I am 19... Can I legally OWN a handgun or not

[Muscle Master]

So I went in to the local gunshop on ellsworth street in South Philly and was told I can't own a handgun at all

I was under the impression that I can own one legally... Just can't buy it myself nor bullets

But I can buy a shotgun ... Which in My opinion I find rather retarded

I'm finding this process rather difficult and frustrating.... Can someone clear this up please

[XD45]

first things first, dont go to a gunshop for info as they are notorious for giving bad info.

I believe so long as your parent/grandparent gifts you the gun you can have it, and I think i've heard about transferring it at a sheriffs office if you are under 21 though I've never heard of any sheriffs that will do this.

[Muscle Master]

first things first, dont go to a gunshop for info as they are notorious for giving bad info.

I believe so long as your parent/grandparent gifts you the gun you can have it, and I think I've heard about transferring it at a sheriffs office if you are under 21 though I've never heard of any sheriffs that will do this.

Bingo ...

This is what I'm being told....

I didn't my grandmother can gift it though, I dad is dead and gone and who know where my mother is so .... when I was 16 my sister/legal guardian took custody of me... would she be considered my parent ?

I'm no idiot...
I'm no gangbanger ... I'm trying to be a doctor lol

I'm buying a gun for protection... it will stay in a lock box underneath my bed except when I got to the range and I'm am aware of the law

The guys at the gunshop was very rude ... couldnt even give me a price on the .40 cal XDm im looking to purchase

I will be shopping else where

[NikeBauer21]

You can legally own a handgun at 18, if it is gifted legally to you, or you transfer it through a sheriff.
I don't believe there would be any way for your sister to gift it to you, as she is not a parent/grandparent. The only other option for someone in your situation is to buy one from the dealer and have it transferred through the sheriffs office. However, from what I understand, most sheriffs will not do it.

Other than those two ways, it doesn't look to good for you... You may just have to wait it out.

(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.

[Pa. Patriot]

So I went in to the local gunshop on ellsworth street in South Philly and was told I can't own a handgun at all

I was under the impression that I can own one legally... Just can't buy it myself nor bullets

But I can buy a shotgun ... Which in My opinion I find rather retarded

I'm finding this process rather difficult and frustrating.... Can someone clear this up please

Federal law prohibits FFL dealers from selling/transferring handguns to persons under 21


Pa has no law prohibiting handgun OWNERSHIP or purchase by persons under 21 (and over 18)

You can purchase a handgun from a Pa, resident provided one of the following:

1) Purchased from an party exempted from the Pa requirement for the seller to execute a PSP form 4-113 (at an FFL)
These exempted parties are spouse, parent, grandparent, child, grandchild.
ref: 18Pa.C.S.6111(c)

2) If not an exempted party, have it transferred by the sheriff (*IF* the sheriff does transfers)

first things first, dont go to a gunshop for info as they are notorious for giving bad info.

Amen. Gunshops and police are the last place to ask about gun law

I believe so long as your parent/grandparent gifts you the gun you can have it,...

No requirement in Pa, (cited above) law for the transfer to be a "gift".
"Gift" is only relevant to avoiding a straw purchase scenario. I think the straw purchase issue is what causes the confusion on these transfers to 18-21yr olds.

Example:
a. Parent sells pistol to 18yr old child. Pistol was not purchased with intent to sell to child.
--- Legal provided other requirements are met (IE: not knowing buyer is prohibited, a resident, etc)

b. Parent buys pistol at FFL for 18yr old child *as a gift*
--- Legal

c. Parent BUYS handgun at gunshop to sell/or buys for a child (IE: takes childs money to buy)
--- Illegal under straw purchase laws.

[Pa. Patriot]

You can legally own a handgun at 18, if it is gifted legally to you, or you transfer it through a sheriff..

For the love of God, people, please stop posting that you can only "gift" handguns to the exempted parties listed in 18Pa.C.S.6111(c)

It is not correct.

"Transfers", as the law exempts, include gifts, sales, trades, etc.

[Pa. Patriot]

But I can buy a shotgun ... Which in My opinion I find rather retarded

PS: We feel your pain... When I am king for a day (all I would need) *ALL* gun control laws would disappear.

[tlgpa]

So I went in to the local gunshop on ellsworth street in South Philly and was told I can't own a handgun at all

They're either ignorant or confused. The dealer can not sell you a handgun at all.

18 Pa.C.S. § 6110.1: Possession of firearm by minor
Says you can't posess a firearm as a minor. Nothing in the law says you can't posess a firearm once you're 18, therefore you can.

The tricky part is getting it into your posession.

18 USC § 922(b)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

Prohibits a dealer from transfering to someone under 21.

18 Pa.C.S. § 6111: Sale or transfer of firearms
This spells out rules on transfering firearms, in which there is an exemption:

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.

Nothing in § 6111 specifies age, therefore a firearm could be transfered to you by someone meeting the exemption

[Muscle Master]

Federal law prohibits FFL dealers from selling/transferring handguns to persons under 21


Pa has no law prohibiting handgun OWNERSHIP or purchase by persons under 21 (and over 18)

You can purchase a handgun from a Pa, resident provided one of the following:

1) Purchased from an party exempted from the Pa requirement for the seller to execute a PSP form 4-113 (at an FFL)
These exempted parties are spouse, parent, grandparent, child, grandchild.
ref: 18Pa.C.S.6111(c)

2) If not an exempted party, have it transferred by the sheriff (*IF* the sheriff does transfers)




Amen. Gunshops and police are the last place to ask about gun law



No requirement in Pa, (cited above) law for the transfer to be a "gift".
"Gift" is only relevant to avoiding a straw purchase scenario. I think the straw purchase issue is what causes the confusion on these transfers to 18-21yr olds.

Example:
a. Parent sells pistol to 18yr old child. Pistol was not purchased with intent to sell to child.
--- Legal provided other requirements are met (IE: not knowing buyer is prohibited, a resident, etc)

b. Parent buys pistol at FFL for 18yr old child *as a gift*
--- Legal

c. Parent BUYS handgun at gunshop to sell/or buys for a child (IE: takes childs money to buy)
--- Illegal under straw purchase laws.

I'm not trying to break the law....

But hypothetically speaking... If I was to mention to Grandmom that I want a gun for my birthday and she used her credit card ... and a month later I was to give her the money to pay off the credit card... would that be considered a straw purchase

And I would still have to go to the sheriff office to transfer ownership rite???

I'm not to far from the Sheriff's office ... I'm about to go there and ask some question ... but you guys did say they give bad info

[Pa. Patriot]

I'm not trying to break the law....

But hypothetically speaking... If I was to mention to Grandmom that I want a gun for my birthday and she used her credit card ... and a month later I was to give her the money to pay off the credit card... would that be considered a straw purchase

If the intent is to have grandma buy a gun for you with your money. Yes, it would be a straw purchase under the current law and illegal.

I
And I would still have to go to the sheriff office to transfer ownership rite???

No. Transfers that are exempt from FFL involvement per 6111(c) are *exempt* from paper transfer.

I
I'm not to far from the Sheriff's office ... I'm about to go there and ask some question ... but you guys did say they give bad info

Depends on the sheriff. In my personal experiences, one is more likely to get bad info asking an LEO for legal advice.

But asking them if they do transfers would be mandatory if you plan on asking them to do one... no?