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Thread: age for oc

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    so from what ive read, you must be 19 years old to oc in the state of NM,but is this true? if you cant buy a handgun untill your 21 how can you oc at the age of 19? please help....thanks p.s. you have any helpful links that would be good

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    shooterinthebush wrote:
    so from what ive read, you must be 19 years old to oc in the state of NM,but is this true? if you cant buy a handgun untill your 21 how can you oc at the age of 19? please help....thanks p.s. you have any helpful links that would be good
    Buy the handgun in a private sale (not from dealer) or receive as give or bequest.

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    so if my dad gave me the gun or bought it for me, i'd be legit?

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    shooterinthebush wrote:
    so if my dad gave me the gun or bought it for me, i'd be legit?
    That wouldwork legally, I think.

    Buying a handgun yourself, from aprivate party (in NM only) would work too. But some privategun sellers are hesitant about or opposed to selling to a 19 year old. For example, me. I can't see myself selling to a young kid under 21. I just wouldn't do it.

    Actually, I can think of a case where I'd do it. But it's pretty unlikely.

    Good luck with your dad.

  5. #5
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    I am pretty sure that in New Mexico you can even OC a handgun, underage on your family's property. I would double check the laws on that, but I could almost swear I sawit was not prohibited by law.

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    NavyLT wrote:
    shooterinthebush wrote:
    so if my dad gave me the gun or bought it for me, i'd be legit?
    Depends on what you mean by "bought it for me" and from whom. If dad buys any gun on your behalf, with your money, from a federally licensed dealer, than a straw purchase, a federal felony has been committed.
    no and yes - the so called straw purchase is when you buy a gunfor a prohibited person; lieing on the 4473 as to actual purchaser is simply a felony for lieing.

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    Maybe it would be cleaner to just borrow one of Dad's guns. If Dad loans you the gun, there's no potential complication about violating Federal law (sic).

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    okay, i guess the issue here isnt really how to get a gun. its more can i oc in public being 20 years old?

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    NavyLT wrote:
    Mike wrote:
    NavyLT wrote:
    shooterinthebush wrote:
    so if my dad gave me the gun or bought it for me, i'd be legit?
    Depends on what you mean by "bought it for me" and from whom. If dad buys any gun on your behalf, with your money, from a federally licensed dealer, than a straw purchase, a federal felony has been committed.
    no and yes - the so called straw purchase is when you buy a gunfor a prohibited person; lieing on the 4473 as to actual purchaser is simply a felony for lieing.
    The BATFE disagrees with you, in writing. Page 165 of the Fedeal Firearms Regulations Reference Guide, published by BATFE in 2005, and I quote:

    15. STRAW PURCHASES
    Questions have arisen concerning the
    lawfulness of firearms purchases from
    licensees by persons who use a "straw
    purchaser" (another person) to acquire
    the firearms. Specifically, the actual
    buyer uses the straw purchaser to execute
    the Form 4473 purporting to show
    that the straw purchaser is the actual
    purchaser of the firearm. In some instances,
    a straw purchaser is used because
    the actual purchaser is prohibited
    from acquiring the firearm. That is to
    say, the actual purchaser is a felon or is
    within one of the other prohibited categories
    of persons who may not lawfully
    acquire firearms or is a resident of a
    State other than that in which the licensee's
    business premises is located.
    Because of his or her disability, the person
    uses a straw purchaser who is not
    prohibited from purchasing a firearm
    from the licensee. In other instances,
    neither the straw purchaser nor the actual
    purchaser is prohibited from acquiring
    the firearm.
    In both instances, the straw purchaser
    violates Federal law by making
    false statements on Form 4473 to the
    licensee with respect to the identity of
    the actual purchaser of the firearm, as
    well as the actual purchaser's residence
    address and date of birth.
    The actual
    purchaser who utilized the straw purchaser
    to acquire a firearm has unlawfully
    aided and abetted or caused the
    making of the false statements. The
    licensee selling the firearm under these
    circumstances also violates Federal law
    if the licensee is aware of the false
    statements on the form. It is immaterial
    that the actual purchaser and the straw
    purchaser are residents of the State in
    which the licensee's business premises
    is located, are not prohibited from receiving
    or possessing firearms, and
    could have lawfully purchased firearms
    from the licensee.
    Well, I guess BATFE disagrees with my point that it is overusing the word "straw" to include actual purchaser lies- lieing on the 4473 and delivering to a prohibited person are two differentoffenses.

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