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Citizen

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Location
Fairfax Co., VA
While viewing a YouTube video of a stop of an OCer in MO, I hear one of the officers state that the OCer must provide his info to verify that he is old enough to be in possession of a handgun. The OCer correctly states that there is no MO Statue for age requirement for the possession of a firearm. The officer states that it is a Federal requirement. I have never heard of such a Federal requirement. When the OCer asks if anyone at the local station will be able to provide a statue, he is told to call the FBI.

Does anyone know if there is, in fact, a Federal age requirement for firearm possession? If there is could someone please provide a link to it? Here's a link to the video.

http://www.youtube.com/watch?v=vIpO...xt=C33c0068ADOEgsToPDskLMzFdiiW0-FJbBDZgCIkGF


Thanks for any info.


Rule Number Two: Never, never, ever accept law from a cop. They are not required to be truthful; neither is their role that of an attorney.


The first problem I would have is with a cop demanding ID to verify age. Nope. Its up to the cop to have or develop probable cause that the OCer is not of legal age.

I am not a lawyer. Here is my analysis. Unless MO has a stop-and-identify statute that compels handing over an identity document, the cop is out of luck. If MO has a stop-and-ID statute or court opinion requiring verbal identity, then that would be all the OCer can be compelled to give. Even if the cop has some strained or tortured RAS because the OCer looks like he might be underage, the cop has no way to get to probable cause for a citation or arrest if the OCer stands pat and gives only verbal identity.

Now, if the OCer looks to be twelve years old, then its not really a matter of RAS anymore, its probable cause.

With all that said, if I were a young-looking OCer, I would hand over the identity document while refusing consent. "I'm only providing this because you've demanded it in a way that makes me think compliance may be compelled." I would do this because who knows how a judge would rule if the cop cited or arrested me for not proving I was old enough. Plus, since the suspected offense is an age-gun issue, the cop is not going to let me keep the gun if he issues a citation. He'd be contradicting his own claimed probable cause if he let me keep the gun. So, I would pick and choose my fights, and this would not be one; I would hand over my ID while politely verbally refusing consent. Then I'd fight back later with a formal written complaint, or lawsuit if he got further out of line.
 
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OC for ME

Regular Member
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Out of date information. Missouri has not had the "permit to aquire" since 2007. NRA seems to be way behind on this, 4 years is a long long time not to update legal information when you are supposed to be an authority on it.
If you send the NRA more money they may investigate the timeliness of their web posted information....or not.
 

OC for ME

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Alternatively, if you see incorrect information, you could try simply forwarding them the correct information.



Have you tried?
Me, try to have the NRA correct 4 year old information on their website? 4 year old information....on their website? Really? At this point I would think the discussion should not be about the information, but why the NRA has information that is 4 years old on their website.

Does Missouri have a NRA-ILA guy in Jeff City?
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
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Location
Fallon, Nevada, USA
Me, try to have the NRA correct 4 year old information on their website? 4 year old information....on their website? Really? At this point I would think the discussion should not be about the information, but why the NRA has information that is 4 years old on their website.

Does Missouri have a NRA-ILA guy in Jeff City?

Why not you? :confused:

You seem to be more focused upon jumping up and down about 'look at how wrong that is!' instead of helping make a change.
 

OC for ME

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I stated "you seem to be...." I never stated that you are.

The info is wrong, has been for quit some time....no big deal.

I likely misunderstood your request that I inform the NRA regarding incorrect information on their website and how it has been incorrect for four years.
 

wrightme

Regular Member
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Messages
5,574
Location
Fallon, Nevada, USA
I stated "you seem to be...." I never stated that you are.

The info is wrong, has been for quit some time....no big deal.

I likely misunderstood your request that I inform the NRA regarding incorrect information on their website and how it has been incorrect for four years.

That is very likely, since I didn't make such a request of you.


Once again, It is obvious that you are more focused upon what is wrong, than upon working towards a solution.
 

LMTD

Accomplished Advocate
Joined
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Messages
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The NRA is not what I would call and open carry advocate.

The MSSA is the MO NRA and they are not open carry advocates, many of the leadership indeed speak strongly and impolite of open carry advocacy.

I have helped them in the past, and will do so in the future, but right now my main focus is on open carry for Missouri.

While I appreciate the thoughts, I went to the link to see if I might find information that could help OC, I did not, noted the error and while I understand persons thinking it would not be much effort, I did not go there to clean their house.

The NRA is supposed to be the go to place for accurate information and firearms advocacy, I am simply noting that they are not doing a very good job. It is also notable that the folks at the MSSA, indeed have board members who are indeed the lobbyist that got that law changed. One would think they would have corrected it 8-28-2007 when it changed.

Many of them read along here to see whats going on, they are quite welcome to correct their error.
 

wrightme

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Messages
5,574
Location
Fallon, Nevada, USA
The NRA is not what I would call and open carry advocate.

The MSSA is the MO NRA and they are not open carry advocates, many of the leadership indeed speak strongly and impolite of open carry advocacy.

I have helped them in the past, and will do so in the future, but right now my main focus is on open carry for Missouri.

While I appreciate the thoughts, I went to the link to see if I might find information that could help OC, I did not, noted the error and while I understand persons thinking it would not be much effort, I did not go there to clean their house.

The NRA is supposed to be the go to place for accurate information and firearms advocacy, I am simply noting that they are not doing a very good job. It is also notable that the folks at the MSSA, indeed have board members who are indeed the lobbyist that got that law changed. One would think they would have corrected it 8-28-2007 when it changed.

Many of them read along here to see whats going on, they are quite welcome to correct their error.

The question was as to what age a person could own a firearm, and that was the first link that showed in my search, nothing more, nothing less.

"Does anyone know if there is, in fact, a Federal age requirement for firearm possession? If there is could someone please provide a link to it?"

If you went to that link 'looking for information that could help OC,' you took it out of context. The link was presented as a response to the question about a federal statute, which it provided. The stuff you point out was tertiary at best.
 
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OC for ME

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http://codes.lp.findlaw.com/uscode/18/I/44/922

18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transfer or knows or has
reasonable cause to believe is a juvenile -
(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.
(5) For purposes of this subsection, the term "juvenile" means a
person who is less than 18 years of age.

You can be 18 to possess. You can be 18 to purchase via a instate private sale.
 

OC for ME

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The NRA is a vital ally in the protection of our 2A right. They have been and they will always be. I just wish that they would at least keep their information resources up to date. Show a little enthusiasm for the little things. It is the little things that count sometimes.
 
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