Can a 18 year old buy a handgun through a private sale, in NH

[FIVETWOSEVEN]

I need to clarify the law, Can a 18 year old living in the state of NH, buy a handgun through a private sale from someone that is also living in the state of NH. If yes than how exactly does the law allow this?

 

[hermannr]

The question is: what is the age of majority in NH? It is illegal to sell to a minor. (159.12) If you can vote in a state election and make binding contracts at 18, you are no longer a minor. Federal law says 18, states can differ. BTW: There is no age restriction on obtaining a CCW in NH

In WA state legal age of majority is 18. (you can vote in a state election and make binding contracts)

You want more look in www.handgunlaw.us/states/newhampshire.pdf

 

[Bonesinium]

I am almost positive you can buy a handgun at 18 in a private sale in NH. In fact, if I am not mistaken, you can open carry at any age, and I see nothing about any age restrictions to acquire a pistol/revolver license. The age of majority in NH is 18.

159:8 License to Sell.
III. No pistol, revolver, or other firearm shall be delivered to a purchaser not personally known to the seller or who does not present clear evidence of his identity; nor to a person who has been convicted of a felony.

159:12 Sale to Minors. –
I. Any person who shall sell, barter, hire, lend or give to any minor any pistol or revolver shall be guilty of a misdemeanor.
II. This section shall not apply to:
(a) Fathers, mothers, grandparents, guardians, administrators or executors who give a revolver to their children or wards or to heirs to an estate.
(b) Individuals instructing minors in the safe use of firearms during a supervised firearms training program, provided the minor's parent or legal guardian has granted the minor permission to participate in such program.
(c) Licensed hunters accompanying a minor while lawfully taking wildlife.
(d) Individuals supervising minors using firearms during a lawful shooting event or activity.

159:6 License to Carry. –
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth anniversary of the license holder's date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be $100, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.
II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.

 

[NavyLCDR]

In fact, if I am not mistaken, you can open carry at any age,

Federal law prohibits the open or concealed carrying of a handgun by a person under the age of 18, except in limited circumstances. 18 USC 922 (x).

 

[FIVETWOSEVEN]

Navy, whats your take on my question? Usually you are good with interpreting the laws.

 

[NavyLCDR]

Navy, whats your take on my question? Usually you are good with interpreting the laws.

There is no law which prohibits you from purchasing a handgun in a private transaction from another New Hampshire resident if you are 18 years old or over. You would not be able to purchase a handgun from an out-of-state resident because then the handgun would have to be transferred through an FFL, which requires you to be 21.

 

[mortablunt]

It's gotta be a private sale, so if you've got some kindly friends or acquaintances of suitable age, then you can buy off of them. However, it's a crime if you tell them what you want and they buy it for you.

 

[Bonesinium]

Federal law prohibits the open or concealed carrying of a handgun by a person under the age of 18, except in limited circumstances. 18 USC 922 (x).

Looks like I am mistaken indeed then.

 

[chuckd1356]

Hey guys,
I want to tune in on this thread.
I'm a Maine resident and I just sent in my Non-res NH CCW app and it was denied stating that "The legal age to possess handguns in the state of NH is 21." I'm 20.

I've spoken with a few people now and they just give me some nonsense about having to be 21 years old in order to purchase a handgun. I repeatedly tell them that federally you have to be 18 to possess a handgun, and that there is no NH law stating how old I have to be in order to have the CCW license. They said "Brady Law" a few times, but I still haven't figured out how that applies to my situation, as I currently own four handguns.

What do I do? I'm at a loss here and I can't get anyone to listen to me over there. I'm currently waiting for a call from a Sgt. in the licensing unit. Is there any definitive answer?

 

[Josh45]

I can speak for FL and for GA. You can legally own a handgun at 18 by buying it thru a private sale.

How ever, You MUST be 21 in order to buy from an FFL. Just figured I toss that in. I hope it helps. Im not to good with interpatation of the law. I try to read it a lot myself.

I found about the 18 legal ownership in FL thru a FL my family has known for many years.

For GA, I am a member at GeorgiaPacking.ORG And had asked the question there. Friendly people.

FWIW, I know I didn't mention much of anything for NH.....Sorry about that. Its just that I kinda noticed that in MOST states, Its legal for an 18 year old to own a handgun thru a private sale, Not an FFL purchase.

 

[Devonai]

It's gotta be a private sale, so if you've got some kindly friends or acquaintances of suitable age, then you can buy off of them. However, it's a crime if you tell them what you want and they buy it for you.

