PA Attorney General letter: Yes, 18yo can own handguns

[clubsoda22]

Yes, In PA an 18yo can own a handgun, I was sure of this, but kept getting flak from cops and FFL's saying that i was wrong, so i asked the main athority on it, the attorney general. I sent an e-mail, basically asking if my dad could give me, an 18 year old with no disqualifications, a handgun, if i could keep it in my own residence, where i alone live, and if i could transport it to and form a shooting range for the purpose of target practice.

Re: Pennsylvania Uniform Firearms Act

Dear Mr. XXXXX,

This letter is in response to your e-mail to this office, as to the Pennsylvania Uniform Firearms Act. You are correct in your understanding that a person 18 years of age may possess a handgun in his residence and may transport it to and from a firing range, as stated in the Pennsylvania Uniform Firearms Act. As to your proposed transfer of the firearm to your son, ordinarily transfers of firearms are required to occur at a place of business of a licensed firearms dealer; however, there is an exception to this requirement for a transfer between a parent and child.

I hope that this letter answers your questions. If you have any further questions, please feel free to contact me. On behalf of the Attorney General of Pennsylvania, thank you for your correspondence.

Sincerely,
[signature]
GEORGE R. ZAISER
Senior Deputy Attorney General
Criminal Prosecutions Section

Clear as day, I was right, those who told me i wasn't were wrong. So, if you are 18, live in the state of PA, and want to own a handgun, here's how to do it:

Have your parents buy it and give it to you.

Now, it's all yours. Every gun your dad owns, you own, because, under PA law, all he has to do is hand it to you and it's yours. The only exception is if you are otherwise prohibited from owning a gun due to a criminal past or other disqualifiers.

No federal laws prevent this, as buying a gun as a gift is not a straw purchace (says it right on the back of the yellow BATF form). Nor is selling the gun after you buy it, as long as the individual you sell it to is allowed to own it. In PA, you could buy a handgun, wait 3 seconds, turn to the guy next to you, have a background check run and sell it to him. If it's your son or daughter you don't even need the background check.

Federal law clearly states an 18yo can own a handgun.

18 U.S.C. 922(x)
· (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.
(3) For purposes of this subsection, the term ''juvenile'' means a person who is less than 18 years of age.

Think about it this way, if federal law said 18yo's couldn't, how do states like Montana and New Hampshire allow 18yo's to carry concealed handguns?

 

[citizen]

(Swells MY pride of that generation........)

 

[clubsoda22]

My generation? Most of my generation stands up for nothing. They would have said "who cares" given up. Everytime i went to stand up for some injustice back in high school, like those stupid zero-tolerance rules, all the kids would tell me i was right, that they supported me and would be right behind me. The second we were told that we'd get a detention or suspension for it, they all left and i was the only one standing. I took it with pride in my actions and refused to report to room 111 after school. My parents were right behind me and laughed in the principals face when called in for a "conference." From my experiance, the bulk of my generation are lazy and cowardly when it comes to standing up for themselves, thank my existance to good parenting.

Personally, i just like being right and hate it when people tell me otherwise because i do my research and make it my business to know my stuff. I'm not a humble winner either. If your were wrong, you're gonna know it.

 

[citizen]

Back off, young man.
You've got a long way to go (see other thread), and the road isn't always kind.
What goes around comes around, and Discretion IS the Better Part of Valor.

 

[clubsoda22]

i don't see what your issue is with the other thread.

As far as discression goes, every time i've had a range owner tell me they'd call the police and have me arrested for "juvenile possession" if i didn't leave i've left with no more than a complaint of blatant age discrimination.

Frankly, if i show them the letter and they still don't want me using their facilities to shoot, that's money they are loosing, so to hell with them.

Anyway, this is not the place to talk to me about my post in the other thread, that would best be left to...the other thread

 

[Steve in PA]

No where in the PA Crimes Code does it say you have to be older than 18yoa to own a handgun.

There are two references to age in the PACC and they have to do with licenses;

Sportsman permit: Any person 18yoa or older and licensed to hunt, fish, trap, etc..shall secure a SP from the county treasurer.

License to carry (CCW): Must be 21 to apply for the license.

So in your case, being 18yoa, you can own the handgun, have it in your home (loaded or unloaded), carry it in your vehicle to the range (unloaded).

 

[Kharn]

Keep the original in a safe place, and keep a few copies in your range bag. Something like that is not something you want a cop or RO keeping for himself.

Kharn

 

[clubsoda22]

I have 20 copies of it.

Steve, you are exactly correct, it only specifies for someone under 18.

18 PaCS § 6110.1. Possession of firearm by minor.
(a) Firearm.--Except as provided in subsection (b), a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth.

By reading your posts on this websight i can tell you take your job seriously and make it your business to know the law. Many police officers do not and base their interpretation of the law on hearsay. I had a range owner tell me that the state police told him that a person under 21 could not shoot a handgun unless accompanied by a person over 21. I'm not sure if it was the state police giving him bad information or simply him misquoting them as you can not have someone under 18 shooting a handgun without someone over 21 that has the permission of the minors parents. Anyway, i have been kicked out of many shooting ranges due to this misinformation. I have even had a veterin officer of the juvenile division tell me that an 18yo could not own a handgun. I'd think he would endeavor to know laws pertaining to juveniles. It was really his comments that prompted me to get the letter.

Anyway, due to the amount of misinformation floating around, i thought the letter was the right thing to do. Someone can argue my interpretation of the law, but not if i have a letter from the AG saying my interpretation is correct.

 

[Steve in PA]

Well, a person needs to know alot of different things in my line of work. I'm a LEO, but also an avid shooter and CCW'er before becoming one. Guns are my favorite play things

A LEO should know the laws inside and out. I'm not saying I do, but I do a pretty good job. Being a LEO is a tough job, just keeping track of all the laws and changes there of.....criminal laws, traffic laws, domestic violence laws, civil laws.....yadda, yadda.

I don't plan on going out and looking like a horse's a$$ during my shift. If I do something, say take your gun or arrest you for evading a DUI check point, then learn that it was wrong.......I look like an idiot and so does my dept.

Being in a supervisory position that I am now, just makes it even more imperative that I know the poop.....since someone will be coming to me for the right answer.

The problem you have is that alot of people equate an 18yoa legally "owning" a handgun with legally "buying" a handgun. They need to seperate the two.

 

[Kcustom45]

Way to go clubsoda22! I have been carrying my handgun since I was 18. I, fortunately, have not had to deal with any ignorant range officers or police officers. Don't let stupid people get you down.

 

[clubsoda22]

The problem you have is that alot of people equate an 18yoa legally "owning" a handgun with legally "buying" a handgun. They need to seperate the two.

That's what i figured. I figure a lot of cops know you can't carry unless you're 21 and a lot of FFL's know they can't sell to you unless your 21 so they thing you can't own. Now if i was in a state like illonois or maryland where you can't own handguns unless you are 21...well lets just say security wouldn't be lacking as i don't know of many critters 12ga buckshot can't dispatch. However, i like to fully exercise my freedoms.

I don't plan on going out and looking like a horse's a$$ during my shift. If I do something, say take your gun or arrest you for evading a DUI check point, then learn that it was wrong.......I look like an idiot and so does my dept.

there that thread mixing again. You're ok in my book steve.