Gifting a handgun to a minor?
- Thread starter apgamer
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wyocarp
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It is different than a car. A gun does not have to be registered to anyone, YET.
His age makes no difference as long as he is legal and he is legal. The 21 age requirement is only for new gun purchases. So, currently they can "pound sand."
At this point, since he is of legal age to have a firearm, it is no different than a knife.
, but I still have those two revolvers.prohibiting me from buying handgun ammo is insane! I have a friend who stockpiles and will let me buy it off of him so I'm all set.
What about 9mm ar15's? What about bushmaster pistols that are .556? what about 22lr that is both handgun and pistol? What a crappy law!
What about 9mm ar15's? What about bushmaster pistols that are .556? what about 22lr that is both handgun and pistol? What a crappy law!
Aguila Blanca
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Unless it's a caliber that's also used in long guns. He can then purchase, or borrow, a long gun of the same caliber and truthfully say the ammunition is for use in a rifle. The law does not prohibit the sale based on the caliber, it prohibits the sale based on the type of firearm in which the ammunition will be used. The BATFE FAQ specifically addresses this, in questions F6 and F7.
freakshow10mm
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It's the type of firearm. I'd say good time to start handloading, but then even bullet sales are restricted by the age limits. You can cast your own bullets, but that is a lot of headaches to get around it. Straw purchase does apply to bullet and ammunition sales too, not just firearms.
Federal law is 21yo from a licensed dealer. State law can dictate otherwise from private parties. In most states you can buy a handgun from an individual (non-FFL) at 18yo, but if you buy from an FFL, you must be 21.
Aguila Blanca
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He's asking about ammunition, not handguns.freakshow10mm said:
Here's the info, directly from the BATFE FAQ at http://www.atf.gov/firearms/faq/faqindex.htm
So, for ammunition the determining factor is not what caliber it is, but what type of firearm it will be used in. I agree, Wal-Mart may choose to play it safe and simply not sell anything that COULD be used in a handgun to buyers under 21. However, that's not a Wal-Mart corporate policy. I have seen clerks at local Wal-Marts sell pistol ammo to people under 21 when the buyer explained they were going to shoot it in a rifle. I suppose there may be some gun stores that would take the "safe" route, but it's hard to imagine. There is no 4473 for ammo sales. As long as they ask the question and get a satisfactory answer, they can't be nailed for violating the law. The law doesn't require them to physically inspect the buyer's pistol-caliber carbine before selling the ammo to an 18-year old.
freakshow10mm
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The GCA applies to both firearms AND ammunition. The limits are the same for a dealer of both firearms and ammunition. I'm a licensed ammunition manufacturer and licensed firearm manufacturer/dealer. I'm well aware of the laws pertaining to this issue.
To purchase a long gun or long gun ammunition from a dealer: 18yo.
To purchase a handgun or handgun ammunition from a dealer: 21yo.
State rules may vary, those are the federal rules.
A private individual that is not a firearm or ammunition dealer can sell handgun ammunition to a person at least 18yrs old but less than 21yrs old IF their state allows it. I'm an FFL; I cannot sell pistol ammunition to a person 18yo, even from my private stash, because I'm an ammunition manufacturer. My wife, being a non-dealer, may sell to a person 18yo.
Desertscout
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No, it's not different than a car and registration has not entered into the discussion. The gun, the car, some quality knives, refrigerators, welders and a million other things have serial numbers. If you buy or sell ANYTHING with a serial number, it is advisable to get a bill-of-sale to protect both of you. If you purchased a gun from a dealer and then sell that gun to someone without a receipt and they go out and kill someone with it, it's gonna come back on you. It actually will come back to you either way but without that receipt, you have little or no recourse unless you have credible witnesses. If you buy a gun from someone and it is connected in some way to a crime or it is stolen, it will make things very difficult for you without a paper trail of some kind. No, you don't HAVE to, but it is strongly advised. No, that has nothing to do with registration.
At his age, yes, age has something to do with it. If a cop stops him for speeding and happens to discover the gun and sees that he is under 21, it will most assuredly casue him some hardships. Maybe not in Cody, WY, not in Farmington, NM and probably not in a few other places but by and large, it will be an issue. If he simply gets a written receipt, that will likely alleviate any problems.
Yes sir, I know many of those myself and most of us have matured with nothing happening but the fact remains that if your Dad had died when you were 16 years old and you happened to get caught by certain select individuals with a handgun (or any other gun for that matter), you could have gone through a considerable amount of inconvenience without some proof as to where you got the guns.
Desertscout
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This is true and to go even further, as an FFL, we cannot legally sell RIFLE ammo to someone under 21 IF we have reason to believe that that ammo is going to be used in a handgun.
freakshow10mm
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Yes, that is correct too; such as the case with the AR15 type pistols using .223 ammunition.
I have a question. What if you are 19 years old and you live in a state that does not issue permits for those under 21, but you apply for a non-resident permit in another state (which does allow carry for those 18+), and it has a reciprocal agreement with your home state? Would that be a legitimate way to carry at 19 in a state that does not issue permits for those under 21?
markk
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Probably not, most, if not all, states' reciprocity agreements require the license holder to obey the laws of the state they are physically in, as opposed to the laws of the state that the license was issued in.
Note that I said probably not...read this thread for an interesting exception...http://www.thehighroad.org/showthread.php?t=361209
Mark, thanks for that link. It appears to be a valid way. Get your Maine non-resident permit (under 21 eligible), then use that permit to apply for your New Hampshire non-resident permit? But does New Hampshire's requirements for their non-resident permit include a clause that states the applicant must be 21 or older, in addition to having another permit from another state?
wyocarp
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We aren't talking about a gun purchased from a dealer or the selling of a gun to some unknown person. It is a young man that is getting a gun from his father.
When my son gets my gun collection, he won't have a bill of sale for any of them. If anything, it's better because he will have hundreds of guns that the government doesn't know he has.
Big45
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