If I recall correctly it's only a straw purchase if the ultimate recipient is prohibited from owning a firearm.

There is also no minimum time limit on how long the first purchaser must wait before again transferring ownership of the firearm. Buy today, sell tomorrow if you want. I bet you'd attract a lot of attention if you did this several times a year, but I don't see a crime here.

Or is the idea that an 18 year old can only purchase a firearm that he or she doesn't really want?

Chuck, if you need to be 21 to carry concealed then NH won't give you a concealed carry permit. There is nothing preventing you from transporting a weapon into/through NH as long as you're not carrying it on your person in a ready condition. Therefore, you don't need the non-resident permit yet.

IANAL, YMMV, etc.

 

[Mxracer239y]

If I recall correctly it's only a straw purchase if the ultimate recipient is prohibited from owning a firearm.

Buying a handgun at a dealer for someone who cannot walk in to that same dealer and purchase that same gun is a straw sale. Somebody under the age of 21 could not walk in and purchase the pistol, therefore it would be a straw sale. Penalties for this are HUGE. Not something to be messed with.

You are 100% legally able to purchase a pistol (private sale) in the state of NH at age 18. Apparently the state police need some clarification on firearms law; I had my NH pistol/revolver license at 20 years old.

 

[Sam1911]

If I recall correctly it's only a straw purchase if the ultimate recipient is prohibited from owning a firearm.

Buying a handgun at a dealer for someone who cannot walk in to that same dealer and purchase that same gun is a straw sale.

Legally, NO. A straw sale is any sale where one person purchases a firearm for (at the direction of, with the money of) someone else. It doesn't matter who that other person is.

If you give your own wife $500 and tell her, "Go down to Jimmy's Guns and buy me a Glock," and you already legally own 20 firearms yourself, and are completely non-prohibited from buying one on your own -- THAT'S A STRAW SALE.

There is a fine line, however, because if you and a buddy walk into a gun shop and he buys you a gun AS A GIFT, and hands it to your right there in the store, that's legal. (However, this gives most dealers the heebie jeebies and you probably want to explain the situation carefully to him. It's going to LOOK like a straw sale.)

Apparently the state police need some clarification on firearms law

Almost always, this is the case. Rarely can you force them to agree, though.

 

[Devonai]

So how long does one have to wait before another sale is considered legal? A week? A month? Why do I get the feeling that this also varies between states (or isn't specified at all)?

 

[Sam1911]

So how long does one have to wait before another sale is considered legal? A week? A month? Why do I get the feeling that this also varies between states (or isn't specified at all)?

There is no wait time required. That's not part of the law, or any kind of specified guideline in how the ATF looks at this. (There are one or two states -- MA is one -- that regulate how many private sales you can make in a year, but not at what intervals.)

You can make a presentation of a gift IN THE GUNSHOP right after paying for the gun if you want. A sale and a gift are legally the same thing, a transfer of ownership.

Again, that might raise eyebrows, and the dealer probably doesn't want you transacting private gun sales on his property, but it wouldn't be illegal.

 

[NavyLCDR]

If I recall correctly it's only a straw purchase if the ultimate recipient is prohibited from owning a firearm.

For more information:
Page 165 of this document (Federal Firearms Regulations Reference Guide published by the ATF):
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.

Also, it is completely legal to give the gift of a firearm to a person who could not purchase or receive that firearm from an FFL. Two examples come to mind. The first is our case of age. I can legally give an 18 to 20 year old a handgun as a gift, even though they could not receive it from an FFL (assuming they are not prohibited for any reason from possession and a same state resident).

The second case, which I have actually done multiple times, is giving a military spouse who does not have an in-state driver's license a handgun as a gift. In Washington state neither military members nor their spouses are required to obtain Washington driver's licenses. I have taken my (then) wife into a gun store where she has picked out a handgun that she likes, put my military ID card and orders on the counter, did the 4473, paid for the gun with a credit card with my name on it, and handed her the gun. Perfectly legal, because she lived with me she was a resident of the same state as I, she just didn't have an in-state driver's license to prove it. It would have become an illegal transaction if she gave me the money to buy the gun with.

Chuck, if you need to be 21 to carry concealed then NH won't give you a concealed carry permit.

There is no New Hampshire statute which establishes a minimum age to carry a firearm. Therefore, they should revert to the Federal age limit of 18 years old established in 18 USC 922 (x).

