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Military Exception for Handgun by 18 year old

Discussion in 'Legal' started by SLCscottie, Jun 18, 2009.

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  1. SLCscottie

    SLCscottie Member

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    Is there an exception in the military for an 18 year old on base purchasing and having a personal hand gun? This question is posed by a 17 year old in high school.
     
  2. bigfatdave

    bigfatdave Member

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    Why should there be?

    Being issued a firearm doesn't give you a free pass to bypass the law off-duty.
    This response is provided by a 6 year veteran and law-abiding private citizen.

    Now, I can't speak for your state's laws, because you didn't provide a state. In many states the posession of a handgun is not limited to 21+, but the purchase is, so if you were gifted or inherited a handgun, you would be good to go.
     
  3. 30mag

    30mag Member

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    I'm actually pretty sure it is written into the law.

    I think the idea is that if a person has chosen the responsibility to protect our country, they can buy a handgun.
     
  4. 30mag

    30mag Member

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    I cannot find it.
    I don't think it is legal.

    There may be a section somewhere talking about the possession of handguns.
     
  5. danweasel

    danweasel Member

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    Yes, that was off topic. Anyways, I would think the military being what is (In Alaska the only folks who CAN"T CC are military) it's not likely allowed.
     
  6. Quiet

    Quiet Member

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    There is no military exemption to the Federal law restricting the transfer of handguns and other firearms by FFL dealers to persons less than 21 years of age.

    However, the legal age to own a handgun is 18+.
    Persons that are between 18-20 years of age can be gifted handguns and/or can purchase them through private party transaction (if the state they reside it allows such transfers).
     
  7. gvnwst

    gvnwst Member

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    Anyone know of a list that covers these states?
     
  8. John Parker

    John Parker Member

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    'Gifted' is not a verb. Should be 'given.' I even looked it up on dictionary.com! :D You can use 'gift' as a verb, just not the past tense. Oh I hate myself sometimes. :rolleyes:
     
  9. NavyLCDR

    NavyLCDR member

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    An additional concern for a young, single military person owning a handgun is the fact that in 90+% of the bases, you will not be allowed to keep that handgun in government provided barracks.

    But as stated earlier, Federal law only prohibits <21 from obtaining handguns from FFLs. Possession and private party sales/gifts are covered under state laws of the state that you will be ordered to.
     
  10. TexasRifleman

    TexasRifleman Moderator Emeritus

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    There is no such law, not Federal anyway. The argument has been made certainly, as it's been made about drinking, but no change in the law ever came from it.
     
  11. Hammer21B

    Hammer21B Member

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    Army posts allow for storage in the military vault provided the commander OKs it
     
  12. rtroha

    rtroha Member

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    They passed a law legalizing possession for 18-20 year old military in Ohio last year but they forgot to also modify the law legalizing selling to those 18-20 year old military.
     
  13. deadin

    deadin Member

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    Does Ohio have a law on the books that makes private party sales of handguns to 18-20 year olds illegal? (That they didn't change.) The Federal Law that does this only affects sales by FFL's and Ohio can't do anything about that.
     
  14. NavyLCDR

    NavyLCDR member

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    It is against Ohio Revised Statute 2923.21 to furnish a <21 person with a handgun, except under supervised conditions. This means selling, gifting or otherwise transferring, and there is NO exception for parents and/or military. The only exception if for law enforcement officers who are <21.

    It is also against the same statute to furnish a handgun to a 21 or over person with the knowledge that that person will subsequently furnish that handgun to a <21 person.

    It is against Ohio Revised Statute 2923.211 for a <21 person to attempt to purchase or purchase a handgun. This is really weird, though. .211 only forbids "purchase", not otherwise attain. Also .211 contains an exception for military and Ohio National Guard, either active or discharged, who has received training in the use of handguns. HOWEVER, who the heck are they supposed to obtain a handgun from that would not violate .21?

    There is no prohibition in Ohio Revised Statute that prohibits the POSSESSION of a handgun by a <21 person, and I don't know that there ever was.

    http://codes.ohio.gov/orc/2923
     
  15. mgkdrgn

    mgkdrgn Member

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    Nope.
     
  16. SLCscottie

    SLCscottie Member

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    I didn't think he would be able to take one on base. I told him I would check on this site for him.

    Thanks for the input.
     
  17. Ravenlunatic

    Ravenlunatic Member

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    In the military, you can buy and drink beer on post when under 21. I remember in BCT, a lot of young guys drinking way too much beer. a few of us "older" guys, (21 or there abouts) would go into the over 21 club to get away from the noise.

    Michael
     
  18. Yo Mama

    Yo Mama Member

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    Quiet had the answer.
     
  19. TheWarhammer

    TheWarhammer Member

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    You didn't read far enough down the page.

    From Dictionary.com:
    gift
    –verb (used with object)
    5. to present with as a gift; bestow gifts upon; endow with.
    6. to present (someone) with a gift: just the thing to gift the newlyweds.

    Gotcha! :evil:
     
    Last edited: Jun 19, 2009
  20. chuckusaret

    chuckusaret member

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    I spent 24 years in the military and no enlisted person that live in bachelor quarters was allowed to have any type of weapon, gun, hunting knives, num chucks or whatever. As a senior non com I lived on post in family housing and was required to register all weapons that I owned including compound bows with the Provost Marshall. In some units, if you lived on post, as a senior non com you were required to get the commanders permission to purchase a firearm.

    non com= Non Commissioned Officer (NCO)
     
  21. Tim the student

    Tim the student Member

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    I think thats only true OCONUS. It is definitely not true on Ft. Bragg, but it was true in Italy and Germany. In my experience at least.
     
  22. NavyLCDR

    NavyLCDR member

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    That is not true anymore, anywhere. Even on aircraft carriers during a beer day at sea in international waters.
     
  23. SHvar

    SHvar Member

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    No, in order to buy, own, carry, handguns in most states you must be 21, it doesnt matter if you are in the military and can be issued one for carry on duty, or use on a range. The issue weapon is purely for duty in uniform.
    In fact most military bases have far stricter laws and rules about what you can have, carry, when, and where, even when off post if you are stationed there.
    Its much simpler to wait until you can do so legally, not risk being caught and end up possibly not being able to legally own one in a few years when you are 21 (depending on location it can be a felony).
    It was easier for me years ago to buy a rifle on the way home and leave it at home.
     
  24. deadin

    deadin Member

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    Beer Day at sea??? When did this happen?????
     
  25. bigfatdave

    bigfatdave Member

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    When you have been at sea so long that you don't remember what land looks like.
     
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