I was gifted a handgun by a family member after I turned 18 (I'm currently 19). I eventually decided I had little use for it, so I found someone who was willing to buy it. I had already done my research on transfers under 21 in PA and found that there was no law stating that an FFL may not transfer from someone under the age of 21, only to, and as such I should be allowed to transfer the firearm to someone over 21, which my buyer was. The only stipulation would be if the buyer's PICS check failed, the FFL would have to retain the pistol until I found a legit buyer. I wasn't worried about this because my buyer had a LTCF.
Upon calling the FFL I explained the situation to him, and he insisted that not only could you not sell a pistol through an FFL between the ages of 18-21, but you could not even OWN one and that a parent would have to handle the transfer. I went round and about with him (albeit respectfully), tried to inform him that it was perfectly legal to possess a handgun between the ages of 18 and 21 if the firearm had been gifted to you, etc. and finally decided to humor him at my Dad's expense, whom I had to run all the way out there with me to do the transfer. I had intended not to mention anything about our phone conversation but when I arrived, the FFL asked if I was the person who'd called earlier. I said yes, and he asked who told me that I could own a pistol under 21. I told him no one did, that I had done my own research. He asked me where I did this research and I told him through pro-rkba sites on the internet, at which point he laughed and said, "you're not even smart enough to own a gun." At this point I left things go because I didn't want my buyer arriving to a spectacle. My Dad asked a few questions and the FFL answered them. He basically told my Dad that he could be charged with endangerment for allowing anyone under 21 in his household to handle a firearm unsupervised, even if the person was of or above the age of 18. I just bit my tongue and awaited the arrival of my buyer.
My buyer arrived. The transfer was made. We all shook hands and left.
I intend to take some paperwork to the FFL so that he may be better educated on the subject. I took this issue to the PAFOA boards and some good folks there pointed me to the laws regarding the issue. What I'm looking for now is supporting information I can point to for leverage so it's not just me standing there pointing at the laws and trying to explain them to him. I'm not really sure what exactly I'm looking for; court cases, legal or pro-rkba documentation, lawyers opinions, etc. or perhaps suggestions as to how to explain the laws to him in a such a way that he cannot claim I am misinterpreting the laws.
The reasons I intend to discuss this issue with the FFL are multiple; for one, he's a relatively popular FFL in the immediate area. If he is spreading misinformation around he is doing nothing to help legal gunowners in my area.
Secondly, the FFL was recently elected to a government position that he will be assuming shortly. I've been a member of the Tea Party movement since it's inception, and as such I feel that it is the electorate's responsibility to hold it's officials accountable. Obviously no one has tried to set the record straight with this FFL, so why shouldn't I? I feel that he should understand that if he resorts to insulting his constituents intelligence and acting as if he is above being corrected by them, he will not remain in an elected position for long (disclaimer; obviously this isn't the case in larger-scale elections but, in this area, local politicians who treat their electorate like scum aren't tolerated for long).
I've already contacted my attorney general's office for an opinion, as well as the NRA. I'm going to contact my state rep for copies of the laws pertaining to the topic as recommended by the good folks at PAFOA.
Any suggestions, criticisms, materials, and discussion are welcome within the scope of High Road rules.
Thanks!
Upon calling the FFL I explained the situation to him, and he insisted that not only could you not sell a pistol through an FFL between the ages of 18-21, but you could not even OWN one and that a parent would have to handle the transfer. I went round and about with him (albeit respectfully), tried to inform him that it was perfectly legal to possess a handgun between the ages of 18 and 21 if the firearm had been gifted to you, etc. and finally decided to humor him at my Dad's expense, whom I had to run all the way out there with me to do the transfer. I had intended not to mention anything about our phone conversation but when I arrived, the FFL asked if I was the person who'd called earlier. I said yes, and he asked who told me that I could own a pistol under 21. I told him no one did, that I had done my own research. He asked me where I did this research and I told him through pro-rkba sites on the internet, at which point he laughed and said, "you're not even smart enough to own a gun." At this point I left things go because I didn't want my buyer arriving to a spectacle. My Dad asked a few questions and the FFL answered them. He basically told my Dad that he could be charged with endangerment for allowing anyone under 21 in his household to handle a firearm unsupervised, even if the person was of or above the age of 18. I just bit my tongue and awaited the arrival of my buyer.
My buyer arrived. The transfer was made. We all shook hands and left.
I intend to take some paperwork to the FFL so that he may be better educated on the subject. I took this issue to the PAFOA boards and some good folks there pointed me to the laws regarding the issue. What I'm looking for now is supporting information I can point to for leverage so it's not just me standing there pointing at the laws and trying to explain them to him. I'm not really sure what exactly I'm looking for; court cases, legal or pro-rkba documentation, lawyers opinions, etc. or perhaps suggestions as to how to explain the laws to him in a such a way that he cannot claim I am misinterpreting the laws.
The reasons I intend to discuss this issue with the FFL are multiple; for one, he's a relatively popular FFL in the immediate area. If he is spreading misinformation around he is doing nothing to help legal gunowners in my area.
Secondly, the FFL was recently elected to a government position that he will be assuming shortly. I've been a member of the Tea Party movement since it's inception, and as such I feel that it is the electorate's responsibility to hold it's officials accountable. Obviously no one has tried to set the record straight with this FFL, so why shouldn't I? I feel that he should understand that if he resorts to insulting his constituents intelligence and acting as if he is above being corrected by them, he will not remain in an elected position for long (disclaimer; obviously this isn't the case in larger-scale elections but, in this area, local politicians who treat their electorate like scum aren't tolerated for long).
I've already contacted my attorney general's office for an opinion, as well as the NRA. I'm going to contact my state rep for copies of the laws pertaining to the topic as recommended by the good folks at PAFOA.
Any suggestions, criticisms, materials, and discussion are welcome within the scope of High Road rules.
Thanks!