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Posted: 11/23/2005 12:22:08 PM EDT
I am just wondering if this is legal! I have never done this before, nor do I plan to!

Is it legal if a person under 18 gives his or her dad or mom the money to purchase a handgun or long gun for him/her?
Link Posted: 11/23/2005 2:58:36 PM EDT
Legally, someone under 18 cannot be in possetion of any handgun or long gun. However, there is nothing to stop you folks from purchasing a gun and letting you practice with it as long as they are with you to supervise. Then, when you reach legal age, it will make a nice birthday present. ATF defines a straw purchase as someone purchasing a weapon for someone who cannot legally purchase one for themselves. So, I guess, from a legal standpoint, since you cannot legally buy a weapon for yourselves because of your age, then having your parents buy it for you would tecnically be a Straw Purchase.
Link Posted: 11/23/2005 3:12:16 PM EDT
[Last Edit: 11/23/2005 3:14:57 PM EDT by sysop]
Yes it is legal but it has to be a parent grand parent or legal guardian.

gunwiz is wrong about the long guns unless there is something special about the laws in VA.

An individual under 18 can legally posess and own a long gun.

Handguns can be owned by individual under 18 but if you take it out of your home you must be accompanied by a legal guardian over the age of 21 or another adult with a letter of written consent.

Link Posted: 11/23/2005 8:29:29 PM EDT
Sysop, you are correct according to Section 18.2-309 section B!
Link Posted: 11/23/2005 8:31:18 PM EDT
[Last Edit: 11/23/2005 9:14:58 PM EDT by g3shooter]
Linky:leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-309
Link Posted: 11/23/2005 8:32:55 PM EDT
linky no workee
Link Posted: 11/23/2005 9:16:16 PM EDT
Try copying and pasting now, that works fine for me.
Link Posted: 11/25/2005 8:51:13 PM EDT
There was a big debate about this in GD a few weeks ago. Here's a helpful cartoon (yes, a cartoon) from the ATF website: www.atf.gov/firearms/ffrrg/theater/toon4.html

Now, not everyone came to a consensus, but this is the way I ended up understanding it: There is an exception in the law that allows parents/guardians to buy "gift" firearms for thier immediate family. There is no apparent definition of what the "gift" must be, so I assume there is no regulations on where the money must come from, if it has to be a surprise, if it has to be wrapped in pretty wrapping paper, etc. Therefore, essentially, what would normally be considered a straw purchase for the average Joe is legal for parents/their dependants.

Am I way off-base here?
Link Posted: 11/26/2005 5:32:57 AM EDT

Originally Posted By gunwiz:
Legally, someone under 18 cannot be in possetion of any handgun or long gun. However, there is nothing to stop you folks from purchasing a gun and letting you practice with it as long as they are with you to supervise. Then, when you reach legal age, it will make a nice birthday present. ATF defines a straw purchase as someone purchasing a weapon for someone who cannot legally purchase one for themselves. So, I guess, from a legal standpoint, since you cannot legally buy a weapon for yourselves because of your age, then having your parents buy it for you would tecnically be a Straw Purchase.



The minimum age to posses a firearm unsupervised is regulated by state law so it varies depending on the state you are in. In many states the minimum age is 16 or less.

Under federal law a straw purchase is not purchasing a firearm for someone who cannot legally purchase one for themselves. A straw purchase is making a false statement on a 4473 that you are the actual purchaser of the firearm when in fact you are not. If you subsequently transfer the firearm to a prohibited person that would be an additional and separate charge.

Under federal law you must be 21 to purchase a handgun from a FFL. Unless you are prohibited by state law from giving or selling etc. that handgun to someone under 21 you are permitted to do so.

Under federal law you can purchase a firearm (providing you use your own funds) and give it to anyone you choose to as long as you comply with the laws of the the state that you reside in.
Link Posted: 12/9/2005 11:22:59 AM EDT
If you are under 18, your parents own all your assets. They have legal right to all your money. So "giving" them money to buy you a gun is moot. The money is legally theirs from the start.

Therefore, since the money was never yours, and you can't legally own anything anyway, I would say go ahead and have your folks buy the gun with "your" money.

