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Thread: FBI says I can't own a handgun at 20?

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    Regular Member GunGuy20's Avatar
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    FBI says I can't own a handgun at 20?

    Hey forums. I'm a resident Mississippian. I own a Smith and Wesson Sigma that I keep in the glovebox in my car. Problem is, my mother talked to some FBI agent she knows about the gun and the agent said I can't even own a handgun legally until I'm 21 and its a "serious federal offense". He even says its even worse to keep it in my car and that's the law. Now, when I purchased the handgun a few months ago, I did so with knowledge that federal law says I can buy from a non FFL dealer (a friend) at 18 or above. Mississippi law makes a car an extension of your home, too. So it's legal as far as I know. Was the agent blowing smoke? I need to know so I can tell my mother.
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    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by GunGuy20 View Post
    Hey forums. I'm a resident Mississippian. I own a Smith and Wesson Sigma that I keep in the glovebox in my car. Problem is, my mother talked to some FBI agent she knows about the gun and the agent said I can't even own a handgun legally until I'm 21 and its a "serious federal offense". He even says its even worse to keep it in my car and that's the law. Now, when I purchased the handgun a few months ago, I did so with knowledge that federal law says I can buy from a non FFL dealer (a friend) at 18 or above. Mississippi law makes a car an extension of your home, too. So it's legal as far as I know. Was the agent blowing smoke? I need to know so I can tell my mother.
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    I would like to point out a US law that says anything close to the point that you need to be only 18 to own a handgun, but the thing is it DON'T exist. The closest thing I can point you to is the Youth handgun safety act (google it) it is an easy read and it says that that you have to be at least 18 before those rules don't apply to you (it don't say you can have one just because you are 18). I would kindly point out to your mother that the FBI agent can't cite a specific law or precedent.

    Also, I am talking very broadly. The great state of kentucky only has a good 10 min worth of laws that has anything to do with guns. I don't know if mississippi has any that bars your from possessing a gun, but the US don't (at least not by your age).

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    Regular Member GunGuy20's Avatar
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    That's what I was wondering, if there is some kind of Mississippi law that I missed for owning and possessing a handgun in my car under 21. I'm not trying to break the law at all. I'm a very lawful person and would remove it from my vehicle if I knew for a fact that I could really get hauled off to jail for having it.

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    Last edited by GunGuy20; 12-09-2011 at 01:32 AM.

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    Regular Member sraacke's Avatar
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    You just encountered another LE "professional" who is misinformed regarding the laws. It's a product of poor training and popular culture ie media influance of thought regarding gun laws. It's nothing to fret over. It happens. I've encountered several police officers who swore up and down that you can't own a gun unitl you are 21 yo or older. I cite relevant law to them and get mixed reactions. Some insist that the cites I give can't be right. That they routinely arrest 18, 19 and 20 year olds for gun possession. Oh lord, how can this be true. Others are honestly interested in learning more. Your Milage May Vary.

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    Regular Member GunGuy20's Avatar
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    I didn't speak to the agent. I just have my mother on my back now. I'm a delivery driver and I have the sidearm to be safe. Now she thinks I'm going to get arrested because "the agent said you would". Its quite aggrivating because she doesn't know gun laws. I tried to tell her that its not against the law at all for me to have it in my car.

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    Regular Member 09jisaac's Avatar
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    You will have a hard time to get her on board with you carrying a gun.

    Before I carried anywhere I read the Kentucky revised statute anywhere where the word firearm was mentioned. Looked for any law that had anything to do with possession /carrying of a firearm in the US. And got on here for a month talking to everyone before I carried. My father and brother-in-law both still thought that I couldn't possess a handgun. Then I OC'ed at walmart and two sheriff deputies showed up at my house to talk to me. One was a family friend, he showed up to keep me out of trouble. After I pointed out that I didn't break any laws he left, but the other deputy stayed looking through this HUGE book trying to find something to arrest me on. He radioed dispatch and everything. He left after telling my mother that someone is going to be like "if you're man enough to carry, are you man enough to use it" to me.

    After that mother sat me down and MADE me show her all the gun laws in KY. Now she don't bother me about my carrying, but she still don't like it.

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    From http://www.handgunlaw.us/states/mississippi.pdf:

    RV/Car Carry Without A Permit/License [in MS]

    SEC. 97-37-1. Deadly Weapons; Carrying While Concealed; Use or Attempt to Use; Penalties.

    (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

    § 45-9-55. Employer not Permitted to Prohibit Transportation or Storage of Firearms on Employer Property;
    Exceptions; Certain Immunity for Employer

    (1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area.

    (2) A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property.

    (3) This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business.

    (4) This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.

    (5) A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section.

    HISTORY: SOURCES: Laws, 2006, ch. 450, § 2, eff from and after July 1, 2006.
    Last edited by ecocks; 12-09-2011 at 02:53 AM.

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    Regular Member Jack House's Avatar
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    Quote Originally Posted by GunGuy20 View Post
    I didn't speak to the agent. I just have my mother on my back now. I'm a delivery driver and I have the sidearm to be safe. Now she thinks I'm going to get arrested because "the agent said you would". Its quite aggrivating because she doesn't know gun laws. I tried to tell her that its not against the law at all for me to have it in my car.

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    I've ranted about crap like that a number of times. Too many people take the word of an officer as if it were the infallible word of God. And often times in doing so, they are taking extremely illegal and mind bogglingly stupid advice. When you try to point out how stupid the advice is or how it's guaranteed to get you prison time, they just dismiss you as not knowing what you're talking about because obviously you're not a cop so what do you know. I've mentioned this before, but I'm going to mention it again. I've seen officers, current and former, give people advice that is a one way ticket to death row. I've tried pointing out the flaws many times, but most people dismiss me as not knowing what I'm talking about. It makes my blood boil.

