February1999 FFL NEWSLETTER VOLUME 1
AGE RESTRICTIONS ON FIREARMS
TRANSACTIONS
Youth Handgun Safety Act
Recently mailings went to the licensees providing
for poster requirements and handbill delivery
requirements of an explanation brochure to
handgun transferees from Federal firearms
licensees. These mailings led to some confusion
within the industry. No change has been made to
the age restrictions pertaining to Federal firearms
licensees transferring firearms. If the firearm
being transferred is other than a rifle or shotgun
[27 CFR § 178.99(b) & 18 U.S.C. § 922(b)(1)],
then the purchaser must be 21 years of age or
older. It the firearm is a rifle or shotgun then the
purchaser must be 18 years of age or older.
The Youth Handgun Safety Act of 1996 (YHSA)
made it unlawful for “any person” to provide a
handgun to a juvenile (under 18 years of age),
with limited exceptions. Prior to the implementation
of this law, a nonlicensed individual was not
restricted under Federal law from providing a
handgun to a person of any age. They were
restricted as to State of residence and prohibited
person categories, but no age restriction. The
YHSA changed this.
Then by regulation, effective September 11, 1998,
ATF implemented a requirement for Federal
firearms licensees to place a poster in their
premises, including gunshows, informing their
purchasers of this new law. In addition, the
licensee must provide a copy of the restrictions as
provided on ATF I 5300.2. This poster and these
handouts may be obtained from the ATF Distribution
Center at 703-455-7801.
“Shotguns” with pistol grips attached
In the last ATF Newsletter (August 1998) an
article stated shotguns with pistol grips and no
shoulder stocks attached were restricted to
persons 21 years of age or older if being sold by a
Federal firearms licensee. This requirement is
specified in 27 CFR § 178.99(b) and 18 U.S.C.
922(b)(1) (
www.atf.treas.gov/core/regulations/
27cfr178.html), which states that if the firearm to
be transferred is “other than a rifle or shotgun”
then the purchaser must be 21 years of age. The
definition of a shotgun under the GCA [18 U.S.C.
§ 921(a)(5)] is a weapon “intended to be fired
from the shoulder.” With the pistol grip in lieu of
the shoulder stock, this weapon is not designed to
be fired from the shoulder, and therefore is not a
shotgun.
Questions have been raised about those firearms
that are supplied with both a pistol grip and a
shoulder stock. If the firearm is sold with the
shoulder stock then the firearm is intended to be
fired from the shoulder and would be considered a
shotgun. The shoulder stock does not necessarily
have to be attached at the time. Persons 18 years
of age or older may purchase those firearms from
licensees.
Other questions raised pertain to entries made in
the licensee’s required records as to firearm
“type” if not shotgun. These entries may indicate
the firearm type simply as Title I.
