Well my mom and dad knows how much I want a pistol so they said if they could legally buy one for me they would. Im in North Dakota and I've been told by a few LEO's that an individual 18 or older can possess a handgun. I have a GP100 given to me by my Grandpa(who was an LEO for over 30 years). So is it legal for them to get me one for a birthday/christmas present? Or am I stuck waiting until I turn 21?
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Is there a legal way?
- Thread starter nathaniel
- Start date
Kreyzhorse
New member
In short; assuming you are legally allowed to own a firearm, it is legal for them to gift a firearm for you.
It is not legal for you to give them money so that they can buy it for you.
It is not legal for you to give them money so that they can buy it for you.
Rifleman1776
New member
North Dakota may have it's own laws on this. But, you can have a firearm if it was given to you as a gift.
Many LEO's make statements on the safe side. e.g. "You can't do...whatever." without really knowing the facts. I consider LEOs as the poorest source of information possible.
Many LEO's make statements on the safe side. e.g. "You can't do...whatever." without really knowing the facts. I consider LEOs as the poorest source of information possible.
Actually, unless state law prohibits it, it is legal for a person 18-years old to purchase a handgun through a private sale. Federal law prohibits a FFL from selling to a person less than 21-years old.Rifleman1776 said:But, you can have a firearm if it was given to you as a gift.
I'm not sure possessing it is legal, even though owning it might be. I would not stop checking this question just on what you have so far.
The problem I anticipate isn't that you might actually be violating the law, but that people who notice you at the range with it and alone, might react and start something bad, whether it's legal or not.
We who carry have either had or heard of incidents where the police do not know the law and situations can get out of hand.
The problem I anticipate isn't that you might actually be violating the law, but that people who notice you at the range with it and alone, might react and start something bad, whether it's legal or not.
We who carry have either had or heard of incidents where the police do not know the law and situations can get out of hand.
Aguila Blanca
Staff
When in doubt about the legality of something, it's usually a good idea to start by reading the law.
http://www.legis.nd.gov/cencode/T621C02.pdf
As someone else noted, however, "give" means "give." It doesn't mean you provide the money and they make the purchase with your money.
http://www.legis.nd.gov/cencode/T621C02.pdf
Seems pretty clear to me. Parts a through c preceding this are the usual prohibited persons: felons, and those involuntarily committed to mental institutions, etc. So, unless you are otherwise a "prohibited person," you may LEGALLY possess a handgun, and that means your parents can give you a handgun.62.1-02-01. Persons who are not to possess firearms - Penalty.
...
d. A person under the age of eighteen years may not possess a handgun except that such a person, while under the direct supervision of an adult, may possess a handgun for the purposes of firearm safety training, target shooting, or hunting.
As someone else noted, however, "give" means "give." It doesn't mean you provide the money and they make the purchase with your money.
This is my pet peeve.
We can arm our 18 year old kids with muliti million dollar weapon systems, send them to fight and die for our country, yet, when they come home they can't legally buy a pistol/revolver.
I urge each and every one of you to contact your respective Congressman/Senator and demand their rights be restored.
We can arm our 18 year old kids with muliti million dollar weapon systems, send them to fight and die for our country, yet, when they come home they can't legally buy a pistol/revolver.
I urge each and every one of you to contact your respective Congressman/Senator and demand their rights be restored.
Kraigwy said:This is my pet peeve.
We can arm our 18 year old kids with muliti million dollar weapon systems, send them to fight and die for our country, yet, when they come home they can't legally buy a pistol/revolver.
I urge each and every one of you to contact your respective Congressman/Senator and demand their rights be restored.
QTF!!!
If you're state allows you to buy/own a hand gun at 18, and you're good.
Bluehighways
New member
Purchasing a gun for someone else is called a "straw purchase" and is generally illegal - that is, YOU cannot give money to your parents, and have THEM use that money to buy YOU a gun. They must buy the gun and give it to you as a gift. Of course, you can be right there for the purchase, and you should be.
Check your state laws. You could also ask a gun shop owner. If they are 'on the level' they will know your state gun laws.
In short - in the USA you must be 18 to possess (meaning to own or carry) a handgun.
You must however be 21 to purchase a handgun. Your parents can buy you a handgun and give it to you as a gift, and it is yours to keep, as long as you are at least 18 years old, not a felon, not crazy, and not a domestic abuser.
Why not ask your parents to accompany you to a local gun shop? Talk to the shop owner and try out a few handguns. Shop owners want to make legal sales happen, and if you're 18 and not in trouble, you should be good to go. Hope that helps, good luck!
Check your state laws. You could also ask a gun shop owner. If they are 'on the level' they will know your state gun laws.
In short - in the USA you must be 18 to possess (meaning to own or carry) a handgun.
You must however be 21 to purchase a handgun. Your parents can buy you a handgun and give it to you as a gift, and it is yours to keep, as long as you are at least 18 years old, not a felon, not crazy, and not a domestic abuser.
Why not ask your parents to accompany you to a local gun shop? Talk to the shop owner and try out a few handguns. Shop owners want to make legal sales happen, and if you're 18 and not in trouble, you should be good to go. Hope that helps, good luck!
Last edited:
Aguila Blanca
Staff
Did you read the original question? The OP stated in his opening post that he was asking if his parents can GIVE him a handgun as a Christmas or birthday present.
And I quoted the pertinent portion of state law a few posts below that. He doesn't need to look it up.
And I quoted the pertinent portion of state law a few posts below that. He doesn't need to look it up.
This is incorrect on a federal level. Federal law allows the purchase of a handgun by a 18-year old in a private party sale but prohibits such a sale by a FFL. Many states mirror federal law and also allow a private party purchase of a handgun by a 18-year old. Some states, however, prohibit such a transfer.Bluehighways said:You must however be 21 to purchase a handgun.
Aguila Blanca
Staff
And in the same law to which I posted a link:
And Section 62.1-02-01-1.d prohibits possession of a handgun by anyone under the age of 18. Thus, the law in the state under discussion clearly allows an 18-year old to purchase a handgun. It is Federal law that provides he/she cannot do so through a licensed FFL.
62.1-02-02. Sale of handgun regulated - Penalty. No person may transfer a handgun to any person who the transferor knows or has reasonable cause to believe is a person prohibited by section 62.1-02-01 from possessing a firearm. Any person who violates this section is guilty of a class A misdemeanor.
And Section 62.1-02-01-1.d prohibits possession of a handgun by anyone under the age of 18. Thus, the law in the state under discussion clearly allows an 18-year old to purchase a handgun. It is Federal law that provides he/she cannot do so through a licensed FFL.
thrgunsmith
New member
"if cops knew the law we would call the lawyers and pay them a lot more"
A fave quote from an old cop friend of mine.
This is my pet peeve.
We can arm our 18 year old kids with muliti million dollar weapon systems, send them to fight and die for our country, yet, when they come home they can't legally buy a pistol/revolver.
Yep, you can have a smoke but not drink either. "Whiskey for my men, beer for our tank!"
I read the original post and it asked about a hand gun.
Sounds like the parents can give you a handgun.
YOU will not be able to buy ammo for the gun until you are 21-Fed law. That is why WalMart et al ask the question-is this for a handgun/rifle. If you buy ammo for a 22LR and state that it is for a rifle and actually intend to use in handgun, and someone proves itr--bingo, they got you.
Sounds like the parents can give you a handgun.
YOU will not be able to buy ammo for the gun until you are 21-Fed law. That is why WalMart et al ask the question-is this for a handgun/rifle. If you buy ammo for a 22LR and state that it is for a rifle and actually intend to use in handgun, and someone proves itr--bingo, they got you.