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Thread: Minimum Age Requirement to Purchase Handgun

  1. #1
    Regular Member lykwidtepp's Avatar
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    Minimum Age Requirement to Purchase Handgun

    I've been attempting to do my own research lately. I'm 20 years old and I fully understand that your able to Open Carry a handgun at 18, I finally found the Statute (ARS 13-3102 B1 and B3), but my question is does anyone know where to find the statute where it says you can legally purchase the actual handgun at 18 from a private party? I understand that Federal Law states it's 21 to purchase a handgun from a Federally Licensed Gun dealer. Hope I quoted this right, "Gun Control Act of 1968" (Public Law 90-618, 9,B1)

    (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;
    So overall, my question is could anyone help point me out to the specific Arizona Revised Statute where it states that your legally allowed to purchase a handgun at 18 from a Private Seller?

    -Thanks

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    Regular Member TOF's Avatar
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    I believe the key is in the following Statute:

    8-101. Definitions
    In this article, unless the context otherwise requires:
    1. "Adult" means a person eighteen years of age or older.


    Federal law addresses sale by commercial entities but not by individuals. You may do what any "Adult" may do when you reach 18 years of age.

    IANAL
    If you woke up breathing, congratulations! You get another chance.

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    Moderator / Administrator Grapeshot's Avatar
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    Under ARS 13-3111, the law states that except under certain conditions, that anyone under the age of 18 who is not accompanied by a parent, grandparent, legal guardian or firearms instructor acting with the consent of said parent, grandparent or legal guardian may not carry or possess a firearm. By definition, that means that anyone who is over the age of 18 and not otherwise prohibited from owning or possessing a firearm may do so.
    http://www.azleg.state.az.us/ars/13/03111.htm
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    Regular Member lykwidtepp's Avatar
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    Thank you to you both! Very helpful, I printed and highlighted individual parts of the many parts of the ARS and I finally feel comfortable bearing a firearm. I've had confrontations with people in the past and I couldn't tell them exactly where in the ARS that it stated it's 18 years of age to purchase and carry a handgun. I just went with what the vast majority of online websites said where it stated that it's 18 to openly carry and purchase a firearm (via private sale). But I've finally got the actual law with me highlighted and fully stated. Thanks again!

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by lykwidtepp View Post
    Thank you to you both! Very helpful, I printed and highlighted individual parts of the many parts of the ARS and I finally feel comfortable bearing a firearm. I've had confrontations with people in the past and I couldn't tell them exactly where in the ARS that it stated it's 18 years of age to purchase and carry a handgun. I just went with what the vast majority of online websites said where it stated that it's 18 to openly carry and purchase a firearm (via private sale). But I've finally got the actual law with me highlighted and fully stated. Thanks again!
    Now remember to come back and let us know how things go for you.

    It is all about educating people and we do a pretty fair job of that here.
    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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    Regular Member TOF's Avatar
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    I'm glad we could help. Welcome to the club.
    If you woke up breathing, congratulations! You get another chance.

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    Regular Member lykwidtepp's Avatar
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    I actually have one last question. I've been Open Carrying for the past 2 days now and it's been nice, I feel more secure when having it with me. I dress appropriately; collared shirt, ironed pants/shorts, and undamaged shoes. But my question is: Is it legal to carry openly in an apartment complex? I stayed over at my brother's apartment last night, and I got the usual stares from people walking by. I kept my up-beat attitude, and said my, "Goodmorning's" and "Hello's" to make them feel comfortable around me. (I got smiles and nice responses back) But my actual open carry in that area, would that be legal? It is Private Property, but I don't see any signs that state you can't have any firearms in the area. So would I be correct to assume it's legal to carry in that area?

    -Thanks

  8. #8
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by lykwidtepp View Post
    I actually have one last question. I've been Open Carrying for the past 2 days now and it's been nice, I feel more secure when having it with me. I dress appropriately; collared shirt, ironed pants/shorts, and undamaged shoes. But my question is: Is it legal to carry openly in an apartment complex? I stayed over at my brother's apartment last night, and I got the usual stares from people walking by. I kept my up-beat attitude, and said my, "Goodmorning's" and "Hello's" to make them feel comfortable around me. (I got smiles and nice responses back) But my actual open carry in that area, would that be legal? It is Private Property, but I don't see any signs that state you can't have any firearms in the area. So would I be correct to assume it's legal to carry in that area?

    -Thanks
    Don't know all of the nuances of Arizona law - likely this is a gray area, especially concerning enforcement.

    Applicable real estate law will have bearing also: private property, lease terms (rules & regulations), lease hold laws et al.

    Then add to that inside the leased premises, common areas et cetera.

    It a good question to which I cannot give a definitive answer. Suspect that the worst that could happen is that you'd be told "you can't do that" and further transgression would draw a trespass charge.

    Other thoughts?
    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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    Regular Member Sonora Rebel's Avatar
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    If property is not otherwise posted... you're all good. Don't mind the stink-eyes, they're everywhere.

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by lykwidtepp View Post
    But my question is: Is it legal to carry openly in an apartment complex?
    Basically it's a private property issue. If the owner/manager says "no guns," then you must comply. Posting is not a requirement.

    If someone calls the cops and they show up, do whatever they tell you to do. After that, once you find out they were wrong, send an email to info@azcdl.org. We're not the ACLU, but we need fodder for legislation.

    A couple of years ago we psuhed for legislation resulting from a trailer park policy forbidding the open carrying of firearms by it's tennants. It's a private property issue but we were looking for a legislative remedy. We'll try it again.

