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Thread: 18 year old possession and open carry of hangun?

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    Is it legal to first own a handgun at the age of 18? Secondly is it legal to open carry said firearm. I am having a debate with all of my coworkers and for the life of me cannot find the sources I am looking for to back up my claim. Any direction via links would be great thanks in advance. As anyone could gather from the location of this thread I am asking about Virginia specifically.

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    2fast4ya wrote:
    Is it legal to first own a handgun at the age of 18? Secondly is it legal to open carry said firearm. I am having a debate with all of my coworkers and for the life of me cannot find the sources I am looking for to back up my claim. Any direction via links would be great thanks in advance. As anyone could gather from the location of this thread I am asking about Virginia specifically.
    Yes, and yes...both are legal. My coffee intake hasnt jump started my google-fu yet. I'm sure someone will throw the statute out shortly.

    OC is the only option since you cant get a CHP until you are 21.
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    ProShooter wrote:
    2fast4ya wrote:
    Is it legal to first own a handgun at the age of 18? Secondly is it legal to open carry said firearm. I am having a debate with all of my coworkers and for the life of me cannot find the sources I am looking for to back up my claim. Any direction via links would be great thanks in advance. As anyone could gather from the location of this thread I am asking about Virginia specifically.
    Yes, and yes...both are legal. My coffee intake hasnt jump started my google-fu yet. I'm sure someone will throw the statute out shortly.

    OC is the only option since you cant get a CHP until you are 21.
    Thank you very much please if you do intake enough coffee and can throw me a few links it would be greatly appreciated. I enjoy enlightening folks of their rights any chance I can.


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    Moderator / Administrator Grapeshot's Avatar
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    ProShooter wrote:
    2fast4ya wrote:
    Is it legal to first own a handgun at the age of 18? Secondly is it legal to open carry said firearm. I am having a debate with all of my coworkers and for the life of me cannot find the sources I am looking for to back up my claim. Any direction via links would be great thanks in advance. As anyone could gather from the location of this thread I am asking about Virginia specifically.
    Yes, and yes...both are legal. My coffee intake hasnt jump started my google-fu yet. I'm sure someone will throw the statute out shortly.

    OC is the only option since you cant get a CHP until you are 21.
    Cannot buy a handgun from FFL until 21 yo but can purchase from private party or be gifted by family member.

    OC at 18 is legal. Start here and follow links: http://www.opencarry.org/va.html

    BTW - welcome aboard. You might be interested in attending our regular OC dinners (2nd Tues. ea. month) Great conversations and pointers. Look for posting about a week or so in advance.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    That links didn't work. I will try and backtrack through the site to find it.

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    2fast4ya wrote:
    That links didn't work. I will try and backtrack through the site to find it.
    Don't know why linky broky - but to redirect you - click on "Maps" on top left of this page, then click on Virginia image and follow the appropriate links to all you want to know.

    Yata hey

    P.S. Fixed link.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Now this idiot I work with says he thinks these rules pertain to shotguns and rifles not handguns because it doesn't say handgun. Im working with a genius here.

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    2fast4ya wrote:
    Now this idiot I work with says he thinks these rules pertain to shotguns and rifles not handguns because it doesn't say handgun. Im working with a genius here.
    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.7

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    Moderator / Administrator Grapeshot's Avatar
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    2fast4ya wrote:
    Now this idiot I work with says he thinks these rules pertain to shotguns and rifles not handguns because it doesn't say handgun. Im working with a genius here.
    Are these your questions or your coworker's/friends? The state statutes are linked and the are NOT ambiguous - they are very specific.

    If they refer to guns = all guns: long guns, pistols, revolvers.

    When they refer otherwise, it is very clearly so stated.

    CHP = concealed handgun permit.

    Generically handgun and pistol are often used interchangeably.

    BTW - you can lead them to water but you can't make them drink. The nectar of truth should not be difficult to swallow.

    If this is indeed a valid posting, then the first thing you need to do is read up on the subject i.e. laws etc. so as to be personally cognizant. Never depend on what someone else tells you. Then and only then will you be equipped to respond to others.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Grapeshot wrote:
    BTW - you can lead them to water but you can't make them drink. The nectar of truth should not be difficult to swallow.
    It seems to have a bitter taste to some.

    I have never noticed, as the truth is all I know... so far as the 2nd is concerned!
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Thanks Grapeshot. I believe this may be a person I cannot sway and that the 4 other people at work who agree with him will be set in their ways. I try and read up everything I can as to be able and provide answers to both pro and anti gun friends I have. Thanks for the warm reception to this site. I suppose I will have to quit lurking and become a more active member.

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    I'm 18 and I OC all the time. I thought you had to be 21 to OC until I found this site a few months ago.

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    Go hang out with Dan, he will teach you the ropes

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    hsmith wrote:
    Go hang out with Dan, he will teach you the ropes
    He's even willing to get arrested to prove a point.

    Good ol' Dan. God bless him!
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    LOL. I have heard that story. He is definately a advocate to the fullest extent.

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    Regular Member wylde007's Avatar
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    NavyLT wrote:
    Correction: the handgun can be gifted by ANYONE who is a same state resident. Anyone with a different state of residency CANNOT gift the handgun, including family, because it would have to pass through an FFL.
    Person-to-person sales and transfers cannot be regulated and the government has no jurisdiction over transfers of private property.

