What makes an illegal handgun?

IncredibleGord · Oct 23, 2008

Is it illegal to buy a handgun from a friend, if we're both 18? He has two glocks he doesn't want, and offered them to me. It would be legal only if he gave them to me as a gift right? Is there a loop-hole? If I do buy them, would it be illegal for me to have them at my home? I would like any advice on legally owning a pistol in Minnesota for an 18yr old. I have absolutely no police record, no traffic tickets, and I legally own a shotgun, and 10/22, bought from a pawn shop.

What is an illegal pistol? One that is used in a crime obviously, but what else?

NavyLCDR · Oct 23, 2008

Is it illegal to buy a handgun from a friend, if we're both 18?

If you are both residents of Minnesota, the answer is no. It is not illegal. In fact, according to MN state law, outside of a municipality, the age limit is 14. Within a municipality, the age limit is 18. HOWEVER, the sale of a firearm to a person under the age of 18, even by private parties, would, in most cases be against Federal law.

It would be legal only if he gave them to me as a gift right?

No, that is not correct. It would be legal for him to either sell you the guns or to give them to you as a gift, assuming that your friend does not have a Federal Firearms (dealers) License.

Is there a loop-hole?

No. There is no such thing as a loop-hole, that is a myth made up by the Brady Campaign. Your actions would be legal, period, no loop-hole.

If I do buy them, would it be illegal for me to have them at my home?

No.

I would like any advice on legally owning a pistol in Minnesota for an 18yr old.

Read the statute for yourself:
https://webrh12.revisor.leg.state.mn.us/statutes/?id=609.66

What is an illegal pistol? One that is used in a crime obviously, but what else?

A pistol used in a crime may not be illegal. It would only be illegal if you took possession of it, knowing that it was used in a crime in an attempt to hide evidence during an investigation. A stolen pistol would be illegal if you bought it knowing that it was stolen. A fully-automatic pistol, without an NFA license is illegal. A silencer for the pistol, without the NFA license would be illegal. A pistol which has had the serial number altered or removed would be illegal. A pistol purchased from an out of state source, without going through a MN FFL would be illegal. A pistol that was manufactured by someone without a manufacturer's license, and then transferred to another party would be illegal. I think that is about it.

Your standard, ordinary pistol, bought from standard, ordinary Joe citizen is perfectly legal in MN.

Now, handgun ammunition, you are also going to have to buy privately. You can not buy ammunition from a dealer for use in a handgun until you are 21. As long as no false statements are made to the dealer regarding the purchase of the handgun ammunition, anyone over 21 can buy it for you, with your money and give it to you. It is only a crime if that person makes a false statement to the dealer. That is Federal Law.

IncredibleGord · Oct 23, 2008

Thanks a lot for clearing that all up, couldn't have asked for a more detailed answer. I'm excited to get my glocks

NavyLCDR · Oct 23, 2008

I would definitely read MN statutes, that I posted the link to above, and the statutes around it dealing with firearms. Also, read Title 18, Chapter 44, specifically section 922. Be careful of the Federal Statute, notice which parts start with "Licensee" or "Licensed Dealer" and which parts start with "any person".

The parts that start with "any person" or "any person other than a licensed..." apply to you as a private citizen. The other parts that start with "Licensee" or "Licensed Dealer" apply to FFLs (Federal Firearms License).

Here is the link to federal code:
http://www.access.gpo.gov/uscode/title18/parti_chapter44_.html

The Lone Haranguer · Oct 23, 2008

It is only illegal if you are not in rightful or legal possession of it.

CountGlockula · Oct 24, 2008

One thing to consider, I'm sure your state practices this as well, you have to be 21 to buy ammo.

NavyLCDR · Oct 25, 2008

One thing to consider, I'm sure your state practices this as well, you have to be 21 to buy ammo.

His state better practice it, because it is FEDERAL law. Federal law states that you must be 21 to buy ammo to be used in a HANDGUN from a DEALER. He can buy all the rifle ammo he wants from anybody, and he can buy all the handgun ammo he wants from a private person. He can even have someone 21 or over buy the handgun ammo for him, so long as no false oral or written statements are made to the dealer.

mnrivrat · Oct 25, 2008

Hummm ? An 18 year old with 2 glocks he wants to sell does raise a couple hairs on the back of my neck.

What the other posters have said is true - you can purchase a handgun at age 18, but only from private sellers, not FFL dealers. I would make sure you are buying legaly owned pistols however, and not something that has been stolen .

IA_farmboy · Oct 25, 2008

There is no such thing as an "illegal handgun".

I know I'm nit picking but I think it's an important "nit" to pick. You don't hear about "illegal cars" or "illegal stereos". There are stolen stereos and unlicensed cars. The question you should have asked is "what makes a lawful transfer?" or "who can lawfully own a handgun?"

I catch myself making this same mistake. I will sometimes say "illegal guns" or "illegal drugs" but there is nothing I am aware of in this nation that one cannot own with the proper paperwork. Cocaine, for example, is a controlled substance and is legally produced, owned, and used medically. Even those *evil* guns like submachine guns are legal to own if "your papers are in order".

evan price · Oct 27, 2008

An illegal handgun could possibly e one which has a secondary forward handgrip installed I suppose, or has been converted to full auto, or was made from a cut-down long gun...

jackdanson · Oct 27, 2008

Have fun and be safe!!

IA_farmboy · Oct 27, 2008

An illegal handgun could possibly e one which has a secondary forward handgrip installed I suppose, or has been converted to full auto, or was made from a cut-down long gun...

None of those are illegal, they are taxed, controlled, registered, and so on. If your papers are in order then it is lawful to own. It's mere existence is not illegal, especially since such weapons are popular in the military.

acn001 · Oct 27, 2008

What about in Florida? Is it illegal to sell a pistol to a friend. We are both over the age of 21 of course?

acn001 · Oct 28, 2008

acn001 · Oct 29, 2008

Thanks for the help guys...

Aimpoint 223 · Oct 29, 2008

I think an illegal handgun defined as an unregistered short barrel rifle like the Thompson Contender !!!

caseypj · Oct 29, 2008

Acn001, private sales are perfectly legal in the state of Florida.

acn001 · Oct 29, 2008

sweet thanks,

NavyLCDR · Oct 30, 2008

What about in Florida? Is it illegal to sell a pistol to a friend. We are both over the age of 21 of course?

You only have to be 18 for the private sale in Florida. You do have to both be Florida residents, not just located in Florida.

V/R,
Navy LT

acn001 · Oct 30, 2008

So your saying that a legal owner of a pistol over the age of 21 can sell a pistol to an 18 year old. I highly doubt that...???

Maelstrom · Oct 30, 2008