Handgun Purchase

[Dokkalfar]

Ok, so I did a quick search on this, and not much came up. As I understand it, to purchase a longgun here in Texas from a dealer you have to be 18, but 21 to buy a handgun. However, from what I can read of Texas Penal Code, a private sale only mandates an age of 18.

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:

(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

So would it be legal for a 21+ person to sell a handgun to someone over 18, but less than 21? Both are residents of Texas, and the seller has a CHL, so he wants to be fully sure that the transaction is legal.

However, we have talked to a couple gun ranges and police stations, and gotten a somewhat mixed response to the question. From a direct reading of the law, though, I dont see any issues with it.

 

[deadin]

The requirement for a purchaser of a handgun from a dealer to be 21 YO is a Federal law that only applies to sales by dealers. If your State allows possession of a handgun by an 18 YO (not all States do), private sales are OK.

 

[wyocarp]

So would it be legal for a 21+ person to sell a handgun to someone over 18, but less than 21? Both are residents of Texas, and the seller has a CHL, so he wants to be fully sure that the transaction is legal.

It would be legal and it doesn't matter that the seller has a CHL.

 

[Dokkalfar]

Well Texas allows possession by 18, so no issues with that. As far s we can tell its legal, I was just wondering if there was something that we missed, mainly in federal law. He checked on the ATF website, and they seem to show its legal, but not very definitively.

As to the CHL, I know it doesnt affect anything legally, he just want to be extras careful since he has one.

 

[GigaBuist]

Well Texas allows possession by 18, so no issues with that. As far s we can tell its legal, I was just wondering if there was something that we missed, mainly in federal law.

Nope. Nothing in federal law prevents ownership under 21. Here in Michigan we have to register our pistols with the police and I've personally transferred a pistol to somebody that was under 21 who then took it to the police to register it. No problems.

 

[NavyLCDR]

If your State allows possession of a handgun by an 18 YO (not all States do), private sales are OK.

That is not always true. Ohio is one exception. Possession by an 18 to 20 year old is legal in Ohio, but to transfer a handgun in any way to an 18 to 20 year old is illegal.

If an 18 to 20 year old moved to Ohio with a handgun, they could possess it legally.

In Texas the private sale is perfectly legal.