun...find a local used gun that you can buy face to face for cash...no 4473, no background check, totally legal for anyone 18 and up (assuming your not prohibited) and the best part is, you can do it TOMORROW!!! not next month!
ccsniper
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My FFL let me order an AR 4 months before my 18th birthday. He just held it for me till my birthday. My FFL is a great guy.
FIVETWOSEVEN
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Well either you were denied and have to go through the appeals proccess to get it or you're an idiot and ordered one while knowing that you have a warrant out or you're a felon and you deserve it.
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