Hello I have searched through here to try to find the answer to my question, but I can't seem to find it. I apologize if I over looked it, and started a thread over it for no reason. But I live in Missouri. I just turned 18. To my understanding the new legal age requirement to get your conceal and carry license is 19, but you must be 21 to purchase a handgun..? How does this work? I understand that the Internet isn't the best place to obtain legal advice, but I am just wondering how one can have their carry license at the age of 19, but can't purchase a handgun until 21. My father, a retired police sergeant, is confused by this as well. I have asked around the police department to some of the officers I'm friends with, and they're not positive either on how to go about obtaining a handgun at 19, other than having somebody else purchase it for you, but that is illegal. Any help here would be quite appreciated. I have a year to figure this out.
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New Conceal and Carry age
- Thread starter Mikef262
- Start date
2ndsojourn
New member
Check the laws of your state covering private sales to see if it's different from federal law. Fed law restricts sales of handguns from a dealer to buyer, buyer must be 21, but doesn't cover private sale.
Agree with sojourn. Check your state laws. It's likely that private sales are allowed to folks that are 18 or 19. Also, it may be that you can legally be in possession of a firearm that belongs to another person, such as a parent. Check handgunlaw.us for info that is usually accurate and up to date.
2ndsojourn
New member
I forgot about gifts. It's possible that it's legal to receive a gift from a parent/grandparent/sibling. Check your state's laws.
The Missouri legislature passed SB656 last summer. Governor Nixon vetoed it, but the legislature was able to override the veto. My understanding of the process is that SB656 was to become law on October 11, 2014.
I stress "my understanding" because I haven't heard any updates on its status.
As per the bill, the age for issuance of a carry permit was lowered to 19.
Missouri statute echoes federal law on the age to possess a handgun, which is 18. It also allows for the private sale of a handgun to someone 18 or older.
That said, licensed dealers are forbidden from transferring a handgun to anyone under the age of 21.
I stress "my understanding" because I haven't heard any updates on its status.
As per the bill, the age for issuance of a carry permit was lowered to 19.
Missouri statute echoes federal law on the age to possess a handgun, which is 18. It also allows for the private sale of a handgun to someone 18 or older.
That said, licensed dealers are forbidden from transferring a handgun to anyone under the age of 21.
g.willikers
New member
^^^, Never understood that.
Although many states have it.
It does sound like something to leave well enough alone, though.
Although many states have it.
It does sound like something to leave well enough alone, though.
Frank Ettin
Administrator
Folks, the thread is about Missouri law. Please don't complicate the discussion by bringing in laws of other States.
So without doing any research yet to back up the "gift" idea. How would that work? Say my Dad decided to get me a handgun as a gift when I'm 19. Is there any paperwork required to make the handgun mine, or is it legally still his? If stopped by a police officer and upon informing him you have a concealed weapon how does one at the age of 19 go about proving that the handgun is rightfully theirs, and not stolen? I'm sorry to keep asking a bunch of questions.
Aguila Blanca
Staff
Does Missouri have handgun registration? If not, how would a police officer have anything on which to base a "reasonable" suspicion that the gun on your belt is NOT yours?
dakota.potts
New member
I have had a police officer come to my house before when I was open carrying a handgun in my yard (I didn't start out open carrying, my shirt came up over it and a schoolkid walking home saw it).
He checked my ID and everything (I didn't see any reason to withhold it) and basically told me I was good to go and to make sure I got my license when I turned 21.
Unless Missouri specifically restricts ownership or purchase of a handgun to 21, you can buy it at 18 from a private dealer. I was given mine by a family member. No paper work or anything. There likely is no paperwork at all unless your state has some kind of handgun registration or other reporting requirement for private sales, which is possible but unlikely.
If you do end up buying from a private seller, I recommend you look into a bill of sale and keep one for your records.
After all, they wouldn't have lowered the age to 19 if they were going to put up road blocks to carry a handgun. They have to follow Federal law, but that still allows you to own one and to buy one in the right circumstances.
He checked my ID and everything (I didn't see any reason to withhold it) and basically told me I was good to go and to make sure I got my license when I turned 21.
Unless Missouri specifically restricts ownership or purchase of a handgun to 21, you can buy it at 18 from a private dealer. I was given mine by a family member. No paper work or anything. There likely is no paperwork at all unless your state has some kind of handgun registration or other reporting requirement for private sales, which is possible but unlikely.
If you do end up buying from a private seller, I recommend you look into a bill of sale and keep one for your records.
After all, they wouldn't have lowered the age to 19 if they were going to put up road blocks to carry a handgun. They have to follow Federal law, but that still allows you to own one and to buy one in the right circumstances.
motorhead0922
New member
So without doing any research yet to back up the "gift" idea. How would that work? Say my Dad decided to get me a handgun as a gift when I'm 19. Is there any paperwork required to make the handgun mine, or is it legally still his? If stopped by a police officer and upon informing him you have a concealed weapon how does one at the age of 19 go about proving that the handgun is rightfully theirs, and not stolen? I'm sorry to keep asking a bunch of questions.
Your dad can give you a gun at any age, no paperwork or FFL required. No registration of any kind is done in Missouri. You can't possess your gun outside your home unless you are 18 or older.
handgunlaw.us is your friend.
