Minor (over 18) handgun ownership

T

tostado22

New member
Heres a question I cant find a clear answer too. I know the laws state that an FFL holder cannot transfer a handgun to anyone under 21, but I have also heard that individuals, or maybe just family members, can transfer (or gift) them to minors as long as they are over 18. Im about to turn 20 and have a Kimber back home, tho its not under my name. Is there a way I can legally own this handgun? I would hope since the government in its infinite wisdom will send me over here to see combat, yet I cant own the otherwise legal firearms that they issue me :mad:. Im searching now but can't find a clear answer.

I guess all Im asking is, can my father write up something, say a bill of sale, and transfer it to me? If so, how would that hold up to LEOs if I go to the range with this and Im stopped or something? Im not trying to find a way around the laws, just trying to make sure we go about this the right way so no one gets in any trouble.
 
Also, if it matters, I live in Arkansas. The more I look tho, I think this is a federal issue. Theres no mention of it in any Arkansas law I have found
 
You'll get a litany of opinions, answers and suggestions here. I'm going to suggest you save yourself some time and just call ATF.
 
Check local laws. I'm 20. Received my Glock 23 as a gift from my father. And have my CCW.....

Legal ownership is very wordy in the law. Technically my father owns It as that's what Glock records say. When I'm 21 I can transfer it to my name though.

But in DE there is no registration to buy a pistol. So it's not registered to anyone technically. Kind of confusing. I possess and CCW with it, but my father was the purchaser so in glocks eyes he is the owner, yet it's not registered to anyone...

.....yet I can't buy my own ammo until 21.
 
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That was my next step when I get time and a chance to call home

Thlax: Do you know if that was a state law that allows that? I can also claim TX as I'm stationed there and Texas allows CCW permits at 18 to active military
 
As for bill of sale and such. Since in DE there is no registration, there's nothing TO write. By law I don't need to have any of that. But because I like to be careful for an ilknowledged LEO if there's a problem I have a card that my father and I signed that sayings to whom it may concern my son as my permission to legally carry and posses any or all of my firearms.

Once again this is not required but I do it as a just in case. We printed it the size of a business card and laminated it and I keep it my money clip.

You are correct about the no FFL to under 21. That's a federal law. If your father drives it out to you or you drive it back and it's legal in your state to posses you should be fine! I go to the range once a weekend :)
 
This same question was just discussed (for a different state) in the Legal area: http://thefiringline.com/forums/showthread.php?t=443984

Federal law allows any non-prohibited person over 18 (but under 21) to possess firearms, including handguns. Federal law also allows the same 18+ year olds to purchase firearms, including handguns, in private sales if they are not prohibited by STATE law. The Federal law only prohibits FFLs from selling to people under 21.

Unless Arkansas law doesn't allow 18-year olds to possess firearms, your parents can GIVE you a firearm. That means they have to buy it, with their money, and present it to you as a gift. If you provide the money, your father buys the gun and signs the 4473 saying he is the actual purchaser, both you and your father will have made a straw purchase and violated Federal law.

tostado22 said:
Also, if it matters, I live in Arkansas. The more I look tho, I think this is a federal issue. Theres no mention of it in any Arkansas law I have found
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The state does matter, and it is NOT a Federal issue. The answers lie in your state laws.
 
Ok, thank you for the clarification. I havent been able to find anything under AR law prohibiting someone from owning a handgun aged 18-20 so I think it will be fine but I will make some calls and find out for sure.
 
CAVEAT: The internet is not the best place to seek legal advice. If you're really worried about it, go pay a lawyer for an hour of his or her time and get a thoroughly researched opinion. I am a lawyer, but I am not your lawyer. Free advice is worth what you pay for it.

With that said:
You always have to deal with state and federal law when it comes to firearms. Fortunately for you, Arkansas is fairly lenient when it comes to ownership of firearms. As you know, you cannot purchase a handgun from an FFL until you trn 21, but Arkansas law allows anyone over the age of 18, who is not otherwise prohibited, to own a handgun. (Prohibited persons include the mentally ill, felons, persons subject to a protective order, etc.) Arkansas law also allows private sales to those non-prohibited persons who are 18 years of age or older. Your father does not need to write up anything. He can simply give you the gun. If you want to write up a bill of sale for your own peace of mind, there's nothing stopping you, but it's not required, either. AFAIK, Arkansas does not have any place that you could register the gun in your name, anyway.
 
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You live in Arkansas but you say the gun is back home. Where is back home? Is back home another state? Are you a college student or in the military? My concern would be if you are in one state and the handgun is with family in another state the transfer would have to go through an FFL in your state and you would need to be 21 for that. If back home is Arkansas but a different city then Arkansas law would prevail for under 21 ownership.
 
UT OH: A pet peeve of mine.

The Federal law only prohibits FFLs from selling to people under 21.
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Yeap, we can send kids to war with a multi million dollar weapons system to fight and die for us, but when they come home they can't buy a gun from a licensed dealer.

Federal law only prohibits FFLs from selling to people under 21.

That is a disgrace. We alll need to write our congresman/senators and demand that the rights be restored to the same young men and women we send to war.
 
First off, I appreciate the responses guys.

357,
I live in AR but I am deployed right now and stationed at Ft Hood for the time being.

Kraig,
I agree completely. I'm 19, E-4, and the military trusts me with the lives of the guys under me, everything in the turret of a M3 Bradley and the turret of a HMMWV... But I can't go buy a handgun to go have some fun at the range.

Spats,
Thanks for the clarification. I will talk with local and state LE and possibly the BATF before I do anything, as you said, for my peace of mind. The way you put it was the way I understood the law as I read it. But I'm a firm believer that the absence of evidence is not the evidence of absence. That said, I wanted to make sure I wasnt missing something.
 
Check with your JAG officers, as well. You may need to look and see what your legal "residence" or "domicile" is, as well. I think that there are some special provisions for those when it comes to military personnel.
 
Spats McGee said:
Check with your JAG officers, as well. You may need to look and see what your legal "residence" or "domicile" is, as well. I think that there are some special provisions for those when it comes to military personnel.
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That's it in a nutshell. The determining factor will be whether or not Arkansas is considered your legal place of residence. Local law enforcement is not going to know the answer, and I would not trust the BATFE to know the answer. Talk to your JAG officer.

If you are considered to be a Texas resident, and handgun will have to go through an FFL for an interstate transfer (even if it's a gift), and an FFL can't transfer it to you uf you're under 21.
 
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