If JBT come knocking on your door and accuse your folks of making a straw purchase, well then, all is lost anyway.
Link Posted: 12/9/2005 11:27:48 AM EDT
[Last Edit: 12/9/2005 11:28:24 AM EDT by tweeter]


i'm not gonna interpret any legal jargon for anybody over the internet.
Link Posted: 12/17/2005 4:56:00 PM EDT
Okay, what if my parents buy it for me USING THEIR OWN MONEY for christmas or my b-day?
Link Posted: 12/17/2005 8:35:10 PM EDT

Originally Posted By rkbar15:

Under federal law a straw purchase is not purchasing a firearm for someone who cannot legally purchase one for themselves. A straw purchase is making a false statement on a 4473 that you are the actual purchaser of the firearm when in fact you are not. If you subsequently transfer the firearm to a prohibited person that would be an additional and separate charge.

Under federal law you can purchase a firearm (providing you use your own funds) and give it to anyone you choose to as long as you comply with the laws of the the state that you reside in.



Thank you rkbar15. There is so much internet-fact (aka fiction) about this topic that it is refreshing to see it explained accurately. I wish there were more people who "get it".

g3shooter - see rkbar15's second paragraph quoted above and enjoy your Christmas gift responsibly.
Link Posted: 12/22/2005 5:49:05 PM EDT
Thanks, but I am not getting a new gun for X-mas, me and my pops have been talking about my 17th birthday which is 6 months away, and he told me he would consider a springfield armory classic 1911A1.
Link Posted: 1/2/2006 10:35:04 AM EDT
[Last Edit: 1/2/2006 10:37:10 AM EDT by wise_jake]

Originally Posted By OBird:
There was a big debate about this in GD a few weeks ago. Here's a helpful cartoon (yes, a cartoon) from the ATF website: www.atf.gov/firearms/ffrrg/theater/toon4.html

Now, not everyone came to a consensus, but this is the way I ended up understanding it: There is an exception in the law that allows parents/guardians to buy "gift" firearms for thier immediate family. There is no apparent definition of what the "gift" must be, so I assume there is no regulations on where the money must come from, if it has to be a surprise, if it has to be wrapped in pretty wrapping paper, etc. Therefore, essentially, what would normally be considered a straw purchase for the average Joe is legal for parents/their dependants.

Am I way off-base here?


The main thing I don't like about that cartoon is that the clerk lady declares the attempted illegal, when that may or may not have actually been the case:
"this transaction *is* illegal" (my emphasis).

Obviously she is almost certainly correct, but "almost" != "is". She has every right to deny the purchase, but I think she was overreaching by declaring it illegal herself.
Link Posted: 1/3/2006 8:58:04 AM EDT

Originally Posted By wise_jake:

Originally Posted By OBird:
There was a big debate about this in GD a few weeks ago. Here's a helpful cartoon (yes, a cartoon) from the ATF website: www.atf.gov/firearms/ffrrg/theater/toon4.html

Now, not everyone came to a consensus, but this is the way I ended up understanding it: There is an exception in the law that allows parents/guardians to buy "gift" firearms for thier immediate family. There is no apparent definition of what the "gift" must be, so I assume there is no regulations on where the money must come from, if it has to be a surprise, if it has to be wrapped in pretty wrapping paper, etc. Therefore, essentially, what would normally be considered a straw purchase for the average Joe is legal for parents/their dependants.

Am I way off-base here?


The main thing I don't like about that cartoon is that the clerk lady declares the attempted illegal, when that may or may not have actually been the case:
"this transaction *is* illegal" (my emphasis).

Obviously she is almost certainly correct, but "almost" != "is". She has every right to deny the purchase, but I think she was overreaching by declaring it illegal herself.



Yeah, I agree with you there. But does anyone find my assessment of the issue to be at least partially correct?
Link Posted: 1/3/2006 10:23:47 AM EDT
[Last Edit: 1/3/2006 10:24:53 AM EDT by wise_jake]
In my wet-behind-the-ears assessment, you appear to be spot-on.


ETA: As long as the minor child was not otherwise a prohibited person.
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