The (hopefully) authoritative thread on under 21 handgun ownership

[Phantom Warrior]

Okay. Everytime some poor soul comes along and asks "I'm 20 and want to buy a handgun, what do I do?" someone barges in and goes "NO, NO, NO. YOU CAN'T BUY A HANDGUN BECAUSE YOU ARE UNDER 21 AND IF YOU BUY IT FROM SOMEONE ELSE IT'S A STRAW PURCHASE."

Now, I know that's not true. I know you can posess a handgun at 18 and buy one from a private party and receive one as a gift, you just can't buy from an FFL until 21. I did that myself. Can someone fill me in on where exactly the line is between buying a handgun from a private party (perhaps recently acquired) while in the 18-20 age group and an out-and-out straw purchase?

Hint: Answers similar to the one in all caps above will be disregarded and not appreciated.

 

[dolanp]

It's a straw purchase if you say you're buying it for yourself but you're really not.

 

[Phantom Warrior]

*trying SO hard to keep this on topic*

It's a straw purchase if you say you're buying it for yourself but you're really not.

Yes, very much so. But what if I decide to sell the gun to someone else? Where is the line between selling a gun I just bought to someone and buying it for someone else?

 

[2k5Adam]

I dont think there is a verifiable "line" that you can prove. If I buy a pistol, and decide I dont like it, I can sell it to anyone over 18 who possesses a CWP. Correct? Thats how I got my first concealed carry pistol. My dad bought a Springfield Armory 1911A1 Champion 45. A week later he decided he didnt like the "compact" style, so he sold it to me. It's 100% legal.

 

[SomeKid]

Adam,

TN issues HCP to 21 and up. TN has no law requiring you to only sell to someone with a HCP. If I was still 20, and you had a pistol I wanted, I could legally purchase it from you. I would however be in a world of s--t if I started carrying a lot of places, and was caught. (I am now 21, and have a HCP, so no worries anymore.)

 

[jefnvk]

Here we go again.

You must be 21 to purchanse a handgun from an FFL. End of story there.

18-21 can purchase from a private party (at least in the eyes of the feds, your state may say otherwise). The only way this is illegal, is if the private party purchases the weapon from an FFL with the intent of selling it to the minor, or they purchase it with the minors money, and give it to them. If the private party purchases the weapon as a gift, this is OK, as technically they are the actual purchaser of the firearm, as long as they are not compensated for the purchase.

If you buy a handgun, and decide you don't like it, there is nothing keeping you from selling it to someone 18-20. If you buy it, never shoot it, and decide to sell it, you can sell it to someone under 21.

If you buy your 19-year son old a revolver for Christmas, that is OK. When buying as a gift, you are the actual purchaser of the firearm, as noted on the (now white) 4473's.

If someone under 21 approaches you to buy them a handgun, and you do and then sell it to them, that is a straw purchase.

 

[carebear]

If you buy a handgun, and decide you don't like it, there is nothing keeping you from selling it to someone 18-20. If you buy it, never shoot it, and decide to sell it, you can sell it to someone under 21.

If someone under 21 approaches you to buy them a handgun, and you do and then sell it to them, that is a straw purchase.

Just noticed, only ONE of these statements is true for beer.

 

[WT]

......... depending on the state.

 

[2k5Adam]

Adam,

TN issues HCP to 21 and up. TN has no law requiring you to only sell to someone with a HCP. If I was still 20, and you had a pistol I wanted, I could legally purchase it from you. I would however be in a world of s--t if I started carrying a lot of places, and was caught. (I am now 21, and have a HCP, so no worries anymore.)

Yeah, I understand that. You can sell to anyone over 18, BUT if they dont have a CWP, how in the hell are they going to get it home or to/from a range? Technically they are carrying a handgun, aren't they? It may or may not be "concealed" but they are still carrying it. *Technically speaking anyways*

 

[bamawrx]

My 9 yr old has several handguns does that count? Actually I got my first couple handguns from my dad and grandpa. In some cases it was a gift. In other cases they purchased the gun with my funds with the understanding that they were legally responsible for the item until I was of legal age. IF I had a CCW under 21 I'd just make contact with a family/friend to make the CCW handgun purchase.

 

[PILMAN]

My question is, you can buy it from a private party right? Theres people selling there guns on gunsamerica but it says they can't ship it direct to the person, they have to ship it to a retailer or would you have to be 21 for that as well since your just technically picking it up and not buying it directly from the retailer?

 

[Gray Peterson]

A few things:

1. You can only buy a handgun from a private party IN YOUR STATE OF RESIDENCE. This is federal law.

2. If you want to buy from a private party in another state, you MUST go through the FFL process in your state to get said handgun.

3. You buying a handgun with the 18-21 year old's money is definitely a straw purchase. You buying a handgun for yourself, and then selling it to an 18-21 is legal (assuming all other federal qualifications are met).

4. The only question is, if someone buys a handgun, and then immediately resells it. This is about the only point in contention in regards to straw purchases that is an unknown at the moment.

5. Of course, this all assumes that there are no other restrictions as far as state law is concerned. For example, NY and MA requires you to be 21 to even possess a handgun. I'm sure there are other states.

 

[jefnvk]

My question is, you can buy it from a private party right? Theres people selling there guns on gunsamerica but it says they can't ship it direct to the person, they have to ship it to a retailer or would you have to be 21 for that as well since your just technically picking it up and not buying it directly from the retailer?

You would need to be 21. It is illegal for the FFL to transfer the handgun to anyone under 21. If you bought it from someone in your own state, using GunsAmerica or GunBroker, and did a FTF transfer, that would be legal (again, assuming no state laws preventing the transfer).

I would imagine if you were under 21, and put a handgun on consignment, there would be no way for you to take it off, either, as the 4473 (dang feds making it white :banghead: so I can't call it the yellow form) must be filled out, and will not go through with an 18-20 year old.

 

[carebear]

Yeah, I understand that. You can sell to anyone over 18, BUT if they dont have a CWP, how in the hell are they going to get it home or to/from a range? Technically they are carrying a handgun, aren't they? It may or may not be "concealed" but they are still carrying it. *Technically speaking anyways*

Most states have different rules for "transporting" versus carrying (which has a separate legal definition). Most revolve around readiness for use, accessibility and container.

In general, if you are legal to possess you can transport. Such as unloaded in the trunk of your car.

 

[Phantom Warrior]

4. The only question is, if someone buys a handgun, and then immediately resells it. This is about the only point in contention in regards to straw purchases that is an unknown at the moment.

Yes, exactly. Anyone else who has info on this feel free to chip in.

Originally Posted by 2k5Adam
Yeah, I understand that. You can sell to anyone over 18, BUT if they dont have a CWP, how in the hell are they going to get it home or to/from a range? Technically they are carrying a handgun, aren't they? It may or may not be "concealed" but they are still carrying it. *Technically speaking anyways*

Most states have different rules for "transporting" versus carrying (which has a separate legal definition). Most revolve around readiness for use, accessibility and container.

In general, if you are legal to possess you can transport. Such as unloaded in the trunk of your car.

Yes, very much so. Pilman, having waded through your state's laws I can tell you that is true in FL.