18-21 handgun ownership laws change?

[Miller9233]

So, I'll start out by saying I'm sorry this has been posted a million times, but I want to make sure I'm not misinformed like most cases. I am aware of the laws in PA stating that you can be 18 and possess and own a firearm under 21 yoa but have to be 18. The federal law only states that an FFL cannot sell or transfer a handgun or ammunition to anyone under 21. Did this law change? The reason I ask, I had a coworker that has an FFL tell me that you MUST be 21 to own or possess a handgun. He also told me this is because you have to meet the criteria for the 4473 form. Meaning you would have to be 21. Also, that a sheriff cannot transfer to anyone under 21 as well if the regardless if the sheriff doesn't have an FFL or does. I also called the local atf office and was told that you cannot be gifted from any parent, grand parent or spouse a handgun under 21. After seeing all of the laws I have yet to find one that says any of this. The ones I have found including being posted on previous posts is that you must be 18 and an FFL cannot have there hands in any transaction but buying/selling/gifting private party is perfectly legal. How true is what I'm being told or are the laws still the same? Thank you in advance.

[Steve in PA]

Your friend needs a new FFL.

[Miller9233]

Your friend needs a new FFL.

That is exactly as I thought Steve. I called him out on it since I'm 20 and own a handgun but he said it was illegal and so did an atf agent out of Wilkes Barre. I just wanted to make sure I was in the right since neither of them could produce in black and white why it's illegal, but instead printed the 18-21 faq off the atf website. And he came back that it's still illegal cause of the 4473 criteria which I didn't agree with. So is the law as I stated?

[Miller9233]

May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same State?

An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same State, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under Federal law. A Federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.

There may be State or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information on any such requirements.

[18 U.S.C. 922(b)(1)]

This is straight off of the ATF website. However a local atf agent said this is false and must be 21. He said that it's still illegal due to the form. But PA law states in black and white. 18 years old.

[Remington788]

I am aware of the laws in PA stating that you can be 18 and possess and own a firearm under 21 yoa but have to be 18.

I am sorry but I just cannot follow much of what you are saying. Please take this as constructive criticism, not a jab, and please check what you are writing for readability.


So as best I can understand, you are 20 years old and own/have/posses a handgun.
How did you come into ownership/possession of this handgun?

[Miller9233]

I am sorry but I just cannot follow much of what you are saying. Please take this as constructive criticism, not a jab, and please check what you are writing for readability.


So as best I can understand, you are 20 years old and own/have/posses a handgun.
How did you come into ownership/possession of this handgun?

I apologize Remington788, i wrote this on my smartphone that's busted up and isn't easy to type on. What i meant to say there, is basically i was aware that you can be 18 years of age, but under 21 and legally own or possess a handgun. As long as you obtain it as gift from a parent, grandparent, or spouse OR a private party sale transferred by a local sheriff with no ffl involved. Did these laws change or am I being misinformed? And mine was obtained as a gift from a parent. IS it ok or not to own/possess a handgun that was gifted to you by parent, grandparent, or a spouse if you are under 21, but 18 or over. And is it legal for a sheriff to transfer a private party sale of a handgun to somebody under 21? An ffl seem's to think it isn't legal but all evidence I could find still say's this is perfectly fine. He is saying its illegal due to meeting the criteria of the 4473 form? which in PA you dont have to transfer a firearm gifted from a parent so i never had to do that anyhow. Also, local ATF said 21, 21, 21 even if it is a gift. even though the above excerpt from their website said otherwise.

[ungawa]

FFLs can only transfer handguns to someone 21 or older.

PA law requires an FFL to perform handgun transfers - except from grandparent, or parent. You can also use a Sheriff for a non-familial transfer, but almost none will do it.

You need to be 18 to own a handgun.

You were correct, and you managed to find a whole lot of people that have no idea what they were talking about. Just have your dad gift you a gun.

Keep in mind, as a PA resident, you cannot drive around with a handgun in your trunk without LTCF unless headed directly to and from the range, etc. Out of state licenses no longer count.

[Miller9233]

FFLs can only transfer handguns to someone 21 or older.

PA law requires an FFL to perform handgun transfers - except from grandparent, or parent. You can also use a Sheriff for a non-familial transfer, but almost none will do it.

You need to be 18 to own a handgun.

You were correct, and you managed to find a whole lot of people that have no idea what they were talking about. Just have your dad gift you a gun.

Keep in mind, as a PA resident, you cannot drive around with a handgun in your trunk without LTCF unless headed directly to and from the range, etc. Out of state licenses no longer count.

Thank you very much ungawa! I wanted to be certain because at the time i acquired the firearm it was perfectly legal. I wasnt sure if things had changed. Also, doesnt the 4473 form state right on the back about transfers for being the actual purchaser of the firearm that "you are the actual purchaser of the firearm if you are buying it as a gift to a third party"? Therefore if its legal to gift a handgun up or down, meaning parent grandparent etc, that covers a straw purchase?

[ungawa]

It is legal for a grandparent or parent to gift under both commonwealth and federal law.

[Fortytwo]

Also, doesnt the 4473 form state right on the back about transfers for being the actual purchaser of the firearm that "you are the actual purchaser of the firearm if you are buying it as a gift to a third party"? Therefore if its legal to gift a handgun up or down, meaning parent grandparent etc, that covers a straw purchase?

IANAL, nor a FFL, but that is factual. Here is a link to ATF form 4473 https://www.atf.gov/file/61446/download

In particular, on page 4, it says: "Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANS-FEREE/BUYER of the firearm and must answer “NO” to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer “YES” to question 11.a. However, you may not transfer a firearm to any person you know or have reasonable cause to believe is prohibited under 18 U.S.C. §922(g), (n), or (x). Please note: EXCEPTION: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b."