Can I own a Hand Gun?

Pvt. Joker

New member
Hey guys,
I am pretty new to the TFL. I have a few legal questions. I am 18 years old. I know I cannot buy a handgun, but can I own one? Or possess one? (ie Shooting at the range) without going to Jail? Can someone else buy it, and transfer it to me when I am 21? Whats the deal? Thanks guys!

-Jared
 
This is from, <WISCONSIN>

POSSESSION

No state permit is required to possess a rifle, shotgun, or handgun. lt is unlawful for a minor (a person under 18) to go armed with a handgun or for any person to sell, lend, or give a handgun to a minor. This does not apply to target shooting when the minor is under the supervision of an adult. It is unlawful for any person under 16, unless accompanied by a parent or guardian, to have in his possession or control any firearm. Persons between the ages of 14 and 16 who have a firearms safety certificate are exempt and may possess a firearm while alone. Those with a safety certificate who are between 12 and 14 may possess while accompanied by a parent or guardian.

It is unlawful for a person convicted of a felony or found not guilty of a felony by reason of mental illness to possess a firearm, committed to a mental institution and ordered not to possess a firearm, adjudicated delinquent on or after April 21, 1994, for an act that if committed by an adult would be a felony.

It is unlawful in, on, or within 1,000 feet from the grounds of a school (school zone) to possess a firearm. Exempt are private property not part of school grounds, school security guards, law enforcement officers, use in a program approved by the school, unloaded and in a locked container or in a locked firearm rack that is on a motor vehicle, and unloaded and possessed while traversing school ground for the purpose of gaining access to lands open to hunting if the entry on school grounds is authorized by school authorities.



PURCHASE



A firearm dealer transferring possession of a handgun must: have the transferee present identification, complete a notification form, and pay a $8.00 fee; the information from the form is conveyed to the Wisconsin Department of Justice for a criminal history record check and involuntary commitment record search using a toll free telephone number; 48 hours must have elapsed from the time that the dealer has received a confirmation number regarding the criminal history record search and the dealer has not been notified that the transfer will be in violation of law. The dealer shall maintain original records of completed notification forms and a record of all confirmation numbers and approval or nonapproval numbers received regarding criminal history record searches. The dealer shall mail a copy of each completed notification form to the Department of Justice. The department shall destroy all approved records regarding the criminal history record search and involuntary commitment record search within 30 days after receiving the duplicate form. Within 3 years after the department issues a unique approval number, it shall destroy all corresponding information contained in the log.

These provisions do not apply to antique handguns, transfers between wholesale or retail dealers, or to law enforcement or armed service agencies.

Every dealer or manufacturer of articles composed, in whole or in part, of precious metal or stones, copper, lead, or brass, who obtains by purchase or exchange, any second-hand firearms, must within twenty-four hours after receiving it report to the chief of police or the county sheriff the fact that the firearm has been received and a description of the firearm and identifying information on the person from whom received.

Any person denied the right to purchase a handgun because the firearms dealer received a nonapproval number may request a criminal history and involuntary commitment record search review under department of justice rules. If the person disagrees with the result of that review, the person may file an appeal under rules promulgated by the department.



CARRYING



It is unlawful for any person except a peace officer to go armed with a "concealed and dangerous weapon."1 There is no statutory provision for obtaining a license or permit to carry a concealed weapon.

It is unlawful to possess, place, or transport in or on any aircraft, vehicle, or any motor-driven boat while the motor is running, any firearm unless such firearm is unloaded and cased, and it is also unlawful to load or fire any firearm from such aircraft or vehicle.2



It is unlawful to go armed with a firearm in any building owned or leased by the state or any political subdivision of the state.

Some game wardens view the carrying of a firearm in the woods without a hunting license as hunting without a license.



ANTIQUES & REPLICAS



Handguns manufactured in or before 1898, or replicas of such handguns which do not use fixed ammunition or which use fixed ammunition no longer manufactured in the United States and not available in the ordinary channels of commerce, are considered antiques. 1 Jury instructions in Wisconsin state that to go armed one must have a firearm on ones person or within his immediate control and available for use. 2 Except for a duly licensed disabled hunter.

MACHINE GUNS



The definition of a machine gun "includes a weapon of any description by whatever name known which was manufactured to discharge more than two shots or bullets by a single function of the firing device."

Any person duly authorized by the chief of police of any city or the sheriff of any county may sell, possess, use, or transport a machine gun. State law "shall not prohibit or interfere with . . . the possession of a machine gun other than one adapted to use pistol cartridges, for a purpose manifestly not aggressive or offensive."



