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1/25/2018 7:38:29 AM
Posted: 7/8/2002 9:51:44 AM EST
I am 19 years old and almost entirely new to shooting. Recently I've been trying to get a thorough understanding of both Federal and State gun laws. This question is so amateurish its damned embarassing, but I just want to get it right, since I've received conflicting reports from a LOT of people.

Just correct me if I'm wrong:

Fed law says minimum age for POSSESSION of a handgun is 18, and that minimum age for unlicensed (non-dealer) transfers and sales are also 18. Yet licensed FFLs cannot sell handguns to those under 21 years? These are the provisions of the 1968 law, right?

If this is true, would having someone "straw-purchase" something for me (something=Single-Six) from a dealer be a legal problem? There is one gun store in town that requires proof of 21+ age to buy pistol AMMUNITION. (not counting 22s) If this is all true, who's dumb-ass idea was it to make it legal to possess something for three years but only legal to buy it from certain people, and how does it benefit anyone or anything?

And if it isn't, how DOES this work?

I have another question on top of this - I am aware that a domestic violence misdemeanor conviction is a disqualifying factor for firearms ownership under the Lautenberg Amendment. If I have one of these (against my brother!) but as a MINOR, am I still eligible for gun ownership?

ALSO - I am told that Florida places no additonal restrictions on possession with regard to age.
Link Posted: 7/8/2002 10:00:36 AM EST
well, it varys state to state. here in iowa. possesesion of handgun is 21. most states its 18. to be safe,have someone buy the gun, go shooting, say out loud "i dont like it" and sell it to you.
Link Posted: 7/8/2002 10:12:01 AM EST
Link Posted: 7/8/2002 10:22:41 AM EST
[Last Edit: 7/8/2002 10:23:09 AM EST by FirearmTom1]

Originally Posted By thebeekeeper1:
A straw purchase is always illegal.

You need to contact an attorney, who is knowledgeable about firearms laws, to advise you on the Lautenberg issue.



AMEN.

Why are you asking a bunch of people who like to shoot.

We may think we understand the laws, but I am not willing to bet my future that someone in North Dakota would be able to explain my Arizona laws.

Go talk to an attorney...not that they understand all of the laws either. At least they have staff that would be able to research it.

Good luck,

Tom
Link Posted: 7/8/2002 10:23:06 AM EST
I can only tell you how the law is in Texas. Florida sounds like it is similar.

Possession/Ownership is legal from 18 yrs. and up.

Purchase of handguns or handgun ammunition is limited to 21 yrs. and up.

Straw man purchases can get you and the seller in HOT WATER with the ATF. Whatever you do don't refer to a straw man purchase. If nothing else it will make a reputable gunshop refuse to sell to you. Ask me how I know!

It is perfectly legal for a gun to be purchased by a relative and given to you as a gift. That is not a straw man purchase.

Gift = good
Straw man = ATF

Good luck
Link Posted: 7/8/2002 10:27:45 AM EST
So my buddy or my family can buy a handgun for me as a gift, and then give it to me with no problem? I'm in Michigan BTW and I'm 20.
This doesn't make much sense.

Keving67
Link Posted: 7/8/2002 10:29:24 AM EST
Also, don't you have to register hand guns? So if my family bought me a hand gun as a gift, wouldn't they have to register it in their name? Would you have to transfer it upon giving it as a gift?

Keving67
Link Posted: 7/8/2002 10:34:02 AM EST

Originally Posted By keving67:
Also, don't you have to register hand guns? So if my family bought me a hand gun as a gift, wouldn't they have to register it in their name? Would you have to transfer it upon giving it as a gift?

Keving67



Ok, sometimes you need to do a little homework before asking all your questions. Call your local gun store and ask what is required to sell you a pistol. If a permit or registration (to the buyer) is in order, NO they cannot get a gun for you. You would not qualify for it until you got a permit or legal possession was transfered to you through the registration of the gun.

Let us know what your state requires, then we can help you better.
Link Posted: 7/8/2002 10:34:27 AM EST
[Last Edit: 7/8/2002 11:01:14 AM EST by Akintude]
Thanks for the advice. Yeah, I think I'll look into a lawyer for finding out the specifics of the whole Lautenberg deal.


Why are you asking a bunch of people who like to shoot.

We may think we understand the laws, but I am not willing to bet my future that someone in North Dakota would be able to explain my Arizona laws.



