Under 21 Handgun Ownership

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zdc1775

zdc1775

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Ok first let me state that I know that in many states it is perfectly legal to for someone 18-20 years old to buy and sell handguns. What I need is a list of those states or a list of the states that restrict ownership to only people 21 and older that is citable. I know that I have seen a list like that somewhere in the past but can't seem to find it now and I have been searching for the past few days but am about to run out of time.

For anyone wondering I need this for an essay I am writing arguing that FFL's be allowed to sell handguns and handgun ammunition to anyone who is 18 and older presuming they pass a background check.

I personally don't agree with the last part but I'm trying to keep the paper focused on the main topic and not argue for a complete repeal of all gun laws.
 
I'd look at Handgunlaw.us as they may have something that would workfor you. OpenCarry.org also has a map on "age to OC" which isn't exactly what you're looking for, but might be a good place to get some basic info to do some more research on as it's pretty hard to OC if you can't legally possess the gun in the first place.

I also believe that the NRA has a court case challenging the requirement to be 21 to purchase handguns. Not sure on the status of the case or if there was any judicial decision made, but might be good to mention.

And I'm sure you have this already, but the federal statute for minimum age of possession is USC 922 (x).
 
Best wishes with your paper. As an 18 year old in Ohio, the topic is near and dear to my heart. :) As far as I have seen, Ohio is one of the most restrictive states for handguns at 18-21 in the country.
 
Telekinesis said:
I'd look at Handgunlaw.us as they may have something that would workfor you. OpenCarry.org also has a map on "age to OC" which isn't exactly what you're looking for, but might be a good place to get some basic info to do some more research on as it's pretty hard to OC if you can't legally possess the gun in the first place.

I also believe that the NRA has a court case challenging the requirement to be 21 to purchase handguns. Not sure on the status of the case or if there was any judicial decision made, but might be good to mention.

And I'm sure you have this already, but the federal statute for minimum age of possession is USC 922 (x).
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Thanks for the suggestions. Those were the first places I looked. Information is there but not readily searchable. I would have to go though every state and scroll to the correct section. Not that I'm opposed to that but I can't cite my own research.

Also the Supreme Court decided to not hear NRA v. BATFE about a month ago.

U.S.C 922 (x)(1) states
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.
and U.S.C 922 (x)(5) defines juvenile as
For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age

So Federal law is 18 to possess
 
Ok first let me state that I know that in many states it is perfectly legal to for someone 18-20 years old to buy and sell handguns.
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Yes, but only in private transactions, in no state (due to federal restrictions) can you walk into a gunshop and walk out with any handgun between the ages of 18 and 20.
 
Everyone thanks for the help. And in case anyone is wondering 35 states currently allow the possession of handguns by people under the age of 21. 34 of those are 18 or younger, or the state has no minimum age for possession; 1 state allows you to possess if you are 19 or older.
 

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Yes, but only in private transactions, in no state (due to federal restrictions) can you walk into a gunshop and walk out with any handgun between the ages of 18 and 20
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Yes and that is exactly what I am arguing against.
 
CA
Minimum age to own a handgun = 18
Minimum age to purchase a handgun = 21

A person age 18-20 can legally receive (gain ownership) of a handgun via intra-familial gifting, which allows a grandparent or parent to legally gift a handgun to their child or grandchild that is 18 years or older. [PC 27875]
 
Gun Control Act of 1968

zdc1775 said:
For anyone wondering I need this for an essay I am writing arguing that FFL's be allowed to sell handguns and handgun ammunition to anyone who is 18 and older presuming they pass a background check.
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For over 45 years, Federal laws have prohibited a FFL in transferring a firearm to a person under the age of 21. Exemption are granted for Title 1 Rifles and Title 1 Shotguns. [18 USC 922 (b)(1)]

What you intend to write about, that FFLs should be able to transfer Title 1 Handguns to non-prohibited persons age 18-20, is currently in the court system. The case (Jennings v BATFE) is currently being appealed in the 5th Circuit Court of Appeals. A Federal Court in TX upheld the current Federal laws as being legal, which is why it is being appealed.



Federal laws:
Title 1 Rifle = 18
Title 1 Shotgun = 18
Title 1 Handgun = 21
Title 1 Other = 21
Title 2 AOW = 21
Title 2 DD = 21
Title 2 MG = 21
Title 2 NS = 21
Title 2 SBR = 21
Title 2 SBS = 21


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;
 
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aarondhgraham said:
Click here please,,,

Aarond

.
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It looks like my first reply was deleted. I meant no insult by pointing out that the Law Center to Prevent Handgun Violence is an anti site--a very anti site.

If anyone was offended, I apologize. My intent was to point this out and not insinuate anything about any forum member. In fact, my first thought was that aarondhgraham simply Googled something like "handgun legal age" and did not spend too much time poking around.

Mike
 
It was my post to the same site that got removed,Mike. Along with your post which appeared to be directed at my epistle! :D . Murphy's Law was at work.

Salutations,and we will just forget about the whole thing and continue our fight for the 2A. ;)
 
Don't forget that even in states where there is no age limit for handgun possession, or an age limit <18 years old - that Federal law still prohibits those <18 years of age from possessing handguns except under limited circumstances [18 USC 922(x)]. The minimum age limits in state laws <18 years of age really only apply to the limited exceptions to the 18 year old age limit in Federal law.
 
I'm beginning to suspect my serious reply to Aaron looked like a sarcastic response to another reply to Aaron I never saw. I'm still not sure but either way I'm good. :) We're all friends here.

Mike
 
Anybody 18 and up should be able to buy a handgun and a beer. If you can die for your country.
 
Under 21 and own a handgun, absolutely. Why not? What's more dangerous a .22 Buckmark or a 12 gauge semi-auto shotgun...
Under 21 and carrying a handgun should also be allowed after that person was/is in the armed forces or a LEO, so basically some as young as 18.
As Chaddy said, if you can be trusted to have the lives of others in your hands on duty then off duty should be no different. Just cutting the age down to 18 for everybody
could create some issues with many young adults that are in no way ready for that kind of responsibility. 18 year olds these days are not the same 18 year olds from 50 years ago.
 
Field Tester said:
The way I got around buying handgun ammo from 18-21 was buy saying it was for a carbine. That satisfied the requirements.
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And a Federal felony...I would not recommend that people commit felonies in order to purchase ammunition and I am sure THR would not condone such actions.

Lying to a licensed dealer (FFL) about the intended use of the ammunition violates 18 USC 922 (a)(6):
http://www.law.cornell.edu/uscode/text/18/922

18 U.S. Code § 922 - Unlawful acts
(a) It shall be unlawful—
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter
 
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What law prohibits a person under 21 from purchasing handgun ammunition, and/or from making a false statement about its intended use when purchasing it?

It is against the law for an FFL to sell handgun ammunition to a person under 21 for use in a handgun, but that law and the associated penalty applies to the FFL, not the purchaser.
 
JohnKSa said:
What law prohibits a person under 21 from purchasing handgun ammunition, and/or from making a false statement about its intended use when purchasing it?

It is against the law for an FFL to sell handgun ammunition to a person under 21 for use in a handgun, but that law and the associated penalty applies to the FFL, not the purchaser.
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Wrong. See my post with the quote of the law above your post. It is illegal for the FFL to sell ammunition intended to be used in a handgun to a person <21 years of age. If the person lies in order to deceive the FFL into selling them the ammunition, then the buyer violates 18 USC 922 (a)(6).

It IS, however, perfectly legal for the person 18 to 20 years of age to purchase ammunition from anyone without an FFL - and no FFL is required to be a dealer in ammunition only.
 
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