Selling a gun to a person under 21

T

Tex S

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I am a bit confused on the laws pertaining to selling a firearm in Texas.

Federal law states that it is unlawful to sell a handgun to a person under 21. Everything I have seen regarding state law in Texas says 18 to buy a firearm.

Here is an excerpt from a NRA-ILA quick synopsis guide for Texas.

A Texas resident, if not otherwise precluded by law, may purchase rifles and shotguns, ammunition, reloading components, or firearms accessories in contiguous states.

It is unlawful to sell, rent, loan or give a handgun to any person if it is known that the person intends to use it unlawfully.It is unlawful to knowingly sell, rent, give or offer to sell, rent or give any firearm to a person under 18 years of age, without the written consent of his parent or guardian.
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Does that mean I can legally give or sell my 19 year old nephew a pistol, but he just can't buy one from an FFL until he is 21?

I'm confused.
 
Does that mean I can legally give or sell my 19 year old nephew a pistol, but he just can't buy one from an FFL until he is 21?
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Yes.

Federal law states that it is unlawful to sell a handgun to a person under 21.
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Federal law states that it is unlawful *for a licensee* to sell a handgun to a person under 21.

http://www.atf.gov/pub/fire-explo_pub/gca.htm
(b) Sales or deliveries to underage persons. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver (1) any firearm or ammunition to any individual who the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe is less than 18 years of age, and, if the firearm, or ammunition, is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe is less than 21 years of age...
 
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Pretty much same thing Zoomie said applies to my state. At 18 you can possess and own, just can't buy from an FFL. You can also get gifted one by a relative (my dad has bought me a couple for Christmas'). I'm 19, have my NH CCW and own a few handguns. I actually bought one from a retired LEO, completely legal, I just furnish my CCW in a private sale so they know i'm not a felon or irresponsible kid or anything.
 
Nick-Mc said:
Pretty much same thing Zoomie said applies to my state. At 18 you can possess and own, just can't buy from an FFL. You can also get gifted one by a relative (my dad has bought me a couple for Christmas').
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Your statement is incomplete, Nick-Mc. You can be gifted the firearm by any resident of your state, not just a relative. No gifts accross state lines of residence, however, relative or not, without going through an FFL.
 
Also, the Federal law regarding private sales/gifts of handguns to juveniles is 18 USC 922(x):

(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.

(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
 
yes, less than 18 you can't, but at 18 you can, so he is all set with his nephew...
As for the gifting thing, had no idea anyone could "gift" to anyone (within state lines of course). The local chief told me it was a relative thing, but ya learn something new everyday.
 
Ah yes, the local chief :-). And I'll bet your aren't talking about a Navy Chief :D

For instance, this is from page 165 of the 2005 Federal Firearms Regulations Reference Guide published by the BATFE:
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/p53004.pdf
Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473.

The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.
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No mention of family relationship.

You won't find anything in NH law that limits firearms gifts to family members either.

This is one of the myths that comes up quite regularly perpetrated by both LEOs and FFLs.
 
Haha no not a Navy Chief. Although I did have a tac that was a SCPO.....he'd be a good guy to have on your side no matter what.
Army through and through but I guess you can learn things from sailors after all (haha).....because after searching and searching I found nothing related to "Gifting" being a relative related thing. So, in my humbleness, I say thank you.....Sir.
 
No humbleness required, the police chief should be corrected for his(I assume he) mistake. Simply send him the statutes you have found and ask him to provide you with a statute that limits firearms gifts to relatives.
 
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