Under-21 Handgun Ownership

[Stauffenberg]

It's my understanding that an FFL can't sell me a handgun until I'm 21 (I'm currently 20). However, I've been told that in some states it's legal to actually POSSESS one, just not to buy it from a licensed dealer - i.e. private sales are ok. I ask as a friend of mine in Wisconsin just got himself a beautiful new Sig P220, and he's my age. How legal is this?

 

[SIOP]

A real quick scan of state laws looks like it's legal in Wisconsin, but you're screwed in Iowa. But don't take that as the definitive word. You might want to check the AFT web site or the NRA's web site for applicable state laws. YMMV.

Dan

 

[Indy7373]

Law is like that in florida.

20 year old with a pretty good start on a serious collection (if he does say so himself)

 

[mbs357]

What about NC?

 

[Stauffenberg]

Thanks, SIOP. Not looking for a handgun myself, just wondering if my buddy was cruising for a legal bruising.

 

[Zach S]

What about NC?

In NC (those without CHLs) have to get a purchase permit from the Sherriff's Deptpartment for it to be a legal transfer, even private party transfers. You cant get a pistol permit until you're 21.

So, you can legally own a handgun at 18 in NC, you just cant legally acquire one.

 

[mbs357]

So...I can't recieve one as a gift, through private sale, or dealer sale...but I am allowed to own one?
That sucks. =/

 

[Bear Gulch]

And the FFL cannot transfer one for you. Have someone else buy it for you,and it is called a "straw purchase". Straw purchases are highly illegal and can get the involved parties 10 years.

 

[mbs357]

So, having someone buy it, put it in their name, and then giving it to me to keep in my room will result as such? Ouch.
That was the original plan...guess that's out of the picture.
*saves up for a long gun instead*
By the way, thanks a lot guys.

 

[Bear Gulch]

FFLs are encouraged to report folks who seem to be straw purchasers. That does not mean that all straw purchasers are detected and punished. I am saying that such conduct has a risk.

 

[Ed N.]

Purchasing a firearm as a gift, however, is not a "straw purchase." If someone, say your parents, bought a handgun as a gift for you and you were legally able to own it (as here in Florida), I doubt most FFLs would bat an eye. Heck, you can even get a CCW at 18 here. Buying a handgun for your kid as an 18th birthday present is pretty much a tradition in some parts of this state.

Generally, "straw purchases" are whenever someone buys a gun on behalf of someone else who is legally prohibited from doing so.

A 20 year old (at least in Florida) is legally prohibited from buying from an FFL, but NOT from buying from a private seller. I suspect most FFLs would avoid this type of situation if they knew about it, but if they didn't, I don't see where any law would be broken. Once the older party owns the gun, what he legally does with it is his business and the FFL is no longer involved.

As a practical matter, if it's legal for you to own the handgun and you never do anything illegal with it, why would anyone ever have cause to investigate how you acquired it?

 

[Standing Wolf]

Speaking strictly as an old timer: if you're old enough to vote, pay taxes, and lay your life on the line in defense of our nation, you ought to be old enough to exercise all our civil rights.

 

[Hkmp5sd]

Heck, you can even get a CCW at 18 here.

Eligibility Requirements

You must be 21 years of age or older.

Florida Concealed Weapon or Firearm Program - Eligibility

 

[Stauffenberg]

Okay, next question. If my buddy comes to visit and go shooting with me here in Iowa, is he in danger of prosecution if he gets pulled over with the Sig on him? Even if, say, it's in his trunk?

 

[Hkmp5sd]

Depends on the state laws in Iowa. If Iowa requires a person to be 21+ to possess a handgun, then he would be in violation.