Aguila Blanca
Staff
Confusion does not equate to reasonable suspicion. The law is that you can buy a handgun in a face-to-face private transaction, and you can be given a handgun. Those are facts. Your question wasMikef262 said:Well you have to be 21 to purchase a handgun from a dealer. If you are 19 and carrying a handgun I can understand how a police officer might be confused as to how you have obtained a handgun.
Unless your state has a complete handgun registry, including all private sales as well as dealer sales, there is no way for a police officer to know it's your gun, and there's also no way for him to know that it's not your gun. A gift is a gift. If your father gives you a firearm, it's your firearm. Unless there is a state registry, no paperwork is necessary. It's not up to you to prove it's yours, it's up to the cop to prove it's not.How would that work? Say my Dad decided to get me a handgun as a gift when I'm 19. Is there any paperwork required to make the handgun mine, or is it legally still his? If stopped by a police officer and upon informing him you have a concealed weapon how does one at the age of 19 go about proving that the handgun is rightfully theirs,
If you're really worried about it, your father can give you a note to carry, identifying himself as the original purchaser and attesting that he gave you the pistol.
Thank you all for your help, it is greatly appreciated. What I have gathered is that at the moment, being 18, I can own handguns as long as it was purchased from a private party, or gifted from a parent. I understand that the Internet isn't exactly the best place to ask for legal advice, but through the links provided I certainly believe you are all correct. It also helps that I never leave my small town, and I know all of the police officers so worst case if I do something wrong with possessing a handgun I will be told so, and I will never do it again. Once again, I truly appreciate all of your guys' help!
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Small point of order:
There are NO "private dealers".
Dealing in firearms without the proper licenses is a crime. Federal crime. State crime too, if state laws are also broken (which could be gun laws or business laws).
There are only private "sellers", not "dealers".
Several states have laws that allow the possession, carry, and even purchase of a handgun prior to age 21. Fed law prohibits FFL dealers to sell to someone under 21. As long as you get your gun from some other legal source (private seller, gift, inheritance, etc.) the Fed FFL law does not apply.
I can easily see a cop being suspicious of a "young punk" with a handgun, but if you have the state issued permit, any questions should end at that point.
The police are not the best source for firearms law. Most of what they know is correct, but they (usually) don't know it all, and sometimes they are incorrect.
There are situations where someone can legally buy a gun "for you", under Federal law. Note that I put "for you" in quotes, because it matters, under the law who is the actual purchaser of the firearm.
In general terms, if they are buying the gun instead of you, because you are prohibited, it's a crime. If they buy it with your money its a crime.
They can buy a gun as a gift, legally, and fill out the forms that way. Or they can buy the gun for themselves, and later, decide to sell it, or give it to you. Those are legal under federal law. The devil is in the details, and I would recommend getting expert local advice before proceeding.
Taking the well meant advice from the cops (alone) on what is, and is not legal is not enough to be certain.
Good Luck!
you can buy it at 18 from a private dealer.
There are NO "private dealers".
Dealing in firearms without the proper licenses is a crime. Federal crime. State crime too, if state laws are also broken (which could be gun laws or business laws).
There are only private "sellers", not "dealers".
Several states have laws that allow the possession, carry, and even purchase of a handgun prior to age 21. Fed law prohibits FFL dealers to sell to someone under 21. As long as you get your gun from some other legal source (private seller, gift, inheritance, etc.) the Fed FFL law does not apply.
I can easily see a cop being suspicious of a "young punk" with a handgun, but if you have the state issued permit, any questions should end at that point.
they're not positive either on how to go about obtaining a handgun at 19, other than having somebody else purchase it for you, but that is illegal.
The police are not the best source for firearms law. Most of what they know is correct, but they (usually) don't know it all, and sometimes they are incorrect.
There are situations where someone can legally buy a gun "for you", under Federal law. Note that I put "for you" in quotes, because it matters, under the law who is the actual purchaser of the firearm.
In general terms, if they are buying the gun instead of you, because you are prohibited, it's a crime. If they buy it with your money its a crime.
They can buy a gun as a gift, legally, and fill out the forms that way. Or they can buy the gun for themselves, and later, decide to sell it, or give it to you. Those are legal under federal law. The devil is in the details, and I would recommend getting expert local advice before proceeding.
Taking the well meant advice from the cops (alone) on what is, and is not legal is not enough to be certain.
Good Luck!
dakota.potts
New member
You are right that there is no such thing as a private dealer, it was a slip and I meant a private seller
Aguila Blanca
Staff
Does Missouri limit firearms gifts to parents? Why can't you receive a handgun as a gift from Uncle Joe, or from your father's boss's friend's buddy Alfred?Mikef262 said:What I have gathered is that at the moment, being 18, I can own handguns as long as it was purchased from a private party, or gifted from a parent.
rwilson452
New member
Here in PA a pistol can be gifted from father to son or grandfather to grandson or back up the chain or wife to husband. or back the other way without the services of an FFL. Also applies for females too. Any other transfer must go via an FFL. Noted this is PA not any other state. Yes the minimum age is 18 for pistols. Long gun transfer from a PA resident to another PA resident don't require the services of a FFL. Naturally The recipient cannot be a prohibited person.
motorhead0922
New member
AB said:Does Missouri limit firearms gifts to parents? Why can't you receive a handgun as a gift from Uncle Joe, or from your father's boss's friend's buddy Alfred?
No state restrictions on Joe or Alfred in Missouri. I really don't know of any gift restrictions, unless maybe if the giver knows or should know that the receiver is a felon.