How old to purchase a handgun?

[Rule10b5]

It's not so much as owning the handgun as it is having in your possession. Your grandfather could have given you a handgun but until you are 21 you can't carry it without having him, your parent(s) or legal guardian with you (at the range). As far as I know it cannot just be an adult over 21, it has to be either the person who gave it to you or your parent(s)/legal guardian.

Excellent response -- one of the most detailed I've ever seen on here.

The only problem I have is with the above portion -- it conflicts with the law, shown below.

Federal law:

18 U.S.C. § 922(x)((2): A person under age 18 may not possess a handgun or handgun-only ammunition.

18 USC § 922(b): An FFL may not sell a handgun or handgun ammunition to a person under 21.

There is no federal law that says a person over 18, but under 21 may not possess a handgun. Please provide law that shows the contrary.

Pennsylvania law:

18 Pa.C.S.A. § 6110.1 (Pa's no firearms for minors provision) applies only to those under 18. There is no provision that relates to handguns.

6111 (the section relating to sale) is silent as to the age of the purchaser.

6106 (the section about concealed carry) only criminalizes carry if it is concealed. As long as you're complying with the other provisions of the UFA, you're legal if you're lawfully in possession and under 21 but over 18. It's silent on age.



Here's my bottom line point: If there isn't a law that says it's illegal, it is legal. Show me the law

[jsmithxd]

Excellent response -- one of the most detailed I've ever seen on here.

The only problem I have is with the above portion -- it conflicts with the law, shown below.

Federal law:

18 U.S.C. § 922(x)((2): A person under age 18 may not possess a handgun or handgun-only ammunition.

18 USC § 922(b): An FFL may not sell a handgun or handgun ammunition to a person under 21.

There is no federal law that says a person over 18, but under 21 may not possess a handgun. Please provide law that shows the contrary.

Pennsylvania law:

18 Pa.C.S.A. § 6110.1 (Pa's no firearms for minors provision) applies only to those under 18. There is no provision that relates to handguns.

6111 (the section relating to sale) is silent as to the age of the purchaser.

6106 (the section about concealed carry) only criminalizes carry if it is concealed. As long as you're complying with the other provisions of the UFA, you're legal if you're lawfully in possession and under 21 but over 18. It's silent on age.



Here's my bottom line point: If there isn't a law that says it's illegal, it is legal. Show me the law

+1.. no where in the UFA does it state the age 21 except in 6109 for license to carry.

[Xringshooter]

Rule105b and jsmithxd,

Yes you are correct, I definitely missed the boat on that part of my answer. I should have reread the applicable sections before replying. Thank you for correcting any oversights I had. I have found that this is one of the few forums that people will correct someone without getting nasty. Thank you. I don't want to have anyone get into trouble because of what I wrote.

On the straw man purchase, those of us FFL's have been seeing articles in both the PSP and BATFE newsletters more and more reminding us what to watch for. I agree with you Rule10b5 about the gentleman already stating how he wanted to do the transaction. I feel that this does meet the criteria for a straw man purchase because the person is not old enough to PURCHASE the firearm legally.

Yes, the parent-child, etc. gifting does not have to have any paperwork at all. However, I have been seeing more people go through a FFL to create a paper trail, even though I tell them it is not necessary. Typically their comment is that during these times they would feel better doing it this way, just in case.

I do hereby stand humbly chastised by my fellow PaFOA members.

I do however, stand by my comments about cultivating a relationship with your local gunshop (LOL).

[Rule10b5]

Rule105b and jsmithxd,

Yes you are correct, I definitely missed the boat on that part of my answer. I should have reread the applicable sections before replying. Thank you for correcting any oversights I had. I have found that this is one of the few forums that people will correct someone without getting nasty. Thank you. I don't want to have anyone get into trouble because of what I wrote.

On the straw man purchase, those of us FFL's have been seeing articles in both the PSP and BATFE newsletters more and more reminding us what to watch for. I agree with you Rule10b5 about the gentleman already stating how he wanted to do the transaction. I feel that this does meet the criteria for a straw man purchase because the person is not old enough to PURCHASE the firearm legally.

Yes, the parent-child, etc. gifting does not have to have any paperwork at all. However, I have been seeing more people go through a FFL to create a paper trail, even though I tell them it is not necessary. Typically their comment is that during these times they would feel better doing it this way, just in case.

I do hereby stand humbly chastised by my fellow PaFOA members.

I do however, stand by my comments about cultivating a relationship with your local gunshop (LOL).

No worries, my friend.

We're living in a world (these days) where we've been trained to look for a law that says we can do something, rather than look for a law that says we can't.

Sad, when you think about it. You shouldn't have to be a lawyer to understand what is and isn't legal. The law ought to be simple and there ought to be a hell of a lot less of it. It makes me sick to think that even with extensive schooling, a heavy litigation practice, and an absolute obsession with firearms law, that I don't understand even 10% of it. There's just too much, in too many forms, and it's too complicated.

And it isn't just firearms law -- it's everything. Try putting an extension on your house, or subdividing your property if you want to experience legal and bureaucratic hell.

I'm going to go sulk now...


Edit to add: And having a good relationship with your local gunshop is crucial if you want to get anything done, and done right

[Redneck17]

Why dont you just buy yourself a shotgun or even a carbine? They both are great home protection options and are totally legal for someone under 21to buy. OO Buck or a slug can set anybody back a few feet. Remingtion 870 or Mossberg 500 are two great and very reliable shotguns. You can pick them up new or used for a cheap price and you can put all kinda of attachments on them like mag tube extenders, flashlights, pistol grips...you get the idea. Thats what i did until i got my CX4 Storm. When i turn 21 imma buy a handgun, but for now my 500 and Storm do just fine. Just an idea..

[boardorgohome]

Im not buying the gun for home protection, i want a gun to simply shoot at a range, i simply enjoy shooting. Im not set on a .45, im going to shoot some handguns with a buddy of mine, i know he has a baretta 9mm and a glock .40 and some others so im going to see what i like. Im buying it simply for pleasure, home protection is just one of those added things. I have a .30ga shotgun and 2 .22 rifles so im not worried about using the .45 or whatever gun i choose.

So basically im going to tell my mom what gun id like, let her buy it as my birthday gift, and reimburse some of the cost since the one i was looking at has a 570 dollar pricetag. I've wanted a handgun since i shot the 9mm and i just prefer a handgun over a rifle.

Thanks for the replies so far guys...

[Steve in PA]

A .30ga shotgun? Hmmm....hows the recoil on that bad boy?

[ar15jules]

Probably mild, somewhere in between a 28 gauge and a 410 would be my guess. LOL
Jules

[boardorgohome]

yea...my bad on that...its a .20 ga....i was talking to my buddy on the phone about going shooting and when i went upstairs to read the barrel i saw what it was. I never had a clip for it so i never even looked at what it was and always assumed it was some other kind of rifle.

[Steve in PA]

We'll forgive you.......this time.