Must be 21 or older to own a handgun?

[dragonofpa]

Someone contacted me via PM asking to purchase a revolver I have for sale. He made the comment that we'd have to do the transfer at a sherriff because no dealer would perform handgun transfers to someone under 21 but over 18.

Is there something I am missing here? I know the PA UFA prohibits people under 21 from obtaining a LTCF, but since when is it illegal to open carry or own a handgun if you are under 21 but over 18?

To add insult to injury, I called both the Delaware and Chester County Sherriff's Departments.

Delco said "No transfers period." Then after I pressed them a little they said "Any transfer a dealer won't do, we won't do. That's the law."

The Chester County Sherriff's Department was arguably worse. After explaining the situation they stated, "If he's under 21 but over 18 he can't own a handgun, unless it's a .22, that's the law." I asked "Are you sure about that?" Them "Yes!"

Where are the facts? Who can quote me the part of the PA UFA which applies and how can I get this straightened out?

Thank you!

[billamj]

Its federal law. Under 21 can not purchase a handgun. They can be gifted a handgun from a parent but they can not purchase a handgun.

[jon'76]

Hypothetically speaking it was me that made the request .

My understanding is that it is legal to buy one from a private owner but the transfer must be done at the sheriffs office.

Someone more knowledgeable will probably confirm soon.

[billamj]

Originally Posted by dragonofpa

Hypothetically,

I sell a firearm to someone's father. Father transfers it to his son. This is legal?

Hypothetically, sure its legal.

[Pa. Patriot]

I'll pull the info asap.

18 to:
Buy from private party (can't be transfered through FFL)
Be gifted from parent/grandparent/spouse.

21 to:
buy from FFL
obtain LTCF

[Rule10b5]

It's like billamj said -- no sales through FFLs to persons under 21 under federal law. 28 U.S.C. 922.

If would be legal, however, if someone 21 or older called you, arranged to purchase a handgun from you through an FFL, and then personally gave the handgun as a gift to his 18-20 year old child.

Oh, and Chester county is even more incorrect about the .22 comment. It's all handguns, regardless of caliber.

Edit to add: FWIW, this is how I received my first handgun. When I was 18 (and living in Hawaii), my mother purchased a handgun from an FFL. I then went to the police, applied for a license to receive a handgun (HI makes you apply for each separate firearm), they ran the background and issued a license a couple weeks later. Then I went to the police station with my mother and they transferred it from her to me, and registered it in my name.

[Punisher]

Originally Posted by billamj

Its federal law. Under 21 can not purchase a handgun. They can be gifted a handgun from a parent but they can not purchase a handgun.

not true. under 21 may not purchase from a federally licensed dealer - private party sales are completely legal, but the transfer must be done at a sheriff's office. Holding an ffl only allows transfer to those over 21 - it's one of the stipulations.

as for what the two sheriff's offices told you, they're full of crap and don't even make sense, but that's how some of them are........

[Pa. Patriot]

Originally Posted by billamj

Its federal law. Under 21 can not purchase a handgun. They can be gifted a handgun from a parent but they can not purchase a handgun.

The fed statute only applies to FFL transfers.

ETA: I'll post the references soon as I get home from work.. Unless someone (like Knight0334) beats me to it

[jsb889]

If its a gift from parent to child, you'll be okay. You don't have to transfer from parent to child at the sherriff's office, but it surely wouldn't hurt.

If I was in your situation, I'd just sell it to the father.

[Rule10b5]

Originally Posted by dragonofpa

Ok... How do I get one of these offices to do the transfer (aside from running for sherriff myself, but that's a different story)?

You can't, unless you'd like to sue them. Or maybe you find a Sheriff who sees the law the way you'd like him to see it.