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ATF: It IS legal for individuals aged between 18 and 20 to purchase, own handguns

Discussion in 'Firearm Laws & Legal' started by rur862, Nov 21, 2013.

  1. rur862

    rur862 Seattle Active Member

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    No need to say "must be 21" to purchase handgun in Washington State. It's simply not true. Selling handguns to adults over 18 is perfectly legal for private (non-FFL) sales. This article contains official letters from the Washington State Attorney General's office and the ATF proving that purchasing a handgun from a non-FFL is not illegal for individuals aged between 18 and 20.

    http://myfreedomfoundation.com/blog...s-between-18-and-20-purchase-and-own-handguns

    From the article:
    (By Conner Edwards of the Freedom Foundation)

    “Federal law generally prohibits anyone under the age of 18 from possessing handguns. Title 18, U.S.C., Chapter 44 prohibits [gun stores] from transferring handguns, or ammunitions for handguns, to any person who the [gun store] knows, or has reasonable cause to believe, is less than 21 years of Age. With respect to the transfer of firearms by a non-licensee, Title 18, U.S.C., Chapter 44 prohibits a person from selling, delivering or otherwise transferring a handgun, or ammunition that is suitable for use only in a handgun, to someone who the transferor knows, or has reasonable cause to believe, is less than 18 years of age. Therefore, non-dealers may transfer handguns or handgun ammunition only to persons 18 years of age or older, while dealers may transfer those items only to persons 21 years of age or older“

    This being said, you must be 21 years of age to apply for a concealed carry permit.

    Here are the most applicable rules related to possession of a handgun for individuals aged between 18-20 years of age...
    (RCW 9.41.240 is the guiding statute, exemptions include RCW 9.41.042, 9.41.050, and 9.41.060)

    If you are aged between 18-20 years of age, it is legal to possess a pistol in (but not limited to) the following circumstances...

    1) You are in your place of abode (pursuant to RCW 9.41.240(1))

    2) You are at your place of business (pursuant to RCW 9.41.240(2))

    3) You are on real property under your control (pursuant to RCW 9.41.240(3))

    4) You are engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited (pursuant to RCW 9.41.042 (2))

    5) You are traveling with an unloaded firearm to or from an established range or area where discharge of a firearm is not prohibited. (pursuant to RCW 9.41.042 (6))

    6) You have left the unloaded pistol in your locked vehicle obscured from outside view. (pursuant to RCW 9.41.050(3)(a))

    7) You are engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding. (Pursuant to RCW 9.41.060(8))

    8) You are carrying it unloaded and in a closed opaque case or secure wrapper (pursuant to RCW 9.41.060 (9))
     
    Last edited: Nov 21, 2013
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  2. drew

    drew OR Well-Known Member

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  3. rur862

    rur862 Seattle Active Member

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    I think that thread is a great source as well, only it is so long that it is difficult to find exactly where your concern is addressed. Personally, I think that the whole 18-20 not being able to buy pistols thing is such a widespread fallacy that it deserves its own thread.

    I used to be under 21 and it would drive me crazy that people would cite non-existent laws as an excuse not to sell to me. I always see "must be 21" to buy, and it makes just about as much sense as "must be 37 or older to purchase."

    I understand and sympathize with people who ask to see CHL permits. I would never do that myself, because it is not a legal requirement to have a CHL to purchase a pistol, but I at least understand their mentality even if I do not agree with it. That is different from non-existent age-based restrictions.
     
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  4. sasquatch

    sasquatch Everett, WA Active Member

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    It's not a complete fallacy, because an FFL holder cannot sell a handgun to anyone under 21 years of age.
     
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  5. drew

    drew OR Well-Known Member

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    True, it's a long thread.

    There's also some people in other threads on this subject that said they knew it was legal but wouldn't sell to people under 21.

    One of the nasty side effects of our current gun laws is that normal people don't know them and can be overly paranoid about what's legal. The federal ones are a pain to read. WA and OR aren't as difficult.
     
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  6. fredball

    fredball Vancouver, WA Well-Known Member

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    Not in the State of Washington it's not you must be 21 years old to buy a hand gun
    Unless they changed the in the last week .
     
