Handguns for over 18, under 21

[strantor]

I have read through this site and several others regarding the legality of purchasing a handgun for my sister. She just turned 18 and she wants a handgun. I went with her to 2 separate gun shops and got turned away by the owners who said "it is illegal for someone under 21 to own a handgun." I am 24 and as I understand (from reading other posts) as long as I pay for the gun and then give it to her, we are in compliance with the law. My mother has no problem with her owning a handgun, and would be willing to go to the gunshop with us to give parental consent if needed, but I fear I will still run into the same problem unless I can bring in a printed copy of the actual law. Only problem is that I can't find the law anywhere. Can somebody please give me a link to where the law about 18 y/o's owning handguns is? Thanks!

[High-Cap 1911]

legally she can own a handgun, but legally she can not purchase from an FFL dealer until she is the age of 21 (federal law), so that means a private sale from an individual, or a gift from (usually) family, or possibly a concerned friend is perfectly legal. (state law)

as long as she is 18, it is fine.

[randomoutburst]

+1 - High-Cap

Yes, my husband and I obtained handguns in this manner before he turned 21 (I have another 10 months to go...) and were told by shop owners it was illegal. Even printing out the pertinent laws and showing them in an attempt to at least make them more aware of state law was futile - they claimed I must have missed some other law that closes that loophole. *sigh*
The federal law states she cannot buy one from a licensed dealer until she is 21, and the Texas Youth Handgun Act prevents her from owning one at all when she is under 18 years old. There is no mention of purchasing from a private individual or being gifted a handgun between 18-20 years of age as being illegal.
She may not be able to shoot by herself on some ranges as she is not 21 and some guys are stubborn, so take her shooting with you. If you're giving her a gun it becomes your responsibility to make sure she knows how to use it. A gun in the hands of an ignorant user can sometimes be more dangerous than not having one at all.

I posted a question about this issue in a forum (link to my thread) and it seems legit. Best wishes.

[Big country]

Take her to look at hand guns at a really expensive place that you don't frequent, find one she likes and then go somewhere cheaper and buy it for her there as they don't know whats going on. I got into an argument with a dopey Pawn shop owner once over my mother trying to get me a rifle when I was 16. I know the law says it's legal but in a CYOA thing the shop is not going to take the chance violating the law. And by law I bet they reserve the right to refuse service to anyone as well. I've had Wal-mart not sell me beer because my wife was under 21 and I told her that we were married and she said it was illegal for me to buy beer with her there and I've bought a handgun with her standing right next to me and no one cared at all.

[strantor]

Lol randomoutburst, your post in the other forum was one of the ones that I read previously while trying to find the law. So there is no law that says that an 18 y/o can be gifted a handgun, only the lack of a law prohibiting it? In that case I can see why the gun shop owners are leery of selling. BTW, where can I find the law prohibiting Licenses gun dealers from selling handguns to persons under 21?

[High-Cap 1911]

lookup the ATF's website's FAQ's...

[strantor]

Ok, I checked the ATF's faqs and some of their lengthy legislature and didn't find anything barring an 18y/o from owning a hand gun. I think the state's legislature is going to be tighter than the ATF's so I'm looking there now. If I could just find somewhere in state law where it says something to the effect of "A person under the age of 21 may lawfully possess a handgun in the event that a family member gives the handgun to the person under the age of 21, or it is purchased from an individual who is not a licensed dealer...."

[txinvestigator]

Originally Posted by strantor

Ok, I checked the ATF's faqs and some of their lengthy legislature and didn't find anything barring an 18y/o from owning a hand gun. I think the state's legislature is going to be tighter than the ATF's so I'm looking there now. If I could just find somewhere in state law where it says something to the effect of "A person under the age of 21 may lawfully possess a handgun in the event that a family member gives the handgun to the person under the age of 21, or it is purchased from an individual who is not a licensed dealer...."

Laws proscribe acts, they don't list allowable acts.

Laws do not cover "ownership" of firearms. The federal and state laws regulate the transfer, possession and carry of firearms.

Federal law makes it unlawful for a FFL to transfer a handgun to a person under 21.

ATF FAQ
F6) Does a customer have to be a certain age to buy firearms or ammunition from a licensee?
Yes. Under the GCA, long guns and long gun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some State and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If State law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement.
[18 U.S.C. 922(b)(1), 27 CFR 478.99(b)]

The ATF also tells you on the FAQ that a unlicensed person may transfer a handgun to a person who is not prohibited from receiving one;

B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector

This tells you who may not receive one

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United States, has renounced his or her citizenship;
(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
(9) Has been convicted of a misdemeanor crime of domestic violence
(10) Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.
Such person may continue to lawfully possess firearms obtained prior to the indictment or information.
[18 U.S.C. 922(g) and (n), 27 CFR 478.32]

Under Texas law you are not going to find anything like what you are looking for. Laws don't work that way.

Texas does limit transfer and possession. Those laws are in chapter 46 of the penal code. Here are the applicable ones

Texas Penal Code
Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:
(A) the person's release from confinement following conviction of the felony; or
(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or
(6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.
(b) In this section:
(1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.
(2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter.
(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.
(d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.

Dealers won't transfer you the gun when they know you are going to give it to someone else because they cannot be sure that person is eligible to receive it. They are worried about being implicated in a straw sale.

Hope this helps.

[strantor]

Yes, Txinvestigator, Very helpful. Thank you. I think you have successfully proven that it is not illegal for her to own a handgun. Despite all this, I still have a gut feeling that if she were to get pulled over and have the police find the gun in her trunk she would be arrested. Of course, neither her or myself could be convicted of any crime, I'm sure they could make it a painful experience.

[txinvestigator]

Originally Posted by strantor

Yes, Txinvestigator, Very helpful. Thank you. I think you have successfully proven that it is not illegal for her to own a handgun. Despite all this, I still have a gut feeling that if she were to get pulled over and have the police find the gun in her trunk she would be arrested. Of course, neither her or myself could be convicted of any crime, I'm sure they could make it a painful experience.

Again, ownership is not regulated. Transfer, possession and carry are.

It is not illegal for her to receive the handgun nor for a non-licensee to transfer one to her.

Texas penal code 46.02 shows it is lawful for her to car carry as long as the handgun is not in plain view, she is not a member of a criminal street gang, she is not committing a crime (traffic offenses excluded) and she is not prohibited by law from possessing a firearm.

Under what law are you worried she could be arrested?