First time buying a gun... have a question

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Ryan in the House

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First off, let me start this by saying that I am 18 years old, and I am staying with my mom in Maryland. I am a legal resident of the state of Virginia, though, and my only legally recognized address is with my dad who lives there. I voted in Virginia, and obtained my driver's license AND permit there.

I went onto Smith and Wesson's website, and checked out their link to the NRA's gun laws page (LINK). According to the Virginia state laws, "It is a crime for any person to sell, give or otherwise furnish a handgun to a minor if he has reason to believe that the buyer or recipient is under 18 years of age..." So that means that, as long as I have proof of my age (18), I can purchase a gun from a distributor? That is a pretty clearly written article, and I can't interpret it in any other way.

Here's the thing... I will need to transfer my residency to the state of Maryland soon, because I am going to be attending school here and getting a job here (so far, I have not done either - I just graduated high school in June of 2004). I plan to buy the handgun in Virginia, being a legal resident of the state, before changing my residency. The Maryland gun laws state that, as a person that is under 21, I can not purchase a handgun - but they say nothing about possessing one that has previously been legally purchased. Their only article about possession is this:

Possession of a handgun is prohibited by any person who:

1. Has been convicted of a crime of violence.
2. Has been convicted of a violation of the Maryland Pistol Law.
3. Is a fugitive from justice.
4. Is a habitual drunkard.
5. Is an addict or habitual user of narcotics, barbiturates or amphetamines.
6. Suffers from a mental disorder and has a history of violent behavior, or has been confined for more than 30 consecutive days to a mental facility unless the person possesses a physician`s certificate stating that the person is capable of possessing a pistol or revolver without undue danger to the person or others. Such a person is also prohibited from possessing a rifle or shotgun, unless the person possesses an above described physician`s certificate.
7. Is under 30 with a juvenile delinquency adjudication for an offense that would have disqualified an adult is ineligible to possess a handgun or regulated firearm.
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There is no point in that article that deals with minors, so I assume that a person under 21 can own a handgun as long as they have legally acquired it. Am I reading into this right? If I purchase a handgun in Virginia before I change residency, as an 18 year old, will I be able to keep it in Maryland?

I need to buy the gun very soon... like, within the month of January, before I change residency.
 
Ryan,
I'd urge you to talk to a lawyer for legal advice.

Although you might be able to legally purchase the firearm in Virginia and then legally move to Maryland, there might be other parts of Maryland law that you are missing. For example, sure you might be able to own the handgun but you won't be legally allowed to take the pistol the range etc since you are under 21.

Why don't you stick to rifles and shotguns for a couple of years and then move to a handgun?

Good luck.

-Jim
 
This is probably not the most responsible advice you'll receive, but here it is anyway:

Buy your handgun in Virginia and bring it with you to Maryland. That's probably illegal in Maryland, so don't tell anyone you've done it. It's my opinion that the state has no business telling you what personal property you can own, so long as you own and use it responsibly.

Be safe, and don't get caught.
 
Hey Eskimo... the reason I want to get the gun in VA before I change residency is so I don't have to wait until I am 21 to buy a pistol. I just don't want to wait that long.

Headless, that's probably what I'll do. I'm really interested in owning a handgun and taking it to a firing range. I think that if I take an (over 21) adult with me to the range, I will be allowed to shoot.
 
Few points I'll throw out:

1) You probably already know, but you can't buy a handgun from an FFL until you are 21. That means mom buys form FFL, and sells to you.

2) Make sure Maryland doesn't have some sort of registration of handguns. Michigan does, and if you don't have the registration card for the pistol, you are in trouble.

3) If all else fails, buy it and shoot it over breaks. I can't take my entire gun cabinets to college with me, so most of the guns get shot over break, and the other few come with me.

EDIT: OOPS, read it wrong. Just have your mom buy it, and shoot it when she'll go to the range with you. Could be fun family time.

EDIT AGAIN: Have fun trying to buy pistol ammo
 
First gun? Buy a .22 rifle, a few bricks of ammo, and a couple packages of paper plates. 18 years old should be sufficient for that. Walk into a public range full of old-timers and yell "Can somebody show me how to use this thing?"

That's my advice as a shooter, now for my legal advice.

Don't mess with the laws. Consult packing.org or findlaw.com for the applicable laws for your state(s). If they say not to do it, then don't do it. If they don't say anything, consult a lawyer just as a precaution. Screwing with the law, particularly when involving another party, is a real bad idea.

