Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 1/25/2006 10:42:27 AM EDT
I have been told that if you are 18 or older you can buy a handgun from an individual but not a licensed dealer. So my question is that if I(20 years old) bought a pistol from an individual online and had to go through an ffl, would I still be able to buy it or would the purchase have to be face to face?
Link Posted: 1/25/2006 11:31:02 AM EDT
[Last Edit: 1/25/2006 1:33:10 PM EDT by AR15Vern]
I've been told you have to be 21 to carry a conceled hand gun in Texas. I think it was in my CCW class.
Link Posted: 1/25/2006 11:37:59 AM EDT
I'd bet that the FFL can not allow you the hand gun and that you must get it from a private & intrastate exchange.


Link Posted: 1/25/2006 12:18:46 PM EDT
[Last Edit: 1/25/2006 12:20:36 PM EDT by jeffk03]

Originally Posted By ajn776:
I have been told that if you are 18 or older you can buy a handgun from an individual but not a licensed dealer. So my question is that if I(20 years old) bought a pistol from an individual online and had to go through an ffl, would I still be able to buy it or would the purchase have to be face to face?



Here is my understanding, I looked to try to find the actual section in the law but couldn't find it on the web yet.

Under 21: no purchase or transfer of handguns through FFL. The license paperwork that comes with C&R licenses shows it is illegal for any licenseholder to transfer a handgun to anyone under 21. The paperwork sent out is no different for C&R vs regular FFLs for handgun transfers to persons under 21, as far as I can tell.

However, if you are under 21, and older than 18, private transfers of handguns are legal. Trying to arrange the online purchase by some other 21 years or older person (done through an FFL), in order for them to later sell you the gun, would probably be a straw purchase in the eyes of the law. However, if the person had the gun for a long enough period, it would not be a straw purchase. Or, if they purchased the guy for you as a gift, I believe that would be legal. But you paying them back would not be legal.

Good luck in working out a legal solution.
Link Posted: 1/25/2006 12:46:23 PM EDT
[Last Edit: 1/25/2006 2:20:06 PM EDT by FALARAK]
Phew.

Here are the facts.

Federal law concerning HANDGUNS:

To purchase, or transfer, from an FFL... where you fill out a federal 4473 form.... you MUST be 21. Therefore, to purchase, or transfer said handgun from an FFL/Dealer, you have to be 21. Even if it is just a transfer.

That is it.

Texas state law concerning WEAPONS (with special clause for handguns):


§ 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS[0]. (a) A
person commits an offense if the person:

(1) sells, rents, leases, loans, or gives a handgun to
any person knowing that the person to whom the handgun is to be
delivered intends to use it unlawfully or in the commission of an
unlawful act;
(2) intentionally or knowingly sells, rents, leases,
or gives or offers to sell, rent, lease, or give to any child
younger than 18 years any firearm, club, or illegal knife;

(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) knowingly sells a firearm or ammunition for a
firearm to any person who has been convicted of a felony before the
fifth anniversary of the later of the following dates:
(A) the person's release from confinement
following conviction of the felony; or
(B) the person's release from supervision under
community supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to
any person knowing that an active protective order is directed to
the person to whom the handgun is to be delivered; or
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a handgun while an active protective
order is directed to the actor.
(b) In this section:
(1) "Intoxicated" means substantial impairment of
mental or physical capacity resulting from introduction of any
substance into the body.
(2) "Active protective order" means a protective order
issued under Title 4, Family Code, that is in effect. The term does
not include a temporary protective order issued before the court
holds a hearing on the matter.
(c) It is an affirmative defense to prosecution under
Subsection (a)(2) that the transfer was to a minor whose parent or
the person having legal custody of the minor had given written
permission for the sale or, if the transfer was other than a sale,
the parent or person having legal custody had given effective
consent.

(d) An offense under this section is a Class A misdemeanor,
except that an offense under Subsection (a)(2) is a state jail
felony if the weapon[0] that is the subject of the offense is a
handgun
.




So according to Texas law, you can purchase/transfer/possess any legal firearm at 18 years of age..... and younger if you have parental consent. This doesn't have anything to do with concealed carry.... dont confuse the issue.

Which basically restricts you to purchasing from a private party. That is what I did when I turned 18.

Link Posted: 1/25/2006 1:49:15 PM EDT
Thank you guys for clarifying the issue.
Top Top