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January 2nd, 2008, 04:25 PM #1
Must be 21 or older to own a handgun?
Someone contacted me via PM asking to purchase a revolver I have for sale. He made the comment that we'd have to do the transfer at a sherriff because no dealer would perform handgun transfers to someone under 21 but over 18.
Is there something I am missing here? I know the PA UFA prohibits people under 21 from obtaining a LTCF, but since when is it illegal to open carry or own a handgun if you are under 21 but over 18?
To add insult to injury, I called both the Delaware and Chester County Sherriff's Departments.
Delco said "No transfers period." Then after I pressed them a little they said "Any transfer a dealer won't do, we won't do. That's the law."
The Chester County Sherriff's Department was arguably worse. After explaining the situation they stated, "If he's under 21 but over 18 he can't own a handgun, unless it's a .22, that's the law." I asked "Are you sure about that?" Them "Yes!"
Where are the facts? Who can quote me the part of the PA UFA which applies and how can I get this straightened out?
Thank you!
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January 2nd, 2008, 04:31 PM #2
Re: Must be 21 or older to own a handgun?
Its federal law. Under 21 can not purchase a handgun. They can be gifted a handgun from a parent but they can not purchase a handgun.
Bill USAF 1976 - 1986, NRA Endowment, USCCA
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January 2nd, 2008, 04:35 PM #3
Re: Must be 21 or older to own a handgun?
Hypothetically speaking it was me that made the request .
My understanding is that it is legal to buy one from a private owner but the transfer must be done at the sheriffs office.
Someone more knowledgeable will probably confirm soon.“If ye love wealth better than liberty, the tranquillity of servitude than the animating contest of freedom, — go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!” ~Samuel Adams
You cannot invade America. There is a rifle behind every blade of grass.” ~ Admiral Isoroku Yamamoto
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January 2nd, 2008, 04:36 PM #4
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January 2nd, 2008, 04:36 PM #5
Re: Must be 21 or older to own a handgun?
I'll pull the info asap.
18 to:
Buy from private party (can't be transfered through FFL)
Be gifted from parent/grandparent/spouse.
21 to:
buy from FFL
obtain LTCF
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January 2nd, 2008, 04:36 PM #6Grand Member
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Landenberg,
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Re: Must be 21 or older to own a handgun?
It's like billamj said -- no sales through FFLs to persons under 21 under federal law. 28 U.S.C. 922.
If would be legal, however, if someone 21 or older called you, arranged to purchase a handgun from you through an FFL, and then personally gave the handgun as a gift to his 18-20 year old child.
Oh, and Chester county is even more incorrect about the .22 comment. It's all handguns, regardless of caliber.
Edit to add: FWIW, this is how I received my first handgun. When I was 18 (and living in Hawaii), my mother purchased a handgun from an FFL. I then went to the police, applied for a license to receive a handgun (HI makes you apply for each separate firearm), they ran the background and issued a license a couple weeks later. Then I went to the police station with my mother and they transferred it from her to me, and registered it in my name.Last edited by Rule10b5; January 2nd, 2008 at 04:39 PM.
The material presented herein is for informational purposes only, is not guaranteed to be correct, complete, or up to date, does not constitute legal advice and does not establish an attorney-client relationship. You should NOT act or rely on any information in this post or e-mail without seeking the advice of an attorney YOU have retained.
In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice.
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January 2nd, 2008, 04:37 PM #7
Re: Must be 21 or older to own a handgun?
not true. under 21 may not purchase from a federally licensed dealer - private party sales are completely legal, but the transfer must be done at a sheriff's office. Holding an ffl only allows transfer to those over 21 - it's one of the stipulations.
as for what the two sheriff's offices told you, they're full of crap and don't even make sense, but that's how some of them are........Retired LEO, FFL Holder
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January 2nd, 2008, 04:37 PM #8
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January 2nd, 2008, 04:43 PM #9
Re: Must be 21 or older to own a handgun?
If its a gift from parent to child, you'll be okay. You don't have to transfer from parent to child at the sherriff's office, but it surely wouldn't hurt.
If I was in your situation, I'd just sell it to the father."See, this side is well roasted; turn me on the other and eat." St. Lawrence
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January 2nd, 2008, 04:45 PM #10Grand Member
- Join Date
- Dec 2006
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Landenberg,
Pennsylvania
(Chester County) - Age
- 49
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Re: Must be 21 or older to own a handgun?
The material presented herein is for informational purposes only, is not guaranteed to be correct, complete, or up to date, does not constitute legal advice and does not establish an attorney-client relationship. You should NOT act or rely on any information in this post or e-mail without seeking the advice of an attorney YOU have retained.
In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice.
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