You don't need to transfer residency if you're a student. I claim residence in Texas, and I work, attend class, and vote in Oklahoma. If I were to live in Oklahoma as long as I have, I would need to change my driver's license, but there is a specific exemption in the law for students. My car is registered in Texas, my taxes are filed from my Texas address (even Oklahoma income tax. I file as a part-time resident), and all my financial arrangements are made with my Texas address. This is why lots of applications for things ask for a "permanent address." They want the address I claim as my home, not my dormitory.

Never change your address within a state unless you're actually moving, and never, ever change to a different state unless you're actually planning to live there. There are about a dozen different PITA hassles I would have to deal with if I moved, legally, to Oklahoma.

That said, don't go transporting your firearm into a state that would not react positively. I suspect that there is a law prohibiting you from keeping it on campus. If you find an appropriate place to keep it off campus (most ranges will have storage lockers you can rent), be sure you have all the paperwork that is appropriate for that state.
 
FEDERAL law states that you must be 21 to purchase and possess a handgun.
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Nope.

Federal law states you must be 21 years of age to purchase a handgun from an FFL.

Barring state law to the contrary, it is legal for people 18-21 to possess (and to own) handguns.

pax
 
FEDERAL law states that you must be 21 to purchase and possess a handgun.
Click to expand...

Sorry, Shootcraps, but this is postively absolutely wrong. One of the "benefits" of living in Michigan means that we have to beg for State permission to own a handgun. In MI you're well within the law to posess a handgun at 18. The State will give you permission to take hold of a handgun at 18 here. Seen it done... unfortunately I was NOT a gun owner until I was 21 so I never tested this myself.

Can't buy handgun ammo though until you're 21 -- sorta weird.

FYI: Indiana will give out CCWs to 18 year olds. Proof positive that there is no FEDERAL law against handun -ownership- before 18.

Ryan, take GeekWithA45's advice. Bit too late for that, now, but it is best to speak in abstracts -- simply asking IF something is possible rather than explain what you want to do. I guess since we're both geeks terminology jumps out at us.

I don't know diddly about MD laws regarding handguns, but from what I gather it isn't the most friendly state.

If you plan on becoming an MD resident, and I can't speak for the soundness of doing this or not doing this, then try and buy your guns, legally, in MD. Federally you can't buy a handgun from an FFL (Federal Firearms License) dealer until you're 21 in ANY state -- some states will let you do a private party trasnaction at 18 though. Do NOT have your mother in MD buy you a gun though. That's a "straw purchase" -- she can buy it and "give" it to you, however, providing that MD allows handgun posession at 18.

If you want to buy a handgun for home defense and range practice -- well -- that's poor choice, really. Handguns are a last ditch tool, regardless of what Hollywood says. You'd be better off taking the money you'd spend on a handgun and getting a .22LR rifle for practice (penny per shot) and a 12 gauge shotgun. Totally legal at 18, no problems at all. I've got a number of handguns and rifles, but the bugger that's always by my bedside is a 12 gauge Remington 870 shotgun.

I've got AK's, Glocks, CZ pistols, a .357 revolver, AR-15, and a bunch of other stuff that would make Dianne Feinstein cry -- but that 870 is my "go to" gun at home. Whatever that's worth.

Oh, and busting flying clays with a shotgun is much, much, more fun than punching holes in paper with a 9mm pistol.
 
Oh, and busting flying clays with a shotgun is much, much, more fun than punching holes in paper with a 9mm pistol.
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That's entirely a matter of personal preference. :D

pax

The fascination of shooting as a sport depends almost wholly on whether you are at the right or wrong end of the gun. -- P. G. Wodehouse
 
PAX.. clays CAN be fun, if used correctly.

Try 2 push-pins about 10" apart, 4-5 feet of thread, and a fish hook ( or bent paperclip) at each end. hang the clays, and the object is to hit the SECOND clay before it hits the ground!

Try it by yourself a few times first, then for fun, take turns with a friend shooting clay one, or the "falling" clay. (The most fun is when clay "one" (left OR right) is the choice of shooter one!)

You will know you have become addicted when another member of the range walks up and says " Necco waffers, service revolvers, at 35ft...." and you not only accept the challenge, but think you have a good chance to win! :D

Sorry, got a little off topic..

OSG
 
pax wrote:
That's entirely a matter of personal preference. :D
Click to expand...

*ahem*
*somebody* I know was being cocky, with a Contender with .410 loads on High 1.

"Bet you can't do that with your CCWs?" <sound of gauntlet> So off to the mountainside with a trap machine *somebody* and challengers go.

Trap was throwing targets akin to Low 7 , had a safe backstop. Yes *somebody* mangaged luck...err...demonstrated skill < lightning bolt> a hit with a 1911 and a Keltec P-11. Mag changes were just for ...err....practice. :D

I'm sure this is allowed in WA State, MD ...most anywhere with a safe backstop... :p

NO *somebody* was NOT using shotshell loads either in CCWs...
 