    Fred

  11. #11
    Regular Member lykwidtepp's Avatar
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    I finally found the apartment's contact email address. I gave them a message stating the issue, they responded back saying it's technically fine, but they're going to ask a higher up manager just to be sure.

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    Please allow me to give you some friendly advice concerning OC or CC in Arizona...

    Cease this "Mommy May I" questioning of public or private property management. If it's posted No Guns, don't go there with a gun, otherwise carry your handgun as Arizona law permits. If someone sees your gun n' tells you to leave the property, or leave your gun in the car, then leave.

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by lykwidtepp View Post
    I finally found the apartment's contact email address. I gave them a message stating the issue, they responded back saying it's technically fine, but they're going to ask a higher up manager just to be sure.
    In life, the basic rule is:

    "It's easier to ask for forgivness, than to seek permission."


    Fred

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by azcdlfred View Post
    In life, the basic rule is:

    "It's easier to ask for forgivness, than to seek permission."


    Fred
    Wish it were cheaper too.
    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.

  15. #15
    Regular Member lykwidtepp's Avatar
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    GWBiker, I see your point there. Always having to ask permission can get old and I shouldn't even have to ask if the law permits me to carry a firearm in the first place.

    --Correct me if I'm wrong, but the places that restrict firearms are: Government buildings, establishments that serve alcohol (Unless you have CCW and you don't consume the alcohol), schools, polling places on election day, signs that restrict the carry of firearms, and private property in which owners/managers ask you to leave. (In which you have a choice of either giving them the firearm and securing it for you until you leave, storing it in your vehicle or just leave entirely. Refusing to leave after being asked could result in trespassing).--

    The one thing I did do was teach the woman who responded very kindly to my question though. I taught her the legalities and passed on what I now know of the law, to her. (Sharing the statute and sections) She then kindly thanked me and was actually wondering that herself because she too sees people carrying firearms openly and never understood the law around it.

    -I'm very glad I found this website! Understanding the legalities and art of self-protection is alot easier now.

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    Regular Member Sonora Rebel's Avatar
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    The 'law' around carrying firearms is that there has been a recognized pre-ordained right to self defense with arms in Arizona since before there was an Arizona. For legalities... the AzC was ratifed in 1912 with statehood. The law doesn't 'permit' anything... The 'law' prevents the state from denying you the right to bear arms except in certain places/circumstances otherwise prohibited.


    Az Constitution Article 2 Section 26: 'The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.'

    (No 'regulators)

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by lykwidtepp View Post
    Correct me if I'm wrong. Private property in which owners/managers ask you to leave. (In which you have a choice of either giving them the firearm and securing it for you until you leave, storing it in your vehicle or just leave entirely. Refusing to leave after being asked could result in trespassing).
    The storage requirement only applies to "public" places, which means government (below the federal level) property. A private business is not a "public establishment."

    Private property is where the trespassing issue arises.

    Fred
    Last edited by azcdlfred; 10-28-2010 at 01:29 PM.

  18. #18
    Regular Member lykwidtepp's Avatar
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    I found what you were talking about. I noticed it said Public property and not private in the statute: (ARS 13-3102 A10-A13) Thank you for the clarification.

    Now, this I'm still unclear about, I'm really sorry for constantly posting questions! But if I were to open carry, and then enter into a vehicle with it, would I be considered carrying concealed? Since it's holstered and not in the glove compartment. At the point of entering the vehicle, what choices would I have?

    I've read that your allowed to un-holster firearm, and place it anywhere openly in the vehicle, with no obstructions. Or would it still need to be holstered and in the glove compartment only?

    -Thanks

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by lykwidtepp View Post
    But if I were to open carry, and then enter into a vehicle with it, would I be considered carrying concealed? Since it's holstered and not in the glove compartment. At the point of entering the vehicle, what choices would I have?
    Being under 21, you fall under ARS 13.3102.B.3.

    The moment you step into any vehicle, you are "concealing" your weapon. Your ONLY options are to FIRST place it in a holster, scabbard, etc. and then into one of the 4 magic places addressed in statute: glove compartment, map pocket, storage compartment or trunk. "Map Pocket" is something we (AzCDL) got added in a few years ago and is not defined.

    I would recommend that you keep a spare holster or "gun rug" in your car to comply with the law. If you crawl into a friend's car wearing your gun, or toss it into a glove compartment (or anywhere else in the car) without placing in it a holster, scabbard, etc., then, assuming all of you are under 21, everyone in the car is subject to arrest.

    Fred

  20. #20
    Regular Member TOF's Avatar
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    Your best bet till 21 is an extra holster in the car you can slip it into.
    If you woke up breathing, congratulations! You get another chance.

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    Regular Member lykwidtepp's Avatar
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    Thumbs up

    Alright, thank you for clarifying it for me. I went ahead and bought a cheap Uncle Mike's nylon holster for whenever I enter the truck. Thank you all for your extremely helpful responses; I really appreciate it!

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    i just turned 18 and i am wanting to buy a handgun from my step dad. what legal paperwork will i need to legally buy that gun in az?

  23. #23
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by spartan19xx View Post
    i just turned 18 and i am wanting to buy a handgun from my step dad. what legal paperwork will i need to legally buy that gun in az?
    None presuming you are both Arizona residents.

    Your buying from a private party, not a FFL.

    Suggest reading the thread first next time - that was basically the question asked at the beginning.
    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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