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Thread: Minimum Age to OC & Possess Handguns

  1. #1
    cwalters
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    Question Minimum Age to OC & Possess Handguns

    Hello all I am new to the forum and I noticed on the WV Gun Laws on OpenCarry.org that the minimum age to OC is 18 in WV, just wanted to check and see if this is valid? I am a 20 year old 9-1-1 Dispatcher for my county of residence in WV and after questioning many friends of mine who are police officers about this the answers are almost split in a perfect 50/50. Some say it is legal, others disagree, and beleive it or not others did not know for sure. I even spoke to the local DNR officers about it with the same result.

    Just looking for any experiences with this that anyone has had...

    Also, it is legal to purchase a handgun from a private party correct? However rounds cannot be purchased until 21, same with purchasing from a federal licenced dealer.

    I love to fish (not so much a hunter ) and fish regularly on private owned ponds and some state owned lakes, I am pretty sure it is perfectly legal on the private owned property... But what about state owned?

    I appriciate the help from everyone, sorry to ask the same question that has probubly already been answered somewhere in this forum... however I couldn't find it.

    Again, thanks for the help!

  2. #2
    cwalters
    Guest
    Figured it out, thanks everyone for looking though.

    Just took a little bit of thinking, then I found the WV Code website and I found it in WV Code § 61-7-8. Correct me if I'm wrong but I believe that covers it.

    Again thanks!

    Anyone have any thoughts about persons OCing at age 18?
    Whats your opinions on this?

  3. #3
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    Open Carry of a Handgun requires one to be 18 years old.
    Purchasing a Handgun from a Federal Firearms Licensee requires one to be 21 years old, however; Private and Gun Show purchases of Handguns from non-Federal Firearms Licensees only require 18 years of age.
    Federal Law 18 U.S.C. 922(x) covers this, in addition to The West Virginia Law so citied in the previous Post.

  4. #4
    cwalters
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    Thanks for the help!

  5. #5
    Regular Member cdub's Avatar
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    but the way to get around that is to tell them that that ammo is to be used for a rifle and not a handgun.

    EXAMPLE

    i have a carbine that shoots 40S&W. I can buy 40S&W ammo legally I just have to state that it is for a rifle. That is a loop whole for people between 18-21 if you own a pistol and need ammo.

  6. #6
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by NavyLT View Post
    And if you lie to a licensed dealer about that, you have committed a Federal felony. Way to go!

    Oh... citation? Sure. 18 USC 922 (a)(6):
    http://www.law.cornell.edu/uscode/18...2----000-.html
    So, if you are under 21 years old and you tell a licensed dealer that you intend to use ammunition in a rifle or carbine, when the truth is you intend to use that ammunition in a pistol, you have violated 18 USC 922 (a)(6) and committed a felony. Not exactly my definition of a loophole.

    I ran into that in MD about a year ago. I was buying a bunch of CCI MiniMag 22LR ammo at a WalMart because it was on sale. The guy asked me "is this for a rifle?" He did not qualify it with the phrase "or a pistol".

    Since I have BOTH a rifle and a pistol that shoot 22LR, and planned to use this ammo in both, I told him "Yes, it is for a rifle."

    Not a lie. But I didn't volunteer any info that he did not ask for. I think that puts me well within the wording of this statute, because I didn't lie. Also, I'm well over 21 (I was 44 at the time).

    However, in MD, you have to hand over your ID and they log your info into the system when you buy "pistol ammo".

    I never buy .45acp in MD, because I don't have a rifle chambered in .45acp... Yet...

    Actually, I've sworn off purchasing ANYTHING in MD if I can avoid it. I'm not putting a single penny of sales tax into the MD coffers until they are "Shall Issue", and make OC legal statewide, if at all possible. And I suggest that ALL conscientious gun owners do the same, or at least make an effort to NOT SPEND ANY MONEY in MD.

    Let's hit the oligarchs in Annapolis and Pikesvile in the only place they have any feelings--in the wallet...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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