Buying a handgun under 21???

[ethan]

I'm almost positive I read that someone who is over the age of 18 but not yet 21 and can legally own firearms can purchase a pistol from a private seller legally, they just cant transfer them through an FFL. I have the newest revision of the CHL law on file but I cant seem to find what Im looking for, if someone can refer me to the specific section that says that?

Secondly if I have a friend who wants a pistol, is 20, and can legally own otherwise, if I bought the gun, but then he bought it directly from me is that legal???

 

[Texas42]

. . .
Secondly if I have a friend who wants a pistol, is 20, and can legally own otherwise, if I bought the gun, but then he bought it directly from me is that legal???

Sounds awfully like a staw sale to me.

 

[Texan2]

Sounds awfully like a staw sale to me.

I concur...

 

[wllmwallace]

http://www.texasguntalk.com/forums/gun-legislation/10627-handguns-over-18-under-21-a.html

Search feature can be your friend. Hope this helps...

 

[robocop10mm]

If you purchase the gun from a licensed dealer and "immediately" sell it to her that is the definintion of a straw purchase and against Federal Law. You can gift it to her.

 

[dbgun]

If you purchase the gun from a licensed dealer and "immediately" sell it to her that is the definintion of a straw purchase and against Federal Law. You can gift it to her.

So if I understand it correctly, You can legally sell a handgun to someone that is over 18, but under 21 IF you bought this handgun from a licensed dealer, say something like 5 or 10 years ago?

 

[Texan2]

So if I understand it correctly, You can legally sell a handgun to someone that is over 18, but under 21 IF you bought this handgun from a licensed dealer, say something like 5 or 10 years ago?

Yes....and you dont even have to own it for 5 or 10 years.

 

[dbgun]

Yes....and you dont even have to own it for 5 or 10 years.

Looks like I owe someone an apology.

 

[Texan2]

Looks like I owe someone an apology.

If you really wanted to be really nit picky, not only do you not have had to own it for 5 or 10 years, there is no need to have bought it from a licensed dealer.....

 

[dbgun]

If you really wanted to be really nit picky, not only do you not have had to own it for 5 or 10 years, there is no need to have bought it from a licensed dealer.....

Actually, I've owned the handgun longer than 10 years, but I was sure that I couldn't sell it to someone between the age of 18 & 21 years.

 

[Texan2]

Actually, I've owned the handgun longer than 10 years, but I was sure that I couldn't sell it to someone between the age of 18 & 21 years.

beauty of having lots of like minded folks on here, wealth of knowledge....i am constantly gleaning new info from these pages

 

[medalguy]

dbgun said you can legally SELL a handgun to someone under 21 and this was confirmed correct? Am I missing something here, but doesn't federal law prohibit ANYONE under 21 from PURCHASING a handgun? I understood it could be legally GIFTED to them but NOT sold. Correct??

 

[Texan2]

dbgun said you can legally SELL a handgun to someone under 21 and this was confirmed correct? Am I missing something here, but doesn't federal law prohibit ANYONE under 21 from PURCHASING a handgun? I understood it could be legally GIFTED to them but NOT sold. Correct??

Not correct, appearantly you are missing something.....to save you from having to go back and read this whole thread...
You have to be 21 to buy from a licensed dealer....not from a private seller.

 

[dbgun]

What texascop2 said......

I've stopped talking about this subject to my friends, because they all freak out when I mention selling a handgun to someone between the age of 18 & 21.

 

[Adionik]

My dad just bought me a Glock for my 21st birthday today...is there anything I need to do as far as having it in my name or what not? In case I get pulled over with it, or carry with it in coming months...

 

[Texan2]

My dad just bought me a Glock for my 21st birthday today...is there anything I need to do as far as having it in my name or what not? In case I get pulled over with it, or carry with it in coming months...

If you don't intend on carrying in on your person around town....you dont need to do anything. In Texas guns are not like cars, the gun is not in anyone's "name".

 

[randomoutburst]

What texascop2 said......

I've stopped talking about this subject to my friends, because they all freak out when I mention selling a handgun to someone between the age of 18 & 21.

I had a guy who runs a gun shop tell my husband (21) that he couldn't gift me (20) a handgun and really shouldn't have his own in the house because I wasn't legally allowed to use it.
Oh, yeah. Not everyone knows the law.

To the OP: If you look up the actual law, it says what everyone has said already: you must be 21 years old to purchase from a federally licensed dealer as according to federal law. The Texas Youth Act makes it illegal for anyone under 18 to own a handgun regardless of how it is obtained.

So, logic states there is a loophole of sorts in the law which I have taken advantage of, no doubt.
I am living in a house with guns purchased by my husband and keep "my" revolver on the nightstand, but can't use it because it's "against the law". Just kidding.

My husband has purchased a revolver which fit my tiny hands to keep on my nightstand since his is too big for me to effectively wield. I consider it mine but since I wouldn't carry it outside the house anyway, it doesn't matter if it's his or mine if I use it in self-defense against an intruder.
That's not a straw purchase IMO, but then again how many people are old enough to buy a gun for their spouse who isn't old enough? Not a lot of precedent I guess.

Now, once I turn 21 I have a Custom Springfield 1911 lined up to order.

 

[Adionik]

If you don't intend on carrying in on your person around town....you dont need to do anything. In Texas guns are not like cars, the gun is not in anyone's "name".

I'm going for my CHL class next week, so yeah..I will be carrying it. Do I need to write up a bill of sale or something?

 

[Texan2]

I'm going for my CHL class next week, so yeah..I will be carrying it. Do I need to write up a bill of sale or something?

I know you are nervous about doing something wrong so I will try to be crystal clear....YOU DON'T NEED TO DO ANYTHING! Nothing, Nada, Zero, Zilch.... You are old enough to possess, and are not a criminal or engaging in criminal activity...the state doesnt care about anything else.

In Texas there is no registration...cops cannot run a serial number and magically find out who is "supposed" to own a gun. Imagine buying a used lawn mower at a garage sale. You don't do a bill of sale, there is no registartion, no license to buy/sell, you give money to the seller and its yours.....same principle for guns.

Now relax and go get your CHL...

 

[Stiffler]

Hey man i am in the same boat as you!! I am currently 20 yoa and also am about purchase a handgun! Its amazing how many people that have years of knowledge in firearms and firearms laws dont know that a 18 - 20 year old can LEGALLY own a handgun. Well At least in good old texas!
18+ years old= old enough to buy any long gun firearm
21+years old= Old enough to buy a handgun FROM ANY FFL DEALER
18-20 YEARS OLD= OLD ENOUGH AND CAN LEGALLY BUY A HANDGUN FROM ANY NON-FFL DEALER (PRIVATE SALE)

And about the straw purchasing that is kind of a gray area to talk about. I strongly believe it is not illegal to have your friend buy the gun that you want, then turn around and sell it you. Reason being because you are legally buying it from him! No if you were under the age of 18, or have had a criminal background and then bought the gun, now thats just morally wrong and IMO be considered a straw purchase.

CHECK THIS OUT!

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.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 324, Sec. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1193, Sec. 22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(f), eff. Sept. 1, 1999.


Federal Law 18 USC 922 B

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen 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 licensee knows or has reasonable cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; and
(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.

Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors. Paragraph (4) of this subsection shall not apply to a sale or delivery to any research organization designated by the Attorney General.