    The fact of the matter is that I could buy a gun, drive to North Carolina and give or sell it to another person, same as if I sold him a car.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    wylde007 wrote:
    NavyLT wrote:
    Correction: the handgun can be gifted by ANYONE who is a same state resident.* Anyone with a different state of residency CANNOT gift the handgun, including family, because it would have to pass through an FFL.
    Person-to-person sales and transfers cannot be regulated and the government has no jurisdiction over transfers of private property.

    The fact of the matter is that I could buy a gun, drive to North Carolina and give or sell it to another person, same as if I sold him a car.

    Be careful with that... I know some states (california come to mind) have laws that make receiving a gun from anyone other than an FFL illegal. Don't have a cite, I'm on a blackberry, sorry.

    Navy beat me to it...

    Think of it this way... Federal/state laws make rules for who can own/possess a firearm. There are no laws as to who can own a car. They can control your legal abilty to drive, but not to own it.

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    Regular Member wylde007's Avatar
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    Thank the Lord I don't fear my government the way you do on the Left Coast.

    Even though it is a violation of the 2nd Amendment for them to legislate on the subject, I believe a substantial and considerable defense for my position comes from Title 18, Part I, Chapter 44, § 922(a)(5)(A) and (B).

    (a) It shall be unlawful -

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; except that this paragraph shall not apply to
    (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest* of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
    * bequest, in this use is probably intended to infer inheritance or transference from an estate by will.

    On the other hand, I could simply "visit" a friend and "forget" my firearm at his home. There would be no need to "test" these laws if the majority of the sheep in this country would wake up and realize that they have no Constitutional standing whatsoever.

    leprechaun117 wrote:
    Be careful with that... I know some states (california come to mind) have laws that make receiving a gun from anyone other than an FFL illegal. Don't have a cite, I'm on a blackberry, sorry.
    I have no interest in Kommiefornia and, personally, would not be terribly put-off if the whole state slid into the ocean.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    hunter45 wrote:
    I'm 18 and I OC all the time.
    Me too. I own several handguns myself.

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    Federal law regarding handgun possession for 18-20 year olds.

    http://iweb.tntech.edu/cpardue/youthnotice.html



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    NavyLT wrote:
    Well, you will only get to prove your point if you are caught and prosecuted, so please let the BATFE know what you are doing in advance to ensure that you have ample opportunity to prove your theories.
    Yeah, I'ma get right on that!
    While I'm at it, I'll go ahead and register my guitar as a weapon of mass-destruction... you know, because I use it to MELT FACES!

    what we are talking about here is breaking Federal laws that apply to all out of state firearms transactions between private parties who do not reside in the same state.
    Again, using thoroughly unconstitutional mandates and legislation.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    NavyLT wrote:
    nova wrote:
    Federal law regarding handgun possession for 18-20 year olds.

    http://iweb.tntech.edu/cpardue/youthnotice.html

    Respectfully nova, the link that you provided has nothing at all to do with handgun possession for 18-20 year olds.

    However, I, for one, am very supportive of your legal possession and carry of handguns! You rock just like the rest of us OCers!
    It has everything to do with it. It states:

    (3) Federal law prohibits, except in certain limited circumstances, anyone under 18 years of age from knowingly possessing a handgun, or any person from selling, delivering, or otherwise transferring a handgun to a person under 18.
    and

    (4) A knowing violation of the prohibition against selling, delivering, or otherwise transferring a handgun to a person under the age of 18 is, under certain circumstances, punishable by up to 10 years in prison.
    Like Open Carry, what is not prohibited is by default legal. It only prohibits people under 18 from possessing a handgun / handgun ammo, so it is therefore legal at the federal level for people 18-20 to own handguns. States can and do restrict this, however, VA law is consistent with federal law in this case.

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    wylde007 wrote:
    NavyLT wrote:
    Well, you will only get to prove your point if you are caught and prosecuted, so please let the BATFE know what you are doing in advance to ensure that you have ample opportunity to prove your theories.
    Yeah, I'ma get right on that!
    While I'm at it, I'll go ahead and register my guitar as a weapon of mass-destruction... you know, because I use it to MELT FACES!

    what we are talking about here is breaking Federal laws that apply to all out of state firearms transactions between private parties who do not reside in the same state.
    Again, using thoroughly unconstitutional mandates and legislation.
    I'm perfectly aware of what we're talking about.

    By those standards the entire BATFE is illegal. While I may or may not agree with you on that, have fun proving it in court.

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    leprechaun117 wrote:
    By those standards the entire BATFE is illegal.
    Now you're getting it!

    While I may or may not agree with you on that, have fun proving it in court.
    Give it time. Either they give us back our country peacefully or we abjure the realm in a much less passive manner.

    It is really up to them.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    NavyLT wrote:
    Again, nova, 18 USC 922 (x) has nothing to do with handgun possession by an 18 to 20 year old. It only contains prohibitions that apply to persons under the age of 18. My previous responses regarding illegal activities were not to your posts, they were responses to wylde007's posts.

    I have always stated that 18 to 20 year olds are absolutely legal in most states to possess handguns, to purchase handguns from private parties, to receive handguns as gifts and to carry handguns. There is NO Federal prohibition against any of the above and, in most states, no state prohibition against any of the above either. I'm on your side.
    Sorry 'bout that...I both misread and misinterpreted your post.

    Gotcha.

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