Posted: 6/20/2008 11:07:37 AM EDT
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Hey guys, I live in St. Louis county, and I just turned 18 about 2 months ago. Anyways, since I was 16 and could drive, I've been driving down to Jay Henges (Antire-Beaumont) Rifle Range, bringing with me only long arms. On my last trip I asked a range master how old I'd have to be to bring my handgun, and he told me I couldn't have it without an adult until I was 18. Well, now I'm 18, and I was just wondering if what he said is true. Can I legally transport and use a handgun at 18? I've looked up the laws, and I pretty much get lost where the word 'possession' comes in, and my current understanding is that at 18 I can leagally own a pistol, if it was given to me by a parent, and that I may legally possess it as long as I don't carry it on my person or concealed, but that I may keep it in my glove box on the drive to the range. Can any one help clarify this? Thanks in advance. Warcow |
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There is not a loop hole for gun shows Per federal law, a person may own and posses a handgun at 18 years of age. Again, per federal law, only a FFL is restriceted from selling to someone under 21 as long as they meet all the criteria for gun ownership. Only down side is you can not legally buy ammo for a handgun until 21, also a federal law |
| I have an FFL and There is no way an Dealer with an FFL can sell you a handgun. It is also illegal for anyone who doesn't have a license to sell you a handgun. If they are caught they can serve up to 10 years in federal prison. Just read the Youth Handgun Safety Act poster that every dealer has to post. As for the ammo I have found at places like wally world if you say its for a rifle they will let you buy it. |
I looked up both the State (MO. Rev. Stat 571) and Federal law (18 US Code Sec. 922) and found the following interesting tidbits: 1). 18 USC 922 prohibits the transfer of handgun to persons under the age of 18 (juvenile) in 922(x) --- see transcript of the law below. There are certain conditions that, if met, allow a legal transfer or possession of handguns by juveniles as defined by 922(x). 2). The 21-yr age limit for handgun transfer is applicable to importer, manufacturer, dealer and collector only (see 922(b)). 922(x) prohibits any person to transfer a handgun to a juvenile. Juvenile here is defined as a person under 18 years of age (see 922(x)(4)). But 922(x) also says that you must follow the state law. So I looked up the MO Rev. stat. 571 and found the following sections related to firearm transfer/possession: 571.060, 070, and 080. (see text below the Federal law) 3. I cannot find the 21-yrs age limit for handgun purchase anywhere in the state law. Perhaps I am missing something here? The Federal law says follow the state law, and the state law (Mo. 571.080) points back to the Federal law regarding "Transfer of Concealable Firearms" by specifically mentioning 922(b) and 922(x). So ..... based on what I can read here, a person 18-yrs age or older, but still under 21-yr of age, and providing he/she does not meet one or more of the disqualifying criteria for possessing a gun per Federal and State law, can legally possess a handgun in MO. As far as purchasing, he/she cannot purchase a handgun from a dealer/manufacturer/importer/collector before he/she turns 21. However, it is my understanding that the 21-yr age limit for transfer applies only to dealer/manufacturer/importer/collector only per 922(b). Therefore, a private citizen does not violate either 922(b) or 922(x), or any of the MO Rev. stats if he/she transfers a handgun to a person 18-yr of age or older, but is still under 21-yr of age. What do you think? Duke? I am not a lawyer type .... just someone who reads (heck, English is not even my first language) So please correct me if I misinterpret anything here. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 18 USC 922(b) (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; 18 USC 922(x), "Youth Handgun Safety Act" (x)(1) 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. (2) It shall be unlawful for any person who is a juvenile to knowingly possess - (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (3) This subsection does not apply to - (A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile - (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; (ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except - (I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and (iv) in accordance with State and local law; (B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty; (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. (4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age. (6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings. (B) The court may use the contempt power to enforce subparagraph (A). (C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown. Possibly related state law: Unlawful transfer of weapons, penalty. 571.060. 1. A person commits the crime of unlawful transfer of weapons if he: (1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of section 571.070, is not lawfully entitled to possess such; (2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child's custodial parent or guardian, or recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers any firearm to a person less than eighteen years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or (3) Recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated. 2. Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class D felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor. Possession of concealable firearm unlawful for certain persons--penalty. 571.070. 1. A person commits the crime of unlawful possession of a concealable firearm if he has any concealable firearm in his possession and: (1) He has pled guilty to or has been convicted of a dangerous felony, as defined in section 556.061, RSMo, or of an attempt to commit a dangerous felony, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a dangerous felony, or confined therefor in this state or elsewhere during the five-year period immediately preceding the date of such possession; or (2) He is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent. 2. Unlawful possession of a concealable firearm is a class C felony. Transfer of concealable firearms. 571.080. A person commits the crime of transfer of a concealable firearm if such person violates 18 U.S.C. Section 922(b) or 18 U.S.C. Section 922(x). |
Go read the text of the actual law. An FFL is prohibited from selling someone under 21 a handgun - you are correct here. There is nothing prohibiting an individual between 18 & 21 from buying / selling / transferring / possessing a handgun. As I said, go read the text of the actual law. It's all in that green book that ATF sends all FFLs every time they renew their license. I just looked up the YHSA poster and it quotes federal law. 922(x)(1): It shall be unlawful for a person to sell, deliver, or otherwis transfer to a person who the transferor knows... is a juvenile (A) a handgun... 922(x)(5): For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age. So a "person" can't transfer a handgun to a juvenile (someone under 18) but can transfer one to anyone (who is not otherwise prohibited) who is 18 or over, and an FFL can't transfer a handgun to someone under 21. eta: Mousegun87 beat me to it. Good synopsis. |
A gunshow has nothing to do with it. An 18-year-old can buy a handgun from a non-FFL. If you find a handgun for sale at a gunshow from a non-FFL, you can buy it. If you find a handgun for sale through some other means (want ads, know someone selling, etc.) you can buy it. You can't buy a handgun from an FFL, not at his store, not at a gunshow.
Some of it depends on the guy running the register, it seems. I've heard of people being refused sales of .44 "handgun" ammo at Walmart, even though it was for a lever-action rifle. When the guy pointed to a lever-action .44 that they had in the rack and asked what kind of ammo it used, the clerk said .44 mag, but still wouldn't sell. You could bring your rifle (leave it in the car) and offer to let the sales clerk follow you to the parking lot and verify that the gun is in fact a rifle. Some places will work with you, and some stores have a policy of "no handgun ammo under 21" no matter what the firearm. Just for fun, when I buy 9mm ammo at Walmart and they ask me if it's for a pistol or rifle, I respond truthfully that it's for a machine gun. Some of the looks are priceless. 
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