Handgun Age

[rockyhockey16]

I know you have to be 21 to buy a handgun from a dealer ,but can't you buy a handgun at age 18 through private transfer?

[Irving]

Yes. As far as I know.

There are still a bunch of stupid places that won't let you shoot your hand gun at their range, or buy ammo, unless your parents are there with you.

[jackmode9316]

If your old enough to die for your country at age 18, then why the hell can't you have a handgun or purchase alcohol until you are 21. B/S if you ask me.

[pickenup]

NOT to say this is all inclusive......


Federal law...


(F6) Does a customer have to be a certain age to buy firearms or ammunition from a licensee?

Yes. Under the GCA, long guns and long gun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some State and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If State law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement.

State law...


18-12-108.5. Possession of handguns by juveniles - prohibited - exceptions - penalty.

(1) (a) Except as provided in this section, it is unlawful for any person who has not attained the age of eighteen years knowingly to have any handgun in such person's possession.

Can anyone find a Colorado law that prohibits a FTF private party transaction, for a handgun, with a person between 18 and 21?

[Irving]

Probably not, since it doesn't exist.

[theGinsue]

So, I purchased a handgun in Feb with the intent of giving it to my 20yo daughter. Is she legally able to own/possess this gun right now in CO?

[Colorado Osprey]

You can possess a hundgun at 18, just can't buy one new. You also can't buy ammo in most places for handguns until you are 21.

Here is the criminal code:
http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

18-12-108.7. Unlawfully providing or permitting a juvenile to possess a handgun - penalty - unlawfully providing a firearm other than a handgun to a juvenile - penalty.

(1) (a) Any person who intentionally, knowingly, or recklessly provides a handgun with or without remuneration to any person under the age of eighteen years in violation of section 18-12-108.5 or any person who knows of such juvenile's conduct which violates section 18-12-108.5 and fails to make reasonable efforts to prevent such violation commits the crime of unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun.

(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (1) is a class 4 felony.

(2) (a) Any person who intentionally, knowingly, or recklessly provides a handgun to a juvenile or permits a juvenile to possess a handgun, even though such person is aware of a substantial risk that such juvenile will use a handgun to commit a felony offense, or who, being aware of such substantial risk, fails to make reasonable efforts to prevent the commission of the offense, commits the crime of unlawfully providing or permitting a juvenile to possess a handgun. A person shall be deemed to have violated this paragraph (a) if such person provides a handgun to or permits the possession of a handgun by any juvenile who has been convicted of a crime of violence, as defined in section 18-1.3-406, or any juvenile who has been adjudicated a juvenile delinquent for an offense which would constitute a crime of violence, as defined in section 18-1.3-406, if such juvenile were an adult.

(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (2) is a class 4 felony.

(3) With regard to firearms other than handguns, no person shall sell, rent, or transfer ownership or allow unsupervised possession of a firearm with or without remuneration to any juvenile without the consent of the juvenile's parent or legal guardian. Unlawfully providing a firearm other than a handgun to a juvenile in violation of this subsection (3) is a class 1 misdemeanor.

(4) It shall not be an offense under this section if a person believes that a juvenile will physically harm the person if the person attempts to disarm the juvenile or prevent the juvenile from committing a violation of section 18-12-108.5.


Source: L. 93, 1st Ex. Sess.: Entire section added, p. 3, § 2, effective September 13. L. 2000: Entire section amended, p. 642, § 1, effective July 1; (3) added, p. 641, § 1, effective July 1. L. 2002: (2)(a) amended, p. 1518, § 209, effective October 1.

Editor's note: Amendments to this section by House Bill 00-1247 and House Bill 00-1243 were harmonized by renumbering (3) from House Bill 00-1247 as (4).

Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(a), see section 1 of chapter 318, Session Laws of Colorado 2002.




18-12-108.5. Possession of handguns by juveniles - prohibited - exceptions - penalty.

(1) (a) Except as provided in this section, it is unlawful for any person who has not attained the age of eighteen years knowingly to have any handgun in such person's possession.

(b) Any person possessing any handgun in violation of paragraph (a) of this subsection (1) commits the offense of illegal possession of a handgun by a juvenile.

(c) (I) Illegal possession of a handgun by a juvenile is a class 2 misdemeanor.

(II) For any second or subsequent offense, illegal possession of a handgun by a juvenile is a class 5 felony.

(d) Any person under the age of eighteen years who is taken into custody by a law enforcement officer for an offense pursuant to this section shall be taken into temporary custody in the manner described in section 19-2-508, C.R.S.

(2) This section shall not apply to:

(a) Any person under the age of eighteen years who is:

(I) In attendance at a hunter's safety course or a firearms safety course; or

(II) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; or

(III) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 501 (c) (3) as determined by the federal internal revenue service which uses firearms as a part of such performance; or

(IV) Hunting or trapping pursuant to a valid license issued to such person pursuant to article 4 of title 33, C.R.S.; or

(V) Traveling with any handgun in such person's possession being unloaded to or from any activity described in subparagraph (I), (II), (III), or (IV) of this paragraph (a);

(b) Any person under the age of eighteen years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a handgun;

(c) Any person under the age of eighteen years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun for the purpose of exercising the rights contained in section 18-1-704 or section 18-1-704.5.

(3) For the purposes of subsection (2) of this section, a handgun is "loaded" if:

(a) There is a cartridge in the chamber of the handgun; or

(b) There is a cartridge in the cylinder of the handgun, if the handgun is a revolver; or

(c) The handgun, and the ammunition for such handgun, is carried on the person of a person under the age of eighteen years or is in such close proximity to such person that such person could readily gain access to the handgun and the ammunition and load the handgun.

(4) Repealed.

Source: L. 93, 1st Ex. Sess.: Entire section added, p. 2, § 2, effective September 13. L. 96: (1)(d) amended, p. 1693, § 28, effective January 1, 1997. L. 98: (4) repealed, p. 729, § 15, effective May 18.



ANNOTATION
Possession of a handgun by a juvenile is a "status" offense, an offense consisting of conduct that would not constitute an offense if engaged in by an adult. People v. Juvenile Court, 893 P.2d 81 (Colo. 1995).

This section and the presumption statute (§ 19-2-204) were adopted to secure the safety of juveniles and the communities in which they reside. The Children's Code has consistently evidenced a legislative intent to accomplish both such purposes. People v. Juvenile Court, 893 P.2d 81 (Colo. 1995).

The parental permission language in subsection (2)(b) is an affirmative defense to the offense of unlawful possession of a handgun by a juvenile. People ex rel. L.M., 17 P.3d 829 (Colo. App. 2000).

[DOC]

Even though its legal (in some cases) for someone under 21 to buy a handgun. You can buy a rifle. So buy a rifle and borrow a handgun and practice both and you will be old enough before you know it.