Just curious.  Is it legal or not?






Edit:  Me fail english, thats unpossible.

This is what I've found on the subject, excerpted from the Code of Virginia:

§ 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.

This section shall not apply to:

1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and

4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.

(1993, cc. 467, 494; 2003, c. 976; 2004, c. 995.)

Excerpted from the ATF FAQs page (http://www.atf.gov/firearms/faq/faq2.htm#d2):

Yes. Longguns and longgun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some state and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If state law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement. [18 U. S. C. 922( b)( 1), 27 CFR 178.99( b)]

I'm no lawyer or anything, but in my understanding, federal regulations only apply when the sale is done through a licensed dealer, not a face-2-face sale.  According to VA law, possession of a firearm is fine as long as you're 18.  I'm 20 and I take a pistol to the range frequently.  Of course, everything said thus far is purely my opinion and I'm not qualified to give "legal advice."  I recommend you consult a competent attorney to know for sure.  Hope that helps.  MJD  
By the way, what's for sale???  

ATF, federal law violation I think.  Hmm, may be grey area between state and federal, but if a crime is commited with it lookout.

i thought you had to be 21 years!

from the enemy itself (Brady Campaign)


Q: What are some of the proposed regulations?

A: Currently, licensing requirements vary between states. The proposed system for an applicant to receive a license would include:

Minimum age of 21. Currently, federal law prohibits federally licensed firearms dealers from selling handguns to persons under 21. However, a loophole in federal law allows the private sale of handguns to persons between the ages of 18 and 20. Only 12 states prohibit such sales to juveniles. Most states do not even require a background check for private sales to people under 21.

Department of the Treasury and DOJ report (i know its a little old)

Current federal minimum age regulations relating to firearms vary by type of gun and means of
access. The Gun Control Act of 1968 made it unlawful for federal firearms dealers to sell handguns
to persons under 21. The Youth Handgun Safety Act of 1994 generally prohibited transfers
of handguns to and possession of handguns by anyone under 18. Exceptions include official
military use, and the following activities with the written consent of the parent or guardian:
employment, ranching, farming, target practice, hunting and handgun safety instruction. Persons
between the ages of 18 and 21 may still acquire handguns from non-licensed sellers.

good discussion on glock talk

Maybe I'm wrong but I think you can sell it to him if his parents or guardians maintain possesion of it till he's 21. Am I smoking crack on this one?

No, the federal law ONLY applies if you are an FFL DEALER . Private party sales are regulated by state law.

VA state law says it's OK over 18.

Quoted: VA state law says it's OK over 18.

You have that handy?  I was under the, maybe misguided, impression that you had to be 21.

Quoted: Quoted: VA state law says it's OK over 18. You have that handy?  I was under the, maybe misguided, impression that you had to be 21.

Highwayman posted the law. look up

many many people are confused about this law.  Federal regulations only set that you have to be 21 to purchase a hangun from a licensed dealer and 18 to possess a handgun, federal regulations set no limit on the age of rifle possession.  Now most states (not all) follow this same law, 18 to possess any firearm.  


So to answer your question, yes it is legal to sell a 19 a handgun privately but make sure your state law says this.

Quoted: Maybe I'm wrong but I think you can sell it to him if his parents or guardians maintain possesion of it till he's 21. Am I smoking crack on this one?

wrong. at 18 you can possess and buy privately (depends on state law) a hangun but cannot buy from a licensed dealer till 21

Quoted: Quoted: Quoted: VA state law says it's OK over 18. You have that handy?  I was under the, maybe misguided, impression that you had to be 21. Highwayman posted the law. look up www.perryhillroadchurchofchrist.com/Up%20Arrow.jpg

Duh......

I misread and thought that was federal.

Virginia link

What is the legal age to purchase or possess a firearm?
A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, you must be at least 21 years of age, pursuant to federal law. For statutory regulations concerning underage persons possessing firearms, refer to Virginia Code §18.2-308.7, possession or transportation of certain firearms by persons under the age of eighteen.
What is the legal age to purchase ammunition?
Virginia law does not address age requirements for the purchase of ammunition. Federal law requires an individual to be at least 21 years of age to purchase handgun ammunition, and at least 18 years old to purchase rifle or shotgun ammunition.


I find no exemptions to exclude a private sale from the 21 year old limitation.

What did I miss?

That all has to do with sales between a person and a licensed dealer.

I know someone who sold a pistol to a 20 year old, person to person and the ATF and the sheriffs Department is still doing a anal probe on him for doing so, I am not doubting the law of debating the merits of sales.

But this man is at odds on what they are going to do to him.

So, do we have a definitive answer for this yet?

Quoted: So, do we have a definitive answer for this yet?

There is no Federal Law restricting the sale of a handgun to a person under 21, only  Licensed dealer sales have the 21  restriction.

Ahhh yes, Federal law doesn't prohibit this.  The wording of the State law refers "pursuant to Federal" law, but the Feds don't prohibit this.  But, anyone have a definitive answer for the State of Virginia.  That's my quandry.....

Quoted: Ahhh yes, Federal law doesn't prohibit this.  The wording of the State law refers "pursuant to Federal" law, but the Feds don't prohibit this.  But, anyone have a definitive answer for the State of Virginia.  That's my quandry.....

Thats where I am ignorant on the law.  I know in FL you can but dont know about VA.

But there was a quote above that spelled out possession of a handguns.

Ask the VaSP, why don't cha? They have a web site....http://www.vsp.state.va.us/
if you don't find it up front send them an email...hug.gif

I did, thanks.  I will post their response when I get it.  Thanks for the help, gents.


toast

OK, from the State Police...

Dear Mr. xxxxxx, While it is the general policy of this agency to provide assistance and information to private citizens whenever possible, the Department of State Police does not provide legal advice, opinions, or statute interpretation to private individuals. Private gun owners may not transfer to a person who is  prohibited by state or federal law. General information pertaining to concealed handgun permits and Virginia firearm laws is provided via our website at www.virginiatrooper.org/. Persons needing legal advice may contact Virginia Lawyer's Referral Service (1-800-552-7977). Sincerely, Donna K. Tate, Manager Firearms Transaction Center Virginia Department of State Police

Ummmm....great answer.  From the NRA's web site..NRA Web Site


Virginia - It is a crime for any person to sell, give or otherwise furnish a handgun to a minor if he has reason to believe that the buyer or recipient is under 18, unless such transfer is made between family members or for the purpose of engaging in a sporting event or activity. A person under 18 shall not possess or transport a handgun or assault firearm. This prohibition does not apply to a minor in his own home or on his property or on the property of another with prior permission, while accompanied by an adult while hunting, at a range or firearm educational class, and while transporting an unloaded firearm to and from such activities. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult.


So it looks like 18 to 20 is OK.


toast