handgun at 20?

[nwoutlaw]

hey guys, i know i have seen some threads on here about owning a handgun before 21 but was having a hard time tracking them down. i would appreciate any links you could provide. I'm 20 years old and would like to pick up a handgun, i have heard its ok if you do it through a private transaction, but my real question is transporting it. I would only take it out of the house to go to the range or woods to shoot and leave it in the very back of my car, is that legal? or if i get pulled over am i screwed? thanks for the help.

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[Kimber Custom]

Here's the thread you are looking for.

http://www.northwestfirearms.com/forum/showthread.php?t=28135

This is the exception that makes you legal to transport two and from acceptable activities (hunting, range etc)

RCW 9.41.042

(6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;

 

[nwoutlaw]

http://apps.leg.wa.gov/Rcw/default.aspx?cite=9.41.042

i see under number 5 it says using a lawful firearm other than a pistol, does that automatically disqualify me from transporting it or am i reading it wrong?

 

[M.Link]

I have first hand experiance with this. My girlfriend and I were in my truck and her coffee split and we were kinda "thrashing" around trying to clean it up and some nosey idiots called the cops and said I was beating her up...the cops showed up, asked if there were any weapons. I had my 1911 under the center seat (kinda a secomd console), unloaded, in a holster. The cops ran the numbers, called the Sargent, and gave me a big hassle. Ended up telling be to put it in the storage area under the rear seat and said I was good to go. I think it has a lot to do with the cop and your attitude. Just tell them as soon as they get to your window, don't have it loaded, sit still, and do what they ask. You should be fine. Another time, they just asked where it was and said don't reach in that direction for any reason.

 

[YFZsandrider]

Not to hijack the thread.... but is it okay, to sell a handgun to someone under the age of 21?

All the info is listed about the legality of posessing one while underage, but is it legal for a seller to sell to someone he knows is not 21?

 

[JUSTIficatioN]

as long as the seller is not an ffl and the person under 21 doesn't have anything on his record that would bar him from owning it, then yes it is legal as long as he is at least 18 years old. A private sale or gift I think are the only ways to obtain a handgun under the age of 21.

by the way sandrider, thats a sweet dan wesson you have for sale there, if I only had the cash.
Would you take my girlfriend for it? Only 50 rounds down the pipe

 

[YFZsandrider]

by the way sandrider, thats a sweet dan wesson you have for sale there, if I only had the cash.
Would you take my girlfriend for it? Only 50 rounds down the pipe

Lets see some pics!

 

[nwoutlaw]

Lets see some pics!

x2!!

 

[YFZsandrider]

Hey! Get outta here, this is between me and her!

 

[nwoutlaw]

sorry!! wasnt trying to block you, simply guiding you....thats all.

 

[nwoutlaw]

..

 

[JUSTIficatioN]

thats her on the left there at a family get together a few years back

 

[nwoutlaw]

 

[YFZsandrider]

uh....

nevermind!

I don't like girls who can put up a fight.

 

[nwoutlaw]

Anyways.....so i am ok to transport a handgun if say i had it in a range bag in the back of my suv unloaded and ammunition in a seperate container??

 

[YFZsandrider]

I take it... we're not gettig any pictures of the girlfriend

 

[gogoDawgs]

Legal to posses through a private sell, but usually a gift from a family memeber: 9.41.040

(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.

(b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to chapter 9A.20 RCW.

(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

(i) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);

(ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;

(iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042;

Legal to posses: 9.41.240

Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:

(1) In the person's place of abode;

(2) At the person's fixed place of business; or

(3) On real property under his or her control.

Restrictions on Carrying: 9.41.050

Carrying firearms.

(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.

(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

(b) A violation of this subsection is a misdemeanor.

(3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.




Possible exceptions to this limitation: 9.41.060

The provisions of RCW 9.41.050 shall not apply to:

(1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state;

(2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

(3) Officers or employees of the United States duly authorized to carry a concealed pistol;

(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

(5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

(6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper



Therefore, if you posses a handgun over the age of 18 but not 21 you could open or conceal carry a loaded firearm to and from any of the activities listed above. I would make sure that you keep all receipts of your activity. (IANAL)

 

[YFZsandrider]

So, then, I have seen no restriction against selling a firearm to anyone under 21, is that right? If I sell to someone atleast 18, but under 21, what business is it of mine what they do with the firearm, and how they transport it?

 

[JUSTIficatioN]

I take it... we're not gettig any pictures of the girlfriend

no camera, sorry dude. Even if I did have one i dont know that i would post a pic of her and then come to find out months later that some fat dude in his basement photoshopped her into a compromising position.

 

[YFZsandrider]

no camera, sorry dude. Even if I did have one i dont know that i would post a pic of her and then come to find out months later that some fat dude in his basement photoshopped her into a compromising position.

Hey... I don't have a basement!




Its all in fun, dude!