Let's set the record straight on the age required for handgun purchase

[ZeroX]

I've heard that federal law requires you to be 21 to buy a handgun. But a lot of states don't seem to have their own law saying that. Does the state law trump the federal law?

In short, let's say a 20 year old walks into an Indiana gun shop and attempts to buy a handgun. Can he, after going through the usual procedure and red tape?

 

[trueblue1776]

21 to buy from a FFL (Fed. Law), your state may allow private sales to an 18y.o. (most do)

 

[ZeroX]

What qualifies as a "private sale"? Just a person to person transaction?

 

[Autolycus]

Pretty much. I believe in IN your allowed to carry and own at 18.

 

[trueblue1776]

correct

 

[Geno]

Michigan = 21 from FFL & 18 from a parent. When my 13-year-old turns 18, she gets all of my firearms that she wants...pistols and longguns.

 

[Ohio Rifleman]

What about Ohio?

 

[jefnvk]

What qualifies as a "private sale"?

Something you dont fill out a 4473 for. Ownership age is set by the state, transfer from a FFL holder is set at 21 by the feds.

 

[DMF]

You must be at least 21 to purchase a handgun from a FFL. You must be 18 to possess a handgun, with certain exceptions.

Does the state law trump the federal law?

Absolutely not, it's just the opposite. See the Supremacy Clause of the Constitution (Article VI) if you are confused on that concept.

http://www.atf.gov/firearms/faq/faq2.htm#f6

http://www.atf.gov/firearms/faq/faq2.htm#b14

 

[Spider Pig]

um, of course federal law trumps state law. an absence of a state law to reinforce federal law just means that the state feels like the fed law is good enough. be a good boy and wait like everybody else or go private. i know a lot of private sellers on this site would sell to 18 and up although i know some 18andups here who really shouldnt own handguns...

 

[Mannix]

I know plenty of 30+ year olds who really shouldn't own ANY firearms, heck I know some I wouldn't trust with a BB gun.

As others have stated, most states allow possession of handguns at 18, and you have to be 21 to buy/transfer a handgun through an FFL.

Your state goes a step further and issues CC permits to anyone 18+ on a shall issue basis...

I'm jealous (stupid 21+... grumble grumble).

 

[Quiet]

21 to buy, 18 to own.

 

[fletcher]

I've heard that federal law requires you to be 21 to buy a handgun. But a lot of states don't seem to have their own law saying that. Does the state law trump the federal law?

Federal law is 21 to purchase from a store, IIRC. State laws may vary.

In NC, for example, there are a couple technicalities from which the laws obtaining a firearm under 21 can be derived. First, a pistol purchase permit is required to obtain a handgun. However, you must be 21 to apply to get a pistol purchase permit. So, although it's not written into the law specifically that you have to be 21 to buy a gun, you have to be 21 to obtain the permit necessary to buy a handgun.

But, according to the view of the Wake County Sheriff's Office, you can "borrow" a handgun if you're 18. This would allow one to open carry, take it to the range, etc. They only require the permit to purchase if the transfer is permanent. If it's on loan for a week, month, year, whatever, a permit is not technically needed.

 

[realtor]

18 U.S.C 922(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—

Bottom line, 21 to purchase from an FFL. 18 is considered the age of maturity BUT, your state may set a more restrictive threshold if they so choose (such as 21). Missouri was 21 until August 28, 2007 when certain provisions of MO weapons law were amended or rescinded specifically RSMo 571.090 which stated an age of 21 and required anyone purchasing a hand gun to get a Permit To Acquire (PTA) each and every time they made a purchase. Now we simply follow federal law.

 

[Duck and Cover]

Does anyone know if private handgun sales are legal in PA? I'm 18, and I have handguns that are "mine", but my Dad filed the 4473's. Am I able to take them to the range to shoot by myself? My high school math teacher who was on the cover of Women and Guns told me it is illegal for me to possess a handgun in PA. (I guess that's some kind of reference, lol... it sure kept the kids in class in line though)