View Full Version : 19 and handgun
January 13, 2009, 04:31 PM
I'll be 19 soon (still not 21 :( ) and I've been wanting a handgun for a while now. I know I have to be 21 to legally purchase a firearm, but is it possible for my dad to buy a handgun, then legally sell it to me? I saw another thread that said "ASSUMING that it is legal for you to own a handgun at 18 in your state of residence, if you can find a NON-dealer within your own state who is willing to sell you a handgun then you can purchase it from them (and they can legally sell it to you) in a face-to-face transaction."
California law says that "Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the; buyer is denied), must meet the normal firearm purchase and delivery requirements."
This means that I cannot have a handgun until 21 right? But I saw "The only requirements are that the Handgun Safety Certificate (HSC) applicant must be at least 18 years of age and must present clear evidence of identity and age by presenting a California Driver's License or California Department of Motor Vehicles Identification Card." And seeing as I need that test to own a handgun, does this mean I can legally buy and own one?
I'M SO CONFUSED! :(
tote'n a roscoe
January 13, 2009, 04:41 PM
yes that is correct. if you are 18 or older u can legally be given or sold to you, a handgun from a non dealer such as you dad or anybody from the state you live in. that was my tread i started that you read and i am also 19 and my girlfriend bought me a handgun for christmas. we both live in indiana, also check your local laws if 18+ year olds are allowed to have carry and conceal permits, if so then you are allowed to legally own handguns.
happy hunting brother
January 13, 2009, 04:46 PM
The cali law says I have to be 21 to apply for a ccw permit.
tote'n a roscoe
January 13, 2009, 04:48 PM
do u live in cali
January 13, 2009, 04:49 PM
yes that is correct. if you are 18 or older u can legally be given or sold to you, a handgun from a non dealer such as you dad or anybody from the state you live in.
NOT in CALIFORNIA! All private transactions must go through an FFL in California! Your dad can "loan" you "his" gun, and then when you are 21 you can buy "his" gun.
Wait a minute... I take that back.... I think there is an exception for immediate family members: parent to child. Hold on... going looking.
tote'n a roscoe
January 13, 2009, 04:51 PM
yes i know there is an acception for family mambers
January 13, 2009, 04:59 PM
"paper" page 42.
Your parent or grandparent can sell you the handgun, without going through an FFL, provided that you complete the Handgun Safety Certificate and report the sale to the CA DOJ:
Sales, Loans, or Transfers of Firearms
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section 12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan, or transfer is completed through a licensed firearms dealer. or law enforcement agency. (Penal Code §§ 12071, 12072, 12082.), 12084.)
Exceptions1) The dealer licensing and reporting requirements do not apply to the sale, lease, or transfer of any firearm in the following instances (Penal Code § 12078(u)):
• Firearms obtained by individuals through operation of law, such as:
- the executor or administrator of an estate;
- a trustee in a bankruptcy proceeding;
- an assignee for creditors;
- a receiver for an estate in receivership;
- a surviving spouse;
- a transfer of property between spouses.
NOTE: Concealable firearms obtained by any of the preceding means must be reported to the Department of Justice on forms provided by the Department of Justice. (Penal Code § 12078(i)(1).)
- a levying officer as defined in sections 481.140, 511.060, or 680.260 of the Code of Civil Procedure;
- firearms received by the family of a police officer or deputy sheriff from a local agency pursuant to section 50081 of the Government Code;
California Firearms Laws 2006 43
- the transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the finder pursuant to Article 1 (commencing with section 2080) of Chapter 4 of Division 3 of the Civil Code;
• Firearms obtained through intestate succession or by bequest, sales or transfers between “immediate family” members. Immediate family means parent and child, and grandparent and grandchild. (NOTE: Individuals who receive a concealable firearm in this manner must obtain a Handgun Safety Certificate. The acquisition of a handgun in this manner must be reported within 30 days to the Department of Justice on forms provided by the Department of Justice.) (Penal Code §§12078(i)(1)(B), 12078(c)(2)(A).)
NOTE: The infrequent sale, lease, or transfer of firearms between individuals - meaning five or fewer sales per year of any number of handguns or irregular and occasional sales of other firearms is allowed. However, such sales/transfers must be completed through a dealer licensed pursuant to Penal Code section 12071.
January 13, 2009, 05:11 PM
Awesome!! So basically he can buy the gun, I go get the handgun safety cert. and then I buy it from him, we report to the DOJ and we're good to go?
Sweet, I'm all excited now :p
January 13, 2009, 09:13 PM
Man, can someone explain to me why so many people live in Cali? The laws there are crazy.
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