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View Full Version : So much False Information regarding Handguns and under 21's


FourTenJaeger
07-14-2011, 10:10 PM
From a forum that I will remain nameless, One of their members posted this in regards to buying a handgun and being under 21:

Question was asked by an unknown person, I was browsing for info on the new rules regarding the ATF Ruling on .223, As my other is only 20, ran across this, and thought I'd post the false info up here for other members to perhaps see and know that it is false -if they dont already.-

Question: How old do I have to be to buy a handgun?

You have to be 21 to buy a handgun or handgun ammo the 21 age rule does not just apply to an FFL dealer.

Anyone who sells you a pistol when you are under 21 is also breaking the law.

If you are under 21 you can only have a pistol or ammo that was purchased by your parents or guardian **and** they need to be with you at all times when you have it.

You break this law it is a felon get convicted you will never be able to own or touch another firearm for the rest of your life.

At your age you should be shooting a rifle and working on your marksmanship skills. Pistols are generally more difficult to shoot well then a rifle. Most of what you learn on a rifle will translate well to your pistol skills so spend time doing what you need to do that is legal.

Hope this helps

hoffmang
07-14-2011, 10:38 PM
Only FFLs can't transfer handguns to those under 21... Texas and the US made a big stink about all the ways those under 21 can get handguns in NRA's case in Texas...

-Gene

Librarian
07-14-2011, 10:51 PM
From a forum that I will remain nameless, One of their members posted this in regards to buying a handgun and being under 21:

Question: How old do I have to be to buy a handgun?

You have to be 21 to buy a handgun or handgun ammo – the 21 age rule does not just apply to an FFL dealer.

Anyone who sells you a pistol when you are under 21 is also breaking the law.

This is correct. Feds make this restriction in 18 USC 922, and CA adds the restriction on everyone else at PC 12072 (http://law.onecle.com/california/penal/12072.html)(a)(3)

If you are under 21 you can only have a pistol or ammo that was purchased by your parents or guardian **and** they need to be with you at all times when you have it.

This, however, not so much - but mostly because it does not take into account intrafamilial transfer.

Also, no need to have an adult with you if you're the owner; do need an adult supervisor if UNDER 18 (I think; can't find the PC right now, so might be mis-remembering.)

You break this law it is a felon – get convicted – you will never be able to own or touch another firearm for the rest of your life.

Violation is punishable (3) If any of the following circumstances apply, a violation of
this section shall be punished by imprisonment in a county jail not
exceeding one year or in the state prison, or by a fine not to exceed
one thousand dollars ($1,000), or by both that fine and
imprisonment.
...
(B) A violation of paragraph (3) of subdivision (a) involving the
sale, loan, or transfer of a handgun to a minor.It's a wobbler - either county or state prison, so maybe a felony, maybe not.



Not so bad - a little incomplete, though.

ETA - I just found this neat site - that Calguns Foundation Wiki, and it has an article on 21 or older for handguns, (http://wiki.calgunsfoundation.org/index.php/21_or_Older_for_Handguns) and some nice person has posted a reference to the PC I couldn't remember - its 12078(p) (http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/4/s12078)(p)(1)Paragraph (3) of subdivision (a) and subdivision (d) of Section 12072 shall not apply to the loan of a firearm that is not a handgun to a minor, with the express permission of the parent or legal guardian of the minor, if the loan does not exceed 30 days in duration and is for a lawful purpose.

(2)Paragraph (3) of subdivision (a) of Section 12072, subdivision (d) of Section 12072, and subdivision (b) of Section 12801 shall not apply to the loan of a handgun to a minor by a person who is not the parent or legal guardian of the minor if all of the following circumstances exist:

(A)The minor has the written consent of his or her parent or legal guardian that is presented at the time of, or prior to the time of, the loan, or is accompanied by his or her parent or legal guardian at the time the loan is made.

(B)The minor is being loaned the firearm for the purpose of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.

(C)The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.

(D)The duration of the loan does not, in any event, exceed 10 days.

(3)Paragraph (3) of subdivision (a), and subdivision (d), of Section 12072, and subdivision (b) of Section 12801 shall not apply to the loan of a handgun to a minor by his or her parent or legal guardian if both of the following circumstances exist:

(A)The minor is being loaned the firearm for the purposes of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.

(B)The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.

(4)Paragraph (3) of subdivision (a), and subdivision (d), of Section 12072 shall not apply to the transfer or loan of a firearm that is not a handgun to a minor by his or her parent or legal guardian.

(5)Paragraph (3) of subdivision (a), and subdivision (d), of Section 12072 shall not apply to the transfer or loan of a firearm that is not a handgun to a minor by his or her grandparent who is not the legal guardian of the minor if the transfer is done with the express permission of the parent or legal guardian of the minor.

(6)Subparagraph (A) of paragraph (3) of subdivision (a) of Section 12072 shall not apply to the sale of a handgun if both of the following requirements are satisfied:

(A)The sale is to a person who is at least 18 years of age.

(B)The firearm is an antique firearm as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code.Nice site - I'll need to read more.

luckystrike
07-15-2011, 1:24 AM
If you are under 21 you can only have a pistol or ammo that was purchased by your parents or guardian **and** they need to be with you at all times when you have it.

FUD
not true.

Anchors
07-15-2011, 6:43 AM
In many free states, you can purchase a handgun from a non-FFL if you are 18-20.

AJAX22
07-15-2011, 6:49 AM
I bought two handguns mail order when I was 19.

They were made before 1899...

FourTenJaeger
07-15-2011, 12:42 PM
FUD
not true.

FUD Indeed

Anchors
07-15-2011, 8:39 PM
I bought two handguns mail order when I was 19.

They were made before 1899...

Haha I like your style.

AJAX22
07-15-2011, 8:48 PM
Haha I like your style.

That ain't nothing...

I made a .25ACP when I was 18 ;)

semi auto... made out of an old west german blank pistol...