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MO- Handgun transfer/possession age

Discussion in 'Legal' started by DavidPalmer, Apr 23, 2009.

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  1. DavidPalmer

    DavidPalmer Member

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    So I'm only 20 right now, but I've been wanting to add a handgun to my collection for some time. I was originally under the impression that I wasn't able to legally possess one until I was 21, until I did some research indicating that I could purchase one FTF from somebody else in MO as long as I'm 18.

    Anyways, I found a guy on GT selling one I wanted in my town, but when I showed him the my research, he originally wanted my parent's permission, and then backed out...but I understand he was just trying to be cautious.

    I just wanted to consult THR to see what you guys made of it all. I've been a long-time lurker, first-time poster.

    On to my findings:

    No Local/County Ordnances

    Missouri Law

    571.080 Transfer of concealable firearms.
    A person commits the crime of transfer of a
    concealable firearm if such person violates 18
    U.S.C. Section 922(b) or 18 U.S.C. Section
    922(x).

    US Code
    18 USC 922 (x)
    (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.
    (2) It shall be unlawful for any person who is a juvenile to knowingly possess—
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.

    ...(excluded stuff about if you're a juvenile, you can own and possess a handgun with parental consent...about it being okay if you're on a ranch, etc)...

    (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.



    What do you guys think?
     
  2. indoorsoccerfrea

    indoorsoccerfrea Member

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    can you get permission from your parents?

    the way I understand law to work is this: if it isn't expressly mentioned, it's legal. You are not a minor, so you can own a handgun. you can also buy a handgun according code 18 sec. 1. the only stickler is that the federal age to buy handgun is 21, so until you are 21 you cannot buy from an FFL.

    my interpretation is that you can buy FTF as long as you are over 18

    i am not a lawyer however...so take my comment with a grain or three of salt.
     
  3. NavyLCDR

    NavyLCDR member

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    You are correct, it is absolutely perfectly legal for you to purchase a handgun in a private sale at the age of 18 or over with no additional requirements.

    Where the heck does the idea of parental permission come in to it? You can join the military without parental permission, you can get married without parental permission, you can buy a car without parental permission, you can enter into any contract without parental permission.

    In some states, such as Ohio, it is illegal to sell or transfer a handgun to a person under 21 (even by their parents!), but not Indiana.
     
  4. indoorsoccerfrea

    indoorsoccerfrea Member

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    i mentioned parental permission because that is what the seller wanted. if it was a good deal and your parents are ok with it, while not necessary, it would allow you to get the gun you wanted.
     
  5. DavidPalmer

    DavidPalmer Member

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    Yeah, that's what I thought...the only part about the parental consent is the bit in the middle I left out about having to possess written parental consent in the possession of/while transporting a handgun as a juvenile (<18)

    But yeah...I guess FFL's are the only ones really required to sell to a 21-year old.

    18 USC 922

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

    (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;



    Edit: Oh, and I mean...I could get parental consent, but my Dad and I are a bit distant, and my Mom's afraid of guns, which is why I waited until I had been out of their house before I began my buying frenzy.
     
  6. indoorsoccerfrea

    indoorsoccerfrea Member

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    woops thought that bit was directed at me.

    well now, you'll just have to find a non-FFL then. oh, and remember when buying the ammo...it's for your carbine!
     
  7. NavyLCDR

    NavyLCDR member

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    Sorry, indoorsoccerfreak, my comment wasn't directed at you, it was directed at the, ummm...., less informed seller that the OP mentioned.
     
  8. indoorsoccerfrea

    indoorsoccerfrea Member

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    its ok, and i am NOT a freak! oh the nerve of some people...:neener:
     
  9. DavidPalmer

    DavidPalmer Member

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    Huh...never thought about buying 9mm for my carbine...that would greatly simplify things.
     
  10. NavyLCDR

    NavyLCDR member

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    However, it is against Federal law to make a false oral statement to a dealer regarding the purchase or attempted purchase of a firearm or ammunition.
     
  11. barneyfife.357

    barneyfife.357 Member

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    Sounds to me like you need a 9mm carbine too then...
     
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