under 21 with a handgun

[jordanka16]

I believe state law takes precedent over federal law in this case, the defacto is that under 21 it's no handguns, but states can set their own laws.

We need a lawyer here.

 

[sinco54]

I believe state law takes precedent over federal law in this case, the defacto is that under 21 it's no handguns, but states can set their own laws.

We need a lawyer here.

Im in complete agreement with that!!! But get this, in which point in a geographic area do you have to be for this to be a federal offense? sure oregon has its own laws but so do the other states dont they?
Im no law guy or anything but i thought federal law was federal law.. You rob a bank thats a federal offense, no matter where you are..

 

[jordanka16]

It's a federal offense when you cross state lines, if you rob a portland bank, and flee to washington, it's federal. If you stay in oregon, it's not. The feds only get involved if you transfer firearms across state lines

 

[PhysicsGuy]

Am I reading the federal one wrong then? cause the way Im reading it its sayin under 21, no hand gun. shot gun/riflr or ammo ok..

" and prohibits selling
or delivering a firearm other than a shotgun or rifle, or ammunition other than
for a shotgun or rifle, to any person under 21"

Yes you are reading it wrong, read the first sentence again;

VII. SELL, DELIVER OR TRANSFER TO JUVENILE
18 U.S.C. § 922(b)(1) prohibits a Federal firearms licensee from selling or
delivering a firearm or ammunition to a person under 18, and prohibits selling
or delivering a firearm other than a shotgun or rifle, or ammunition other than
for a shotgun or rifle, to any person under 21. Punishable by up to 5 years.

I believe state law takes precedent over federal law in this case, the defacto is that under 21 it's no handguns, but states can set their own laws.

We need a lawyer here.

Federal regulations always overrule state ones dealing with firearms.

 

[Hawaiian]

All I know is that if I was not 100% clear on the law, I would not do it. Period.

 

[ZachS]

Not a lawyer, just a law student. Some quick research didn't turn up any cases on this subject, but according to the Constitution's "supremacy clause," federal law always trumps state law:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.

U.S. Constitution art. VI

What it means is that until a particular federal law is found unconstitutional by a federal court, it is the supreme law of the land. This is true even if the law seems to intrude on powers that should be reserved to the states: under Article III of the Constitution, the federal courts have always been responsible for determining whether or not such laws are unconstitutional.

There's a little more information and some links here: http://en.wikipedia.org/wiki/Federal_preemption


In order to comply with the constitution, Congress has limited the application of many federal laws to interstate transactions - but unless "interstate commerce" or some other such language is included in a federal statute, the statute will apply to activities that only take place in a single state.


In short, it's illegal to sell or transfer a handgun to somebody under 21 - no matter what state law says.

*edit* If the federal law does indeed only apply as written to FFL holders and interstate transactions, then it would presumably be fine. Personally, I'd call the ATF and see what they had to say about it.

 

[.45's and .38's]

Over 18 and under 21 is legal. As long as the deal is a private sale/trade.

1.Im not a felon
2.OR resident
3.No FFL
4.Ive had a FFL call the ATF.......He said It is legal.

 

[ZachS]

Over 18 and under 21 is legal. As long as the deal is a private sale/trade.

1.Im not a felon
2.OR resident
3.No FFL
4.Ive had a FFL call the ATF.......He said It is legal.

Yeah, now that I've actually went back and read § 922 (which I should have done first), I realize that it's unambiguous:

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver--

(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

Oddly enough, it wouldn't surprise me if a court found this subsection to prohibit someone with a C&R license selling a non-C&R pistol to a person under 21 in an in-state FTF transaction. Although § 922 is peppered throughout with language about transactions that take place "in interstate or foreign commerce," prosecutors and courts love taking statutes as literally as they possibly can...



There is quite a bit of case law declaring it illegal for somebody without an FFL to "engage in the business of . . . dealing in firearms," § 922 (a)(1), even if he only does in-state transactions.

 

[xjjeeper223]

it's a federal offense when you cross state lines, if you rob a portland bank, and flee to washington, it's federal. If you stay in oregon, it's not. The feds only get involved if you transfer firearms across state lines

wrong

 

[spengo]

I have two handguns, I'm still 20. I bought them both in private FTF sales from this board actually.

 

[.45's and .38's]

me 2. On this forum too. im trying to trade right now

 

[glockguy]

heres the DEAL! It is NOT ILLEGAL to Posses a handgun under the age of 21 you just cant buy one from a DEALER until the age of 21