Pennsylvania Firearm Owners Association
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  1. #1
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    Default Own handgun under 21?

    Did any law change pertaining to the age requirements
    of handgun ownership and sheriff transfers? I was told by an FFL dealer that the minimum age to own a handgun was 21 and the only way I can have it transfered was through an FFL (even after citing both §6111(c) and §6110.1. I called my county sheriff office to ask them if they do transfers of firearms and they told me that it has to go through an FFL. Has a law changed about this or are both of them really that clueless of the current law.

  2. #2
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    Brookville, Pennsylvania
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    Default Re: Own handgun under 21?

    No law on the matter has changed. PA enacts a gun law, whether pro or anti, about once every 10-15 years. And since we just enacted an anti-gun law, the next pro-gun law should get passed in about 10-15 years.

    The state minimum age is 18yo.

    The federal law allowed FFL transfer is 21yo, and any private transfers of 18yo(with certain exceptions).

    PA allows for "private transfers" of handguns using a sheriff to facilitate the transfer(SP4-113 form) - however it has been about 10+ years since a sheriff has said they would do one for the 18-21 age group. And most sheriffs will defer all transfers to a FFL.
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  3. #3
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    (Franklin County)
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    Default Re: Own handgun under 21?

    Quote Originally Posted by knight0334 View Post
    however it has been about 10+ years since a sheriff has said they would do one for the 18-21 age group. And most sheriffs will defer all transfers to a FFL.
    For the record, the statute says the sheriff "shall follow the procedure set forth in this section as if he were the seller of the firearm.", which means it's not optional on his (or her)part. Just like "shall issue", it MUST be done. Of course, this means a lawsuit, which would probably be a financial burden for most between 18 and 21.
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  4. #4
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    Lewistown, Pennsylvania
    (Mifflin County)
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    Default Re: Own handgun under 21?

    The two worst sources of firearms legal information....gun shop employees and LEOs....thought everyone knew this by now?

  5. #5
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    Glockin, Pennsylvania
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    Default Re: Own handgun under 21?

    You can legally own a handgun but can't get an FFL to transfer it to you. Your only option is for a parent, grandparent or spouse to gift one to you.

    Also note you can't get a license to carry until 21 which does severely restrict your allowed circumstances of possession and transport.

  6. #6
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    Default Re: Own handgun under 21?

    Minimum age to buy a handgun from an FFL/retail dealer is 21.


    IIRC minimum age to possess is 18 now. Under 18 must have adult supervision.

    I still have the Ruger Mark I .22 auto my Dad gave me at 15. How would that fly today?
    I don't speak English , I talk American!

  7. #7
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    Default Re: Own handgun under 21?

    A Pennsylvania parent, grandparent, or spouse can legally give or sell a handgun to a Pennsylvania resident who is 18 or older and is non-prohibited. It doesn't have to be a gift. The catch (among many traps) is that you can't just get them to go buy you one and pay them the cost, because that would be a straw purchase. Federal law exempts bona fide gifts when you buy one for someone else, it does NOT exempt "buying it on behalf of someone else with their money".

    If your dad bought himself a pistol a few years ago, and he decides to sell it to you now, fine. If he buys a pistol and gifts it to you immediately, fine. If you say "here's $600, please go buy me that gun", that's a crime.

    No crossing state lines. No pre-payment. No prohibited persons. Other restrictions apply as well.
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  8. #8
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    Default Re: Own handgun under 21?

    Quote Originally Posted by IV_Warrior View Post
    The two worst sources of firearms legal information....gun shop employees and LEOs....thought everyone knew this by now?
    Yes , but gunshops get books with all state and federal laws with their FFL , and should have them at hand. I used to keep a copy of the PA Uniform Firearms Act and BATFE Fed and 50 state rule books in my truck too.
    I don't speak English , I talk American!

  9. #9
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    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: Own handgun under 21?

    Quote Originally Posted by gnbrotz View Post
    For the record, the statute says the sheriff "shall follow the procedure set forth in this section as if he were the seller of the firearm.", which means it's not optional on his (or her)part. Just like "shall issue", it MUST be done. Of course, this means a lawsuit, which would probably be a financial burden for most between 18 and 21.
    Not sure how much of a lawsuit it would be (I'm not a lawyer, so I don't know). One could march over to the county's Prothonotary or Clerk of Court and ask them about filing a Writ of Mandamus to force the sheriff to comply with state law. Asking is cheap.

  10. #10
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    Sinking Spring, Pennsylvania
    (Berks County)
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    Default Re: Own handgun under 21?

    Quote Originally Posted by GunLawyer001 View Post
    A Pennsylvania parent, grandparent, or spouse can legally give or sell a handgun to a Pennsylvania resident who is 18 or older and is non-prohibited. It doesn't have to be a gift. The catch (among many traps) is that you can't just get them to go buy you one and pay them the cost, because that would be a straw purchase. Federal law exempts bona fide gifts when you buy one for someone else, it does NOT exempt "buying it on behalf of someone else with their money".

    If your dad bought himself a pistol a few years ago, and he decides to sell it to you now, fine. If he buys a pistol and gifts it to you immediately, fine. If you say "here's $600, please go buy me that gun", that's a crime.

    No crossing state lines. No pre-payment. No prohibited persons. Other restrictions apply as well.
    Any paper work for that gift? Or is it just my word that I gifted it to my son? And, until he is 21 with a permit, no conceal carry and no loaded in a car?
    Gunowner99 - NRA Benefactor Life Member

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