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Thread: Federal age limit on handgun possession

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    Regular Member usmcbess's Avatar
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    Federal age limit on handgun possession

    Need help with finding the statute. I believe it's 18 but I need the black and white on it.

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    Regular Member Big Boy's Avatar
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    Just says no minor. So I would interpret that to be 18.

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    Regular Member cshoff's Avatar
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    Federal firearms laws defines a "minor" as someone under 18. Under federal (and Missouri) laws, you must be at least 18 to possess a handgun (except under some specific circumstances).

    This is from the GCA of 1968. First, the summary:

    SUMMARY

    The basic objectives of Title I of the Gun Control Act of 1968 were to ban mail-order sales of firearms and ammunition, confine the purchase of firearms to the buyer's state of residence, and prohibit certain classes of persons from purchasing, receiving or transporting firearms or ammunition in interstate commerce. Specifically, Title I prohibits dealers from selling any firearm or ammunition to any person who is:

    a. convicted of or under indictment for a felony

    b.a fugitive

    c.adjudicated as a mental defective or who has been committed to any mental institution.

    d.addicted to or an unlawful user of marihuana or a stimulant, depressant, or narcotic drug.

    e.less than eighteen years of age for the purchase of a shotgun or rifle

    f.less than twenty-one years of age for the purchase of a firearm that is other than a shotgun or rifle


    g.a non resident of the State in whichthe licensee's place of business is located

    h.an alien illegally or unlawfully in the United States

    i.dishonorably discharged from the armed forces

    j.subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner

    k.convicted in any court of a misdemeanor crime of domestic violence
    Then the actual statute:

    Sec. 922. Unlawful acts
    .
    .
    .
    (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;
    Here are the Federal statutes that regulate sales of handguns between private individuals:

    (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.

    (3) This subsection does not apply to:

    (A) a temporary transfer of a handgun or ammunition to a juvenile or to thepossession or use of a handgun or ammunition by a juvenileif the handgun andammunition are possessed and used by the juvenile:

    (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

    (ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except:
    .
    .
    .
    (5) For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age.
    Now here are the Missouri statutes that regulate sales, gifts, loans, and rentals of firearms in this state:

    571.060. 1. A person commits the crime of unlawful transfer of weapons if he:

    (1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of section 571.070, is not lawfully entitled to possess such;

    (2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child's custodial parent or guardian, or recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers any firearm to a person less than eighteen years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or

    (3) Recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

    2. Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class D felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor.

    Hope that helps you out some.

  4. #4
    Regular Member usmcbess's Avatar
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    Thumbs up

    Quote Originally Posted by cshoff View Post
    Federal firearms laws defines a "minor" as someone under 18. Under federal (and Missouri) laws, you must be at least 18 to possess a handgun (except under some specific circumstances).

    This is from the GCA of 1968. First, the summary:



    Then the actual statute:



    Here are the Federal statutes that regulate sales of handguns between private individuals:



    Now here are the Missouri statutes that regulate sales, gifts, loans, and rentals of firearms in this state:




    Hope that helps you out some.
    Thank you very much! this was exactly what I was looking for.

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