MISCELLANEOUS



Firearms kept for personal use are specifically exempt from personal property taxation. One gun is also exempt from execution of a judgement. Municipalities by statute may regulate the use and careless use of firearms.

It is unlawful to discharge any firearm "within 40 rods (640 feet) of any public park, square or enclosure owned or controlled by any municipality . . . and resorted to for recreation or pleasure, when such park, square or enclosure is wholly situated without the limits of such municipality."

It is unlawful to operate or go armed with a firearm while under the influence of an intoxicant.3 It is unlawful to go armed with a handgun on any premises for which alcohol beverages are sold and consumed.

It is unlawful to set a spring gun.

It is unlawful to discharge a firearm while on the lands of another within 100 yards of any building devoted to human occupancy without the express permission of the owner or occupant. "Building" does not include any tent, bus, truck, vehicle or similar portable unit.

It is unlawful to shoot from or across a highway or within 50 feet of the center of a roadway.

It is unlawful to discharge a firearm in a school zone. Exempt is private property not part of school grounds, a school approved shooting program, law enforcement officers, and school security guards.

It is unlawful to recklessly store or leave a loaded firearm within the reach or easy access of a person under 14 who obtains the firearm without lawful permission and possesses or exhibits the firearm in a public place or discharges the firearm so as to cause bodily harm or death to self or another. In a commercial transfer the buyer or receiver of a firearm shall be provided with a written warning: "IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM."

No political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute. An existing ordinance or resolution requiring a 7-day waiting period for the purchase of a handgun may be enforced until November 30, 1998.
 
So, Whats the verdict?

Hey guys,
I read all this. I see nothing about 21. I thought that was a federal law? It looks like I *can* own one. Is it possible for me to buy one? Thanks for all the help so far!

-Jared
 
I would say yes you can, if you buy it privately. Federal law says you absolutely cannot buy one from a dealer until you’re 21. I live in MI and had five handguns before I was 20, because I bought the privately.
 
pvt joker It goes something like this. Enlist in the armed forces, become an SP they will give you a handgun & a rifle maybe even send you off to a foriegn country to shoot people you don't even know. But be an american taxpaying, lawabiding citizen under the age of 21. NOPE you can't have one. Me personally I would go and buy a legal (not hot)handgun from an individual. If you just have to have one but want to stay legal get a contender/encore rifle buy another bbl of your choice and get the pistol grip.
 
Confused, to put it lightly!

Now I am confused,
RR, I was under the impression, I MAY own one, Just not purchase one from a dealer untill my 21st B-day. Is this correct? May I purchase from a private person? Thanks.

Confused,
-Jared
 
As far as I understand it, it goes like this.

Under 18: Cannot own a firearm without parental consent.
Under 21: Cannot purchase a firearm from a FFL-holding dealer.

How does parental consent when purchasing firearm factor into those two categories? Can people under 18 purchase and own a firearm from an FFL-holding dealer with parental consent? What about people under 21?
 
You say firearm?

I am talking handguns Dink. I know I can purchase any long gun I want, from a dealer. I am curious about handguns. Thanks

-Jared
 
Dink, I mean Ding, :D

Thats what I figured, sorry if my reply was a little flamey, Just taking out some anger about the issue on the wrong person. Sorry about that, Thanks though!

-Jared
 
I already asked and answered this question a few weeks ago.. unfortunately, the Search function doesn't work yet, so you can't find it.


Here's the sum of it:
Dear Abraham:

Thank you for writing to Attorney General Jim Doyle with your
questions about gun ownership. The Attorney General welcomes the
opportunity to respond to your inquiry.

The short answer to your question is yes -- a 19-year-old can
legally recieve a firearm as a gift. A person under age 21 cannot purchase a
firearm from an FFL dealer, and that is based on federal law, not the law of
the State of Wisconsin. Federal law, however, does not address simple
possession or ownership not implicating a sale by an FFL dealer. In
Wisconsin, state law prohibits persons under the age of 18 from possessing
any dangerous weapon including a firearm, and does not distinguish between
handguns and long guns in this regard.

Again, thank you for writing to Attorney General Doyle.

Sincerely,
Richard West
Policy Analyst



This was in response to my Original Question:

I have a question regarding firearm laws in wisconsin:

Can a 19-year-old legally recieve a handgun as a gift?

I am aware that, in WI, one must be 21 to purchase a handgun from
an FFL dealer, but one can legally possess a handgun at 18. So,
I guess my question boils down to this: does "possess" mean "own"?

Can an 19 year old own a handgun, as long as it was not bought from FFL
(i.e., it was gifted by a family member)

thanks for your help,
Abe Smith
 
Back
Top