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    Regular Member sraacke's Avatar
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    09, there have been similar incidents here in La. A few years ago a 19yo OCer was detained at a Walmart in Hammond, La and spent a couple of hours in the back of a police car as the police tried to sort out the legality of it.
    Louisiana Open Carry Awareness League (LOCAL) has addressed this by contacting agencies across the state and informing them of the relevant laws which they need to remind their officers of through training.
    Still, we continue to have problems. My neice, a mother of one and who just adopted 2 other children, had a problem with a neighbor and had her pistol with her when she called the Sheriff's Office. The Deputies responded that because she was only 20yo she was not legally able to own/have the pistol she keeps for defense. She called me to verify the facts but was concerned when the deputy stated that if he was inclined he could confiscate her firearm due to her being under 21.

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    Regular Member Fallschirmjäger's Avatar
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    Solution is simple:
    Go up to Mr G-man and say "Hey, sparky; you said it's a serious Federal offense for me to own a handgun, right? Well, I do, and you're a Federal Agent, so how about enforcing some serious Federal Law and arrest me? Hail, I'm even recording my confession to committing a federal crime, how much easier can I make it on you?"

    Even better, do it in front of witnesses, I'm sure everyone will enjoy Mr Junior G-Man's consternation.

  11. #11
    Regular Member GunGuy20's Avatar
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    I'm still unable to break down the wall. Looks like I'm going to have to travel sans sidearm if she wont stop. It's ridiculous.

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    Regular Member Badger Johnson's Avatar
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    Break down the wall? Is your M-i-L threatening to call the cops and turn you in? If not, why is she even involved in your business. Please tell me you're -not- living with her.
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    Regular Member MKEgal's Avatar
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    Hey OP - print out the PDF linked below, highlight the # & text of the LAW, & show it to your mom.
    She, in turn, can show it to the FBI guy.
    You might want to keep a copy on hand until you turn 21, in case you run into other uninformed LEO of various flavors.

    Quote Originally Posted by ecocks
    From http://www.handgunlaw.us/states/mississippi.pdf:

    RV/Car Carry Without A Permit/License [in MS]

    SEC. 97-37-1. Deadly Weapons; Carrying While Concealed; Use or Attempt to Use; Penalties.

    (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
    HISTORY: SOURCES: Laws, 2006, ch. 450, § 2, eff from and after July 1, 2006.
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    Regular Member hermannr's Avatar
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    Gunguy 20: Grandpa speaking here...now is the time to tell your mom (respectfully), no, it is not against the law...here is a copy of the law that states you can carry at 18...and no, I am not going to stop carrying, I need it for my protection.

    Then show her this: http://en.wikipedia.org/wiki/Pizza_delivery

    Now, I do not know if you deliver pizza or not...but delivery is delivery...convicer her with the law, and the reason...does she have any fire alarms in the house???

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    Activist Member swinokur's Avatar
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    IIRC, the only prohibition on purchase under 21 is from an FFL. State law applies in the other cases.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by GunGuy20 View Post
    I'm still unable to break down the wall. Looks like I'm going to have to travel sans sidearm if she wont stop. It's ridiculous.

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    If your mother is not your employer, or a supervisor for the company you work for, how can ANYTHING she says have any effect on how you conduct yourself while "on the clock"?

    Show her the laws. BEG the FBI agent she knows to arrest you after admitting to owning a firearm (recording the entire encounter, of course).

    Then just CARRY ON...
    Last edited by Dreamer; 12-11-2011 at 12:15 PM.
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    Regular Member Baked on Grease's Avatar
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    Quote Originally Posted by GunGuy20 View Post
    I'm still unable to break down the wall. Looks like I'm going to have to travel sans sidearm if she wont stop. It's ridiculous.

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    NO! I know it is hard, being that she is your mother, but you are an adult, your own person now. If she doesn't like it, too bad. Leaving yourself defenseless because she is uncomfortable doesn't make sense.

    Show her the laws others have quoted above, if she still insists that it is illegal, tell her to call the police to arrest you. If she won't, tell her to stop complaining/worrying about it.

    Again, I know it is hard in considering your relationship but at somepoint everyone has to make a stand for what they believe in.

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    Last edited by Baked on Grease; 12-11-2011 at 01:06 PM.
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

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    Regular Member oak1971's Avatar
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    Show her the law and refuse to discuss the matter anymore. She can't stop you unless you let her. Man up.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    "Never ask a cop for legal advice" applies to the feds, too.

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    I would not be to hard on him. He most likely will lose his mom and his home if he "man's up". It sounds like he might still live with mom.

    If he does stand up to her in a nasty way, he will be out.

    He needs to try and be as professional as he can. Show her the facts, and try to explain to her the laws. try and make her see that while one officer said it is wrong, that it was only his opinion, and not the law.

    LEO's do not have to be lawyers or judges. They do not have to know the law. IF you carry, you DO HAVE to know each and every firearm law that is on the books re: the method of carry.

    Your mom is just scared for you. Try and see her side. Sway her to your side with facts, not emotions

  21. #21
    Regular Member SouthernBoy's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    Solution is simple:
    Go up to Mr G-man and say "Hey, sparky; you said it's a serious Federal offense for me to own a handgun, right? Well, I do, and you're a Federal Agent, so how about enforcing some serious Federal Law and arrest me? Hail, I'm even recording my confession to committing a federal crime, how much easier can I make it on you?"

    Even better, do it in front of witnesses, I'm sure everyone will enjoy Mr Junior G-Man's consternation.
    If I'm not mistaken, the FBI has no jurisdiction in such matters anyway.
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