Topic: Private Sales Undr 21yo(WTB kel-tec PF9)

[romo23]

i was 20 three years ago, I just reconfirmed today with a friend who is a cop that you can not buy a firearm their are federal laws against it but no idaho laws he said.

[crj]

CHAPTER 33
FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS
 18-3302A. Sale of weapons to minors. It shall be unlawful to directly or indirectly sell to any minor under the age of eighteen (18) years any weapon without the written consent of the parent or guardian of the minor.

At 19; Silver is good to go, and quite possibly, the most well spoken 19 yr old in Idaho.
 

[zona5101]

CHAPTER 33
FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS
 18-3302A. Sale of weapons to minors. It shall be unlawful to directly or indirectly sell to any minor under the age of eighteen (18) years any weapon without the written consent of the parent or guardian of the minor.

At 19; Silver is good to go, and quite possibly, the most well spoken 19 yr old in Idaho.
 

The law in question is a federal law. It is a federal law that prohibits the sale of handguns and handgun ammunition to persons under 21.

Try this: find a willing high schooler, have them get a note from their mom, then go into Cabellas and try and buy a handgun.

[romo23]

The law in question is a federal law. It is a federal law that prohibits the sale of handguns and handgun ammunition to persons under 21.

Try this: find a willing high schooler, have them get a note from their mom, then go into Cabellas and try and buy a handgun.

As zona stated it is a federal law that is the issue, there are no idaho laws that restrict him from buying a handgun from private party. good luck to you either way. their are so many different laws and different sections to search through it would be quite hard to assure 100 percent you can buy from private party. I would recommend contacting the boise atf office and asking them they will know for sure. They are nice people i have dealt with them before with surrendering a firearm we found when my grandpa passed.

[crj]

Yeah, Federal is talking about dealers selling to persons under 21.  The only thing I can find about private sales is " unlawful to those under 18."

19 and 20 year olds shouldnt be allowed to defend themselves.
Those 18 and under? Forget it!  Not even a knife for you! Creeps never go after the young ones anyways.
Now go die for your country kids... 

[zona5101]

Yeah, Federal is talking about dealers selling to persons under 21.  The only thing I can find about private sales is " unlawful to those under 18."

reread ID Tactical's post. It specifically addresses private party transactions with restrictions on prohibited persons the same as the law covering dealers (from federal law)

You can at under 18 own and possess a handgun in ID. No one is disputing that (I don't believe). It is the purchase of the handgun itself whether private party or licensed dealer that is in question (specifically under Federal Law).

Bottom line is what Romo says - there are so many laws to wade through it is almost imposable for layman or lawyer to really know. Considering the consequences if you're wrong could be pretty steep... Felon, never own a gun for life - you know the drill....

[emathey]

reread ID Tactical's post. It specifically addresses private party transactions with restrictions on prohibited persons the same as the law covering dealers (from federal law)

You can at under 18 own and possess a handgun in ID. No one is disputing that (I don't believe). It is the purchase of the handgun itself whether private party or licensed dealer that is in question (specifically under Federal Law).

Bottom line is what Romo says - there are so many laws to wade through it is almost imposable for layman or lawyer to really know. Considering the consequences if you're wrong could be pretty steep... Felon, never own a gun for life - you know the drill....

His GCA quote talks about licensees transferring handguns to persons under 21.

[crj]

What did I get myself into?   

Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.


Again no federal law in the link about selling to persons under 21... In fact GCA doesnt even care about any records being kept on same resident state FTF transactions.

[Grumblecakes]

gonna wade into this one... is it worth the risk? if the question does come up, ie your arrested with it or what ever. Is it gonna be worth the trouble? You and the internet lawyers, even the sheriffs office may all side one way BUT if the atf/feds get involved they may and probably will interpret it another, even if you win a legal case your sill out your time and money. And will probably get flagged/denied when purchasing a firearm in the future. personally i wouldn't chance it

[zona5101]

His GCA quote talks about licensees transferring handguns to persons under 21.

Again no federal law in the link about selling to persons under 21... In fact GCA doesnt even care about any records being kept on same resident state FTF transactions.

 here's how I read it  (YMMV)

Step one - restrictions for regular joes:
Under "unlicensed person" which is a private seller...
"Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA"


Step two - ties regular joes to GCA:
"Enactment of section 922(x) making it unlawful to sell handguns to juveniles (persons under 18 years of age) and for juveniles to possess handguns did not alter section 922(b)(1) of the GCA that continues to prohibit licensees from transferring handguns to persons under 21 years of age."




I don't care either way but i say it can be trouble and who needs it? Someone suggested a call to BATF and that's probably the only way to really know how the Feds (those guys that would be doing the prosecuting) feel about it.

[popsgunner]

LOL,
 

[tgibson]

grumblecakes makes a good point.  Why don't you just NOT risk it, be patient and wait till you are 21?  If you can be in possession of one, why don't you come shoot some matches, take some classes and get proficient with it.  Then at 21 you'll be that much more ready to carry one.  Not trying to disrespect you, but there are very few people under the age of 25 who are mentally mature enough to not only carry a gun, but have given serious thought to TAKING ANOTHER HUMAN BEINGS LIFE.  
This might be you.  I don't know.  All I'm getting at is another year or two of "life experience" isn't going to hurt anything.  Just sayin'.
Adios,
TG

[Evergreen]

, but there are very few people under the age of 25 who are mentally mature enough to not only carry a gun, but have given serious thought to TAKING ANOTHER HUMAN BEINGS LIFE. 
This might be you.  I don't know.  All I'm getting at is another year or two of "life experience" isn't going to hurt anythi

ANd yet, this is the majority of the age group that has served and protected our country throughout the ages.  Personally, there isn't many people under the age of 90 who are mentally mature enough with serious thought of taking human life.  I, personally, think if an 18 year old is old enough to serve and die for our country, that they should have every right to carry a handgun.

With that being said the law is the law and I don't believe any seller should do anything to put themselves in harm's way.  There was a guy in Washington who wanted to buy a rifle from me in a FTF deal, because he said he didn't believe in FFLs.  Being an Oregon resident, that would have been a felony.  Well, I'm thinking he was either a felon/ATF agent, but I turned down the deal, not because I believe it is wrong to sell to someone across the border, but I don't want to risk committing a felony by the anti-RKBA laws that still rule over us.  The law is the law and you are better off fighting it through legal means then by becoming a felon.

I see the OP's dilemma.  From reading his posts, I feel his intelligent and responsible and certainly should have the right to conceal a handgun. After all, he is a tax paying adult, an American citizen at the age of 18-20.   However, the laws are what they are and he should not put himself in a position where he can jeopardize his freedom due to draconian laws. 

My only thought for those with fears of maturity under the age of 21 would be to mandate an extended firearms training program for those under 21 to acquire a permit.  That is just my thoughts.   Personally, I think anyone who can pass through a long firearms training course, regardless of age, is better equipped to handle a handgun then many, unqualified CHL holders.

[Jeff]

Back off topic again.

I (Sawtooth Tactical and BoiseShooters.com) agree with zona5101's interpretation.  You (as in anyone reading this) can decide for yourself.