  7. rur862

    rur862 Seattle Active Member

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    Yes, this is true, I make this clear in my post above.

    Illegal for FFLs, legal for private sales. If you click on the Freedom Foundation article it will take you to the letter from the ATF and WAGO explaining the law.
     
  8. rur862

    rur862 Seattle Active Member

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    No offense, but did you bother to read the article or my post?
     
  9. PlayboyPenguin

    PlayboyPenguin Pacific Northwest Well-Known Member 2016 Volunteer

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    I thought this was pretty much common knowledge. Is it legal in most states to sell a gun to a person 18-20 in a private sale? Yes, it is. Would I ever do it? God, no. I am not risking my reputation on the judgement of what I consider a child. Especially the ones these days.
     
  10. rur862

    rur862 Seattle Active Member

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    Well I respect your right to do so, although I disagree. I recently turned 21, and have been a legal handgun owner since I was 18.

    I have always been responsible with my firearms, and have taught many of my peers how to safely use and handle a firearm, dispelling many of the myths they have had about them.

    There are many "children" out there who are well into their thirties and forties. I would urge people to discriminate on a person to person basis, not just because of age.
     
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  11. ma96782

    ma96782 Vancouver, WA Well-Known Member

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    Old enough to VOTE or join the US Military......

    Are they really "children?"

    Aloha, Mark
     
  12. PlayboyPenguin

    PlayboyPenguin Pacific Northwest Well-Known Member 2016 Volunteer

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    Yes, and even more so today in the age of stunted maturity.
     
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  13. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Pretty much covers it....
    General site Rule : 3. Members must comply with local, state, and federal laws at all times.
    Legally, a firearm may never be sold across state lines without the involvement of an FFL.

    It is up to you to know the laws and therefore the site can not be held liable for giving legal advice.
     
  14. rur862

    rur862 Seattle Active Member

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    Sure, but selling to someone who is between 18-20 years of age is not violating local, state or federal laws?

    Federal law provides that legal age for owning firearm (both for long guns and handguns) is 18.

    State law recognizes that individuals between 18-20 can possess handguns, that is why we have RCW 9.41.240 "Possession of pistol by person from eighteen to twenty-one."

    Of course it is illegal to sell a handgun across state lines without the involvement of an FFL, no-one disputes that. I am speaking to the matter of inner-state transfers.
     
  15. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    PLEASE re-read what I posted " General site Rule : 3. Members must comply with local, state, and federal laws at all times".
    Legally, a firearm may never be sold across state lines without the involvement of an FFL.


    "It is up to you to know the laws and therefore the site can not be held liable for giving legal advice."

    It is also up to the seller to determine who he wants to sell to as well as researching the applicable laws.
     
  16. saxon

    saxon springfield Active Member

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    and these letters can be recided at ANY time as they are not LAW
    just ask the maker of the atkins accelirator etc etc
    and email reply is not a legal binding LAW
     
  17. bigcalidave

    bigcalidave Grants Pass Member

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    This has nothing to do with an ATF letter, this is federal law. Nothing illegal about a private sale to an adult over 18. It's not even up for interpretation. Personally, I'd sell to someone over 18, others may not want to. It isn't anyone's business to tell a private seller who they have to sell to.
     
  18. rur862

    rur862 Seattle Active Member

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    Yes, the letter reply is not legally binding law, but it references the applicable law in its answer.

    The law they reference may NOT be rescinded.
     
  19. idRATHERbeOUTDOORS

    idRATHERbeOUTDOORS Yamhill County Active Member

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    I'm 20 owned a handguns since I was 18. I understand the hesitation that some people have but most of my purchases have been through this forum and have gone smoothly. It's frustrating seeing so many awesome deals go by because the seller sets the 21 y/o age limit. But I won't deny i wouldn't trust many people my age either. but chances are those who are not trust worthy arn't long term supporting members of this forum with 100% feedback....oh well only have a little less than a year before I'm "responsible" i guess.
     
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  20. dwaineshort

    dwaineshort Vancouver WA Active Member

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    So it ok for them to go die in a war, but not buy a handgun?
     
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