I have a similar question to the first, just being sure.
On the NRA's NC laws site it says:
It is unlawful for any person under 18 to possess or carry a handgun.
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So that means I can have/own one, but does it mean I can buy one? Or would it mean I'd have to get an adult to purchase and give to me?

And also, in the quick reference chart, it says "No*" to registration of firearms for Pistols.
Here is what the note says:
Sheriff to retain and make available to law enforcement agencies a list of permitees.
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What does that mean? I was under the impression that all handguns owned in NC were to be registered with the sheriff...is that what this is saying?
I'm pretty sure I've got something or all of this wrong...but that's why I'm here--to learn. So help me out, eh? Sorry if this seems like an attempt to hi-jack the thread.
 
Maryland requires registration of handguns and assault weapons sold within its borders, and will not allow a sale of either of those to someone under 21. BUT, you do not have to register weapons you bring in that you acquired while you were a resident of another state.

I built a 1911 when I was 19 (80% frame), nobody cared when I brought it to the range.

Maryland's CCW law, although rarely issued to peons such as us, does allow for 18yos to be given a license.

Kharn
 
mbs357, in NC, you have to obtain a purchase permit for any pistol purchase, wether it be from an FFL or private party. You cant get a purchase permit until you're 21 or older. So, you can posses a handgun, you just cant legaly aquire one, as it would be an illegal transfer. IANAL, but I think you have to have the purchase permit even if someone is giving it to you as a gift. Messed up, eh? I dont know how it works if a loved one dies and leaves you a pistol in his/her will.

CHP holders dont have to buy purchase permits anymore, but again, you cant get that until you're 21.

The permitties they're referring to may be those who have purchased pistol permits, or those with CHPs. Nothing in NC has to be registered with the sherriff except MGs, execpt in I think Durham County where handguns must be registered.
 
Ryan, you describe yourself as living in VA in this thread, and MD in this one.

http://www.thehighroad.org/showthread.php?t=118785

A word to the wise: Playing with fire in full view of the Agent Schmukatellis of the world is begging to get burned
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Uhhh... busted? Not hardly.

I never claimed to be living in VA in this thread. I said I am a legal resident of the state of Virginia. Does that mean I am living there? I am staying (living) with my mom in Maryland; I thought I made that clear at the top of this thread? I guess not.

Before September, I lived in Virginia... which is where I lived with my mom and dad for almost 9 years. I am living in Maryland now. I am a legal resident of the state of Virginia. How'd this happen? My parents are divorced - my mom lives here in MD, and my dad in VA. For the time being, I chose to keep my legal (not formal) residency in Virginia so I could finish getting my driver's license - otherwise I'd have to take the whole driver's course again.

I hope this explains it for anyone else who decides to call me out. Good luck.
 
What seems to be the easiest legal way to do stuff is for either parent to buy whatever handgun is desired, meeting the appropriate state laws, and then make of it a gift.

The only laws for which to have concern, thereafter, are those of Maryland regarding possession and use for anybody 18 or older.

Art
 
Thanks everyone... yeah, Art, my plan B was to get my mom to buy the gun and have her put the $200 (or however much the Bersa 380 costs new) on my tab to pay her back later. Not 100% sure if I'll go thru with that, though.
 
Jeffnvk, Isn't your first suggestion, Ryan's "plan B", a straw purchase?

Given MD's draconian firearms laws, I strongly suggest that you maintain dual residency. It probably isn't very difficult, and may allow you to buy guns in VA even after you change your domicile to MD. It will certainly be much more difficult to regain VA residency later if you give it up.
 
Ryan:
Plan B would be a straw purchase. Stick with your VA residency and your dad giving you one for your birthday. ;)

Kharn
 
Maybe I'm dense, but so far I haven't seen any reason not to:

1) maintain your legal Virginia residency until the last minute, even though you might physically be in Maryland (I'm guessing that you're changing it to Maryland as a condition of in-state tuition, or something? None of my business, though);

2) buy a handgun before then, legally, in Virginia (from a regular person other than a FFL), if Virginia state law permits you to do that at 18, and

3) keep it wherever you need to keep it in order to follow the laws of the states you're in.

But tyme's right: if you can maintain dual residency, that might give you some real, perfectly legal advantages (tyme doesn't need my approval; I just wanted to acknowledge a good idea).
 
tyme-

Yes. Shoulda said give it to him as a gift.

I would go to the police station, and tell them exactly what you want to do. I don't know if they will be helpful or not (mine always is), but they are going to be the ones that can tell you for sure if what you want to do is legeal.
 
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