Re: This is 100% legal from what i can see but i want to make sure.
A FFL CANNOT, by federal law, transfer a handgun to a person who is under 21 years of age.
A PA Sheriff CAN, if they want, transfer a handgun to a person between the ages of 18 and 20 yrs, 364days. However, most or all really do not want to get into this and like an FFL they can say no to certain transactions.
A PA resident over the age of 18 can legally carry (open only) a handgun, by PA law. But there are exceptions during the now in place State of Emergency signed by our liberal governor.
A PA resident, of any age, can be given (gifted) a handgun by their parents or grandparents and have have possession of it while accompanied by their parent/grandparent if they are under 18 (I believe an adult guardian over 21 is also acceptable but I'm not 100% sure of that)
An 80% Glock frame is not considered a firearm until the first hole is drilled. Once started it is a firearm. If the builder is 18 or older that should not be a problem as you are allowed to own firearms at that age. Being 18 also should not pose any problems building a Non-NFA firearm from scratch for your own use. Once built, he would be able to legally carry it openly - other than with the restrictions from the State of Emergency
I would not advocate transporting this 80% build anywhere other than within PA (and even in PA questions may arise from many police departments due to a firearm with no markings.) If you are making an 80% firearm, you better have the applicable BATFE regs on this subject memorized or on hand. Take it out of PA and get stopped with it, you are going to have more headaches than you can possible imagine, even if it is perfectly legal to have it.
Standard disclaimer: I am not a lawyer but I am a 30 year FFL/SOT holder (to some this probably doesn't mean a thing)
Re: This is 100% legal from what i can see but i want to make sure.
Quote:
Originally Posted by
Xringshooter
A PA Sheriff CAN, if they want, transfer a handgun to a person between the ages of 18 and 20 yrs, 364days. However, most or all really do not want to get into this and like an FFL they can say no to certain transactions
I disagree with you here. The statue says the sheriff SHALL complete the transfer. We know that as with licensing, this language means it is NOT optional.
Of course, we also know that the government, and its agents, frequently disregard their legal obligations because it forces the citizens to spend their own money in an attempt to force compliance, and so far, no one has been willing to spend a few thousand dollars to settle the matter.
Re: This is 100% legal from what i can see but i want to make sure.
Amongst all the bluster and opinions, I still have not seen any factual basis to suggest what the OP wants to do is illegal.
He can legally buy and complete an 80% lower.
He can legally posses the handgun both here and in VT, so he can legally transport under FOPA.
He can legally possess AND carry in VT without a permit.
Is there anyone to suggest that our current SOE would interfere with FOPA when involving an unlicensed individual who is not a prohibited person?
Re: This is 100% legal from what i can see but i want to make sure.
Quote:
Originally Posted by
Xringshooter
An 80% Glock frame is not considered a firearm until the first hole is drilled. Once started it is a firearm. If the builder is 18 or older that should not be a problem as you are allowed to own firearms at that age. Being 18 also should not pose any problems building a Non-NFA firearm from scratch for your own use. Once built, he would be able to legally carry it openly - other than with the restrictions from the State of Emergency
And there's another roadblock for this guy. Under normal law and circumstances, he would be able to carry open without a LTCF...which you have to be 21 for.
However, our Governor keeps imposing this fake fairy tale State of Emergency for pill poppers...so he cannot carry legally.
Re: This is 100% legal from what i can see but i want to make sure.
Quote:
Originally Posted by
alpacaheat
And there's another roadblock for this guy. Under normal law and circumstances, he would be able to carry open without a LTCF...which you have to be 21 for.
However, our Governor keeps imposing this fake fairy tale State of Emergency for pill poppers...so he cannot carry legally.
His profile shows that he lives in Philthytown so he'd need an LTCF to carry it openly anyway. What he could do is fondle it in his home, disassemble it and get familiar with it and be prepared for his 21st birthday when he could apply for the LTCF. I applaud him and see nothing wrong with it.
Re: This is 100% legal from what i can see but i want to make sure.
Quote:
Originally Posted by
alpacaheat
Wow...so many possible felonies here.
You need to be 21 to have a handgun legally transferred to you.
If you were 21, you'd be safe to do an 80% build. You still need to be 21 to possess a handgun. Personally though, I'd never travel with my 80% builds or even carry them in case you run into a police officer not familiar with what it is and laws surrounding them...or if you have to use it, that could cause you extra legal issues.
Vermont is now a Constitutional Carry State, so you'd be in luck to properly transport a handgun there following FOPA law and carry without a permit, IF YOU WERE 21:
-Firearms must be unloaded;
-Firearms must be contained in:
*A closed and fastened case
*A gunbox
*A securely tied package, or
*Locked in the trunk of the automobile in which it is being transported
Holy shit. Maybe you should go back and delete this entire post and then I'll delete mine
Re: This is 100% legal from what i can see but i want to make sure.
Quote:
Originally Posted by
Yoder
Another problem is to get to VT you need to go through NY.
Not necessarily. He could go though Canada (:
Re: This is 100% legal from what i can see but i want to make sure.
Quote:
Originally Posted by
alpacaheat
The gun would have to be a gift from a parent....
So I guess the big question is, "What do his parents know that we don't?"
Why don't his parents give him a gun?
Re: This is 100% legal from what i can see but i want to make sure.
Quote:
Originally Posted by
free
So I guess the big question is, "What do his parents know that we don't?"
Why don't his parents give him a gun?
Maybe his parents don't own one and they know that buying one just to gift it to him is not legal.
Re: This is 100% legal from what i can see but i want to make sure.
Quote:
Originally Posted by
Walleye Hunter
Maybe his parents don't own one and they know that buying one just to gift it to him is not legal.
Also incorrect. You can buy a firearm as a bona fide gift for another person and still answer legally on the 4473 that you are the actual buyer. The recipient just can't pay you for it, or that's a straw purchase.
