Does one obey Federal or State laws when selling a handgun?

[lanternlad1]

I'm confused. According to the NRA-ILA, the minimum Federal age for purchase of a handgun, even in private sale, is 21. But here in Texas, its 18. There are discrepancies in other state laws vs fed laws too. Which laws does one obey?

 

[geekWithA.45]

You must obey BOTH laws.

In this case, federal law specifies 21 as the age to purchase from an FFL.

Federal law does not regulate other possible forms of transfer within a state, such as person to person, which is controlled by state law.

Gunlaws are complicated, and sometimes, staying out of jail calls for a lawyer. It's nothing at all like laws that say "don't kill people or steal their stuff".

 

[Alphazulu6]

Yes always err on the side of the most conservative Federal laws that apply without trying to interpret anything. It is too easy to get into trouble these days with firearms Good Luck!

 

[fletcher]

Yep, got to follow all the laws present, regardless of who made them. If unsure, only sell to 21+.

 

[Feanaro]

According to the NRA-ILA, the minimum Federal age for purchase of a handgun, even in private sale, is 21.

This is incorrect. Their site gives that impression but a person under the age of 21, but at least 18, can purchase a handgun privately. At the federal level. If state law is more restrictive, you must follow that.

 

[Carl N. Brown]

You could always get an opinion from the state attorney generals
office on what the current interpretation of the state law is.
The BATFE website FAQ actually can be helpful on the ATF rules.

Last I heard (and these things can change overnight) a federal
firearms licensed dealer (FFL) can sell long guns to 18 or older
and handguns to 21 or older; Private transactions, long gun or
handgun, 18 or older. As stated before, if your state law is more
restrictive, you must follow the state age limits.

So far the age limits have been listed for the BUYER.
Anyone care to list statutes on the age limits on sellers?

 

[VARifleman]

Carl, federal level does not make provisions for age in private sales of long guns, only handguns, which is 18. Long gun age in an intrastate deal between two non-FFLs is solely on state law. Here in VA, for instance, I believe it's 12. However, ammo purchases from stores fall on federal 18/21 age restrictions everywhere, unless the state mandates higher than that.

 

[GlowinPontiac]

in my state its pretty easy. you cannot purchase a handgun from an FFL without a valid state carry permit so basically nobody will do a private FTF hangun sale to someone without a permit and a lot of folks refuse to sell long guns privately to non permit holders.

 

[lanternlad1]

CT sucks as far as guns go. I was born there, and lived there for 24 years. Obtaining a gun was like pulling teeth. It was almost like gun stores didn't want my money - the store owners were so scared of breaking the myriad of local, state and fed gun laws. I'm surprised any of them stayed in business.

 

[Mannlicher]

No one with a lick of sense will say yea or nea to a question like this in a forum that we all know the feds read daily.

Come on now...........

The correct answer is to obey all laws that govern the transaction in the area you live, or where the sale takes place .

 

[Sistema1927]

in my state its pretty easy. you cannot purchase a handgun from an FFL without a valid state carry permit so basically nobody will do a private FTF hangun sale to someone without a permit and a lot of folks refuse to sell long guns privately to non permit holders.

Wow! There must be absolutely no handgun crime in Connecticut! (In other words, these infringements do nothing to stop crime.)

 

[Black Adder LXX]

Does one obey Federal or State laws when selling a handgun?

YES