Fed and State Gun Law Questions

[Bill]

Question
Can a person between 18-20 year old have in their possessions a handgun and shoot a handgun? I know they can’t Own or buy one.

[Irving]

Yes, they can own one.
Yes, they can legally buy one.

[Bill]

Stuart

If you do not know what your talking about then do not post.
Ever one in this world knows US Federal law says you have to be 21 or older to own or legally buy a Handgun.

[GoldFinger]

Here's a great reference from RMGO over this very subject. It should answer your question.

http://www.rmgo.org/images/stories/Gun_1-Pager.wpd.pdf

[SAnd]

Stuart

If you do not know what your talking about then do not post.
Ever one in this world knows US Federal law says you have to be 21 or older to own or legally buy a Handgun.

Cite the federal law or regulation that says you have to be 21 to own or buy a handgun.

[theGinsue]

Yes, they can own one.
Yes, they can legally buy one.

Stuart is right, but his second comment should be accompanied by more info.

THe following statements are accurate, unless some other disqualifying condition exists (felon, convicted of domestic assault, etc.).

18 - 21 can own and possess a handgun
18 - 21 can purchase a handgun from a non-FFL. FFL's are prohibited from selling to anyone under 21.

Now, it is my understanding that there is some sort of restriction on selling handgun ammunition to under 21 as well, but I don't know any details on that to speak intelligently about it.

[SAnd]

ATF P 5300.15 (http://www.co-ar15.com/download/p/atf-p-5300-15.pdf) — Federal Firearms Licensee Quick Reference and Best Practices Guide

Age Restrictions Page 5
As noted above, under Federal law, the minimum age to purchase firearms and ammunition from an FFL is 18. If the firearm is other than a rifle or a shotgun—or ammunition for other than a rifle or a shotgun—the minimum age is 21 [18 U.S.C. 922(b)(1)]. However:

1. You may sell ammunition that is interchangeable between rifles and handguns to a buyer who is at least 18 years of age if you are satisfied that he or she will use the ammunition in a rifle.

2. Regardless of less restrictive State and local age requirements for firearms and ammunition purchases, you must adhere to the above Federal mininum age provisions.

[newracer]

18 can buy a handgun from a private individual or receive one as a gift. They can own and use it just as anyone else. Only restriction is they cannot buy one from an FFL.

[Bailey Guns]

Stuart

If you do not know what your talking about then do not post.
Ever one in this world knows US Federal law says you have to be 21 or older to own or legally buy a Handgun.

Maybe you should practice what you preach.

To repeat what some others have already posted:

The Under 21 restriction is federal law only and applies to purchases made from a licensed dealer.

The State of Colorado allows individuals who are 18 or older to purchase any legal firearm from an unlicensed individual.

Stuart was right and does know what he's talking about though a little more info might have helped.

[coop68]

i have asked this question before and researched it, i was in the same boat until about a month ago when i turned 21 now doesn't matter.

what i did was just print out the federal and local State laws. i had one copy in my range back/ car just in case i got stopped by an officer not aware of the laws or if i ever got into a snag so i could plead my case. never needed them, but what i did just in case.

what people have posted above is true you can possess and purchase a Handgun between the ages of 18-20 from a Private sale that is if the person is willing too. FFLs have to sell to a person who is 21 and older including ammo for handguns and so on what other people have stated and so i just started reloading around 18 since well you can buy the components at 18. that is what i did at the time.

coop

[Irving]

Bill,

I'm not a lawyer, but I'm pretty sure there is no minimum age limit for you kissing my ass; or using Google. If you think you already know the answer to a question, why bother asking?

[newracer]

Actually do be even more specific even juveniles can have a handgun in their possession and even shoot it in certain circumstances.


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.

[SAnd]

Actually do be even more specific even juveniles can have a handgun in their possession and even shoot it in certain circumstances.

What law are you citing? Is it Colorado state?

[spyder]

Bill,

I'm not a lawyer, but I'm pretty sure there is no minimum age limit for you kissing my ass; or using Google. If you think you already know the answer to a question, why bother asking?

This made me smile Stuart. [ROFL1]

[Bill]

I contacted ATF before posting and they could not answer my Question, they said they would have to call me back.( that was 5 weeks ago).
The ATF guy said that a person under the age of 21 could not buy or be sold a handgun. Why would they lie about that?
next time I call them I'll have to get his or her name and ext number.


Thank you for all the info you people have posted

[sniper7]

Stuart

If you do not know what your talking about then do not post.
Ever one in this world knows US Federal law says you have to be 21 or older to own or legally buy a Handgun.


[ROFL1]

careful Bill, you are the one asking the question and you are very very wrong in saying Stuart doesn't know.

but don't worry, most FFL dealers don't know either because they deal with the federal law and most do not know the state law for face to face transactions.

legally a 18 year old can purchase a handgun Face to Face from another resident of this state as long as both are residents.
That 18 year old can legally own at shoot that handgun.

from a dealer, that 18 year old is not allowed to purchase a handgun because it is federal law that says the buyer must be 21.

you might also be surprised to know when buying face to face from another resident that no paperwork is necessary.

I did get a mug for you:

http://www.berryroad.com/pastorsdesk/wp-content/uploads/open-mouth-insert-foot.jpg

[sniper7]

I contacted ATF before posting and they could not answer my Question, they said they would have to call me back.( that was 5 weeks ago).
The ATF guy said that a person under the age of 21 could not buy or be sold a handgun. Why would they lie about that?
next time I call them I'll have to get his or her name and ext number.


Thank you for all the info you people have posted


because the ATF is federal. they do not know and are not required to know all the different state laws. He was telling you the info that was applicable to him. if you talked to a local ATF agent that works in Colorado I would expect they might know more state laws, but I would also not expect them to understand all the laws.

[Bill]

I talked to a local ATF in Colorado.




Stuart
Sorry about snapping at you
I took the ATF's word as fact
now I know better

[Irving]

Apology accepted.

If you have further, more specific questions, go ahead and ask them.

Know now that even though it is legal to purchase a hand gun from a private party at 18, good luck finding a person who will actually sell one to you. Most people aren't aware that it is legal, and many who are aware, still aren't comfortable selling a hand gun to an 18 year-old. I personally wouldn't sell a hand gun to someone under 21 unless I knew them very well.

[newracer]

What law are you citing? Is it Colorado state?

Yes that is the Colorado Statute pertaining juveniles and handguns.

[SAnd]

Yes that is the Colorado Statute pertaining juveniles and handguns.

Thank you.

[newracer]

FYI

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

[Byte Stryke]

Funny thing about the Internet, you never really know if you are talking to a crook, a short order cook, a BATFE Agent or maybe even a Federal Judge!
But Yeah, I'm Sure if you went and paid a lawyer several hundred dollars, waited weeks for the researchers, He would tell you the same thing.
The technicality of it is, you must be 21 from a Licensed Dealer.

you can give your 18 year old a handgun as a gift
you may buy one in a private party sale at 18 years of age (at sellers discretion)
You may also allow your minor child to be in legal possession of a handgun while under your direct supervision as provided by the law (which gets a bit stickier)


[Pop]

[Bailey Guns]

Stuart
Sorry about snapping at you
I took the ATF's word as fact
now I know better

Very nice.

[SAnd]

I wish you could trust the government to give you accurate information on regulations and laws. You can have advice in writing and still get in trouble for following that advice. It sure makes it difficult comply with all the laws and regulations out there. It sure argues that Ayn Rand was right when she said, " There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."

I also remember something about judging the maturity level of a society by the size if its law books.

OK. Mini rant off.