To the OP,
You will have to hire a New Hampshire lawyer and file an appeal of the permit denial with a New Hampshire court and the court will have to order the permit to be issued.

http://www.gencourt.state.nh.us/rsa/html/XII/159/159-6-c.htm

TITLE XII
PUBLIC SAFETY AND WELFARE
CHAPTER 159
PISTOLS AND REVOLVERS
Section 159:6-c
159:6-c Appeal From Denial, Suspension, or Revocation. – Any person whose application for a license to carry a loaded pistol or revolver has been denied pursuant to RSA 159:6 or whose license to carry a loaded pistol or revolver has been suspended or revoked pursuant to RSA 159:6-b may within 30 days thereafter, petition the district or municipal court in the jurisdiction in which such person resides to determine whether the petitioner is entitled to a license. The court shall conduct a hearing within 14 days after receipt of the petition. During this hearing the burden shall be upon the issuing authority to demonstrate by clear and convincing proof why any denial, suspension, or revocation was justified, failing which the court shall enter an order directing the issuing authority to grant or reinstate the petitioner's license. The court shall issue its decision not later than 14 days after the hearing on whether the petitioner is entitled to a license.

Oops... wrong thread, oh well....

 

[Devonai]

Thanks to Sam and Navy for clarifying the issue. I'm glad I never had to deal with any of that when I was a NH resident.

 

[chuckd1356]

Devoni,
Who said I'm going to be traveling through NH? My business is located in NH and I live about 5 minutes from NH. It's a great inconvenience to carry in Maine and have to unload and pack up before I cross the border at least twice a day.

My issue is that they wrongfully denied me of the permit with no laws to back it up. Furthermore, The age shouldn't be an issue as the laws state nothing about having to own a gun. I could just be getting my permit to have, to ensure my rights aren't infringed upon in the future. After all, it is my right!

 

[NavyLCDR]

Devoni,
Who said I'm going to be traveling through NH? My business is located in NH and I live about 5 minutes from NH. It's a great inconvenience to carry in Maine and have to unload and pack up before I cross the border at least twice a day.

My issue is that they wrongfully denied me of the permit with no laws to back it up. Furthermore, The age shouldn't be an issue as the laws state nothing about having to own a gun. I could just be getting my permit to have, to ensure my rights aren't infringed upon in the future. After all, it is my right!

OK, the second half of my post #16 was in the correct thread, after all! Chuck, you're going to have to file an appeal in a New Hampshire court (in the same jurisdiction as the sheriff who is denying you).

 

[Devonai]

Chuck, if you need to be 21 to carry concealed then NH won't give you a concealed carry permit. There is nothing preventing you from transporting a weapon into/through NH as long as you're not carrying it on your person in a ready condition. Therefore, you don't need the non-resident permit yet.

Chuck, I did say "into" NH. And I was only trying to help you understand the position of the Department of Public Safety. File an appeal.

 

[chuckd1356]

Devonai,
My apologies. I read it quickly on my iPhone.

 

[Devonai]

I'm sorry I didn't make it more clear that I was trying to play Devil's Advocate. I hope they accept your appeal. I have always had good experiences with the NH Department of Public Safety, so I hope you make some progress soon.

 

[Telekinesis]

I'm a Maine resident and I just sent in my Non-res NH CCW app and it was denied stating that "The legal age to possess handguns in the state of NH is 21." I'm 20.

That's strange, I got my NH non-res permit when I was 19... Though, come to think of it, the New Hampshire issuing authority was pretty difficult to deal with (at least compared to Maine).

Definitely fight this if you can. If that was their only basis for denying you, they have no leg to stand on (legally).

 

[Brockak47]

You are also aloud to legally own a handgun at 18 in AZ id you buy it through private party sales and not an FFl right?
and does that mean FTF trade or could you buy it and have it shipped to an FFL to pick up assuming they also live in the same state as you? ive been wondering this quite some time, glad someone made a thread

 

[Telekinesis]

Brockak47:

If you're under 21 you are pretty much limited to FTF sales and gifts. If you ship a gun to an FFL, even if the seller is from the same state, the gun gets entered into the FFL's books and isn't getting out without the NICS background check and all the paperwork that goes with it (and likely a fee for making a free phone call…)

I'm not sure about AZ law. It's very likely that you're right, but I haven't gone through AZ code at all, so in going go refrain from giving a direct yes or no on that.