The Under 21 Legal Issues

[Willtallica]

I'm 20, and I can't buy a pistol. I used to think all was hopeless for me until I just realized that there's kids at pistol competitions. I looked into pistol ownership for people under 21, and found what I believe was that one who's under the age can own one only if their parents hand it down to them. Is this true, and if so can I have such documentation presented to me to show my father?

[Pa. Patriot]

Yes, handgun ownership at age 18 because the laws do not prohibit it.

You can buy a handgun (by PA law) at 18 too... however, FFL's are required by FED law to not transfer handguns to anyone under 21.

So - that leaves you with two options. Your parent/grandparents can "gift" you a handgun or you can buy one private party and have it transferred through a sheriff's office (most sheriff's wil not do this though)

§ 6110.1. Possession of firearm by minor.

(a) Firearm.--Except as provided in subsection (b), a person
under 18 years of age shall not possess or transport a firearm
anywhere in this Commonwealth.

Parent/grandparent to child exemption from transfer:
§ 6111. Sale or transfer of firearms.

(c) Duty of other persons.--Any person who is not a licensed
importer, manufacturer or dealer and who desires to sell or
transfer a firearm to another unlicensed person shall do so only
upon the place of business of a licensed importer, manufacturer,
dealer or county sheriff's office, the latter of whom shall
follow the procedure set forth in this section as if he were the
seller of the firearm. The provisions of this section shall not
apply to transfers between spouses or to transfers between a
parent and child or to transfers between grandparent and
grandchild.

[gnbrotz]

Originally Posted by Pa. Patriot

You can buy a handgun (by PA law) at 18 too... however, FFL's are required by FED law to not transfer handguns to anyone under 21.

Fixed it for ya.

[Pa. Patriot]

Originally Posted by gnbrotz

Fixed it for ya.

Ugh - brain freeze... worked too hard for a sunday

[Tony Fly]

Willtalica... How long until you are 21? Did you just turn 20 or do you have only a few months left?

[markheck1]

Another Legal issue.....Straw Purchase......I know it's been beat to death, but if it saves one person from prosecution, it's worth it......

Is it a Straw purchase to buy a gun for a 20 Y/O...even though as provided they would be eligible to own one...through gifting?

[Pa. Patriot]

Originally Posted by markheck1

Another Legal issue.....Straw Purchase......I know it's been beat to death, but if it saves one person from prosecution, it's worth it......

Is it a Straw purchase to buy a gun for a 20 Y/O...even though as provided they would be eligible to own one...through gifting?

A gift is exactly that - a gift.

[markheck1]

Sure.....but if that gift's only purpose is to circumvent the law.......IE "Sure I'll buy that, and give it to you, since you can't legally buy it"

[gnbrotz]

Originally Posted by markheck1

Sure.....but if that gift's only purpose is to circumvent the law.......IE "Sure I'll buy that, and give it to you, since you can't legally buy it"

That's not circumventing the law. That's violating the law, because you are transferring to a prohibited person.

[Pa. Patriot]

Originally Posted by gnbrotz

That's not circumventing the law. That's violating the law, because you are transferring to a prohibited person.

Maybe I misunderstood... but I took his question to be from the parent/grandparent perspective as in the exemption to the transfer requirement.

IOW, don't give dad $400 to buy your handgun for you. It has to be a bona-fide gift.