I'm not willing to bet my future on it either. Just trying to get as much information together on it as possible.

Hmm, maybe I was using the wrong terminology as far as buying a handgun. What is the technical difference between "straw-man purchasing" and a gift or a simple changed mind? Intent that can be proven? I thought straw-man only applied to people that were barred from POSSESSION (which may unfortunately include me too!) like buying a gun for your ex-convict buddy. Does anyone know the specifics of this, or where I could ask?

Edited because I sounded like a dumb-ass.
Link Posted: 7/8/2002 10:39:12 AM EST

Originally Posted By Balzac72:

Call your local gun store and ask what is required to sell you a pistol.




Yep.
Link Posted: 7/8/2002 10:43:01 AM EST
[Last Edit: 7/8/2002 10:49:05 AM EST by 5subslr5]

THIS IS A "TROLL" POST.



I thought I remembered something rotten and did a search. "Shrike" nailed his ass back in April. Then he had a locked-up 10/22........
Link Posted: 7/8/2002 10:46:38 AM EST
[Last Edit: 7/8/2002 11:00:08 AM EST by Akintude]

Call your local gun store and ask what is required to sell you a pistol.


Florida is a state that requires neither licensing of the firearms themselves nor a license/permit to own them, or any particular kind of them, in the first place. You need proof of residence, proof of being 21 or more years old, and the background check. There is 3-day federally mandated "cooling-off" waiting period, but those with CCWs (not me) are exempt from this.

ALSO - I was wrong on first post. Florida DOES have a little extra age requirement, but it doesn't apply in my own case. (Feds set no minimum age for long gun possession, FL sets 18 as minimum for possession of any firearm.)

EDITED TO ADD - 5subslr5, what is this crap? How is this, or my other thread "trolling?"

That's locked up, as in "locked in a room." Not locked up, as in "jammed."
Link Posted: 7/8/2002 12:18:00 PM EST
Link Posted: 7/8/2002 12:33:04 PM EST
Yeah, I guess I see how it could seem that way. Didn't mean to make the wrong impression, as I have lurked here for a long time.

Everyone, thanks again for the advice. I will probably end up consulting a lawyer on this.
Link Posted: 7/8/2002 3:57:55 PM EST
Again, the best thing to do is ASK AN ATTORNEY.

Every single state has different laws and requirements for possession, ownership, purchase, transfer, registration, carry/transport, GUN-SPECIFIC requirements, etc. etc. etc.

For instance, Texas does not require registration of firearms, so if you purchase from an individual it is "paperless" and legally so. In California, you still have to register the gun.

In Texas, IT IS MY UNDERSTANDING that you can transport a gun in your vehicle fully loaded if travelling overnight and going across multiple counties (of course, I also have a carry permit so I can carry on my person). In Illinois, it is my understanding that all weapons must be unloaded and that EVEN MAGAZINES MUST BE UNLOADED EVEN IF NOT IN THE WEAPON.

So, consult your favorite attorney.

And no trolling please.
Link Posted: 7/8/2002 7:17:57 PM EST
Qestion one... Ah, I have been down that road. Someone can give you a pistol as a "gift". the people down at the local police station must have thought that my buddy and i were queer for each other before I turned 21.
Link Posted: 7/8/2002 7:46:05 PM EST
Im almost scared to post now for fear some asshole will brand me a troll since im a newbie.

If anyone that calls me a troll, well..... Ill cry.

Link Posted: 7/8/2002 8:06:49 PM EST
Link Posted: 7/9/2002 2:38:20 AM EST
Straw purchases are legal in PA.

Says right in the code.

In PA, possession of a handgun is legal above the age of 18. Federal law says you can't buy one under 21.

PA law also says that background checks and whatnot are not required for transfers between parent and child, spouses, and grandparents and grandchildren.

So, in PA if a 18 year old wants a handgun, dad can go buy one for them and just give it to them.

Link Posted: 7/9/2002 6:20:23 AM EST

Originally Posted By Tailgate:
In Illinois, it is my understanding that all weapons must be unloaded and that EVEN MAGAZINES MUST BE UNLOADED EVEN IF NOT IN THE WEAPON.



I don't believe that is correct. A loaded magazine does not meet the definition of a loaded weapon, and Illinois law simply states that the gun must be UNLOADED and enclosed in a CASE. You must also have a FOID card.

Beekeeper1, you live here. Whats the deal?
Link Posted: 7/9/2002 7:22:51 AM EST
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