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View Full Version : Age 18 + MT Law questions.


MosinM38
April 16, 2009, 10:10 PM
Hey guys.

Well, I turned 18 (GREAT!). First thing I plan on doing (After attending the gunshow this weekend ;)) is going to the local Sheriff's Department and applying for a CC Permit.

And I had a few questions that I searched for but could NOT find and a couple I wanted confirmation/clarification on.

#1. I know a 18 year old can legally OWN (But not purchase from a FFL) a handgun. Question: Can he SELL a handgun? I couldn't find that anywhere.

#2. This is mainly Montana Law. Does MT Law allow private party sales of handguns or handgun ammo to under-21 people? I don't know on that one, although I did get advice from one person to just say the .40 ammo is for a rifle.

Any help would be much appreciated :D

And regardless of those, I am glad I can least buy rifles and get a CCW (Cept now I got to look for something....Sorta wanting a compact, 1911, 9MM but they are...eh..let's just say outta my reach).

JuanCarlos
April 17, 2009, 12:09 AM
Okay, here's the rundown from what I can find:

- An 18-year-old may make a face-to-face purchase from a non-FFL-holder.

- An 18-year-old may get a permit to carry concealed (but you know this).

- I can find no law restricting sale of handgun ammunition to an 18-year-old. No such law would make any sense, given the above. I particularly doubt that there'd be any law regarding private-party sales, but I'm pretty sure you'd have no trouble just purchasing some from a store.

- I can find no law restricting a face-to-face sale from an 18-year-old. If you own it legally, and the other party is legally allowed to buy it, I can't see why it would be treated differently from any other FTF sale. However, this is the one area where I'd tread carefully and maybe consult somebody in a position to give an authoritative answer, as this is the one area where you could unknowingly place yourself at significant legal risk (though it's unlikely).

Note that the above comes from a combination of looking through the criminal codes regarding weapons as posted on the State of Montana website (in which a lack of a code concerning the above implies legality) as well as positive assertions of legality from secondary sources. Still, the standard I-am-not-a-lawyer and such applies.


One thing I'll miss about Montana is the incredibly loose regulation of firearms. As far as the a generally lax attitude towards handgun purchases go, I think we're towards the top in the nation. Apparently we score an 8 out of 100 on the Brady-Campaign-o-Meter, putting us above quite a few states...but from what I can tell that's only from a lack of state laws forcing workplaces and colleges to allow carry, as well as a lack of a "stand your ground" law in public.

MosinM38
April 17, 2009, 06:37 AM
Hey thanks!

I wasn't positive on the FTF details. As for the handgun ammunition, I think it is technically a law, but a fair number of people don't observe it.

Again, thanks!

P.S. I almost forgot, YES Montana IS the best state to be in :)

NavyLT
April 17, 2009, 11:26 AM
- I can find no law restricting sale of handgun ammunition to an 18-year-old. No such law would make any sense, given the above. I particularly doubt that there'd be any law regarding private-party sales, but I'm pretty sure you'd have no trouble just purchasing some from a store.

18 United States Code 922 (b)
(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;

It is against Federal law for a licensed dealer to sell ammunition for use in a handgun to less than 21 years old. The dealer may sell dual use caliber ammo to less than 21 years old if the dealer is satisfied the ammunition is intended to be used in a rifle vice handgun.

If asked regarding the use of the ammunition, it is also against 18 USC 922 to lie about it's use:
(a) It shall be unlawful—
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;

The safest bet is just to have a >21 friend buy the ammo for you. So long as no false statement is made, no law is broken.

There is nothing prohibiting FTF sales of handguns or handgun ammunition to or from 18 year olds in Montana law or Federal law.

JuanCarlos
April 17, 2009, 11:46 AM
/facepalm

I was searching Montana law, because I figured that'd be a state thing. Shows how ignorant I can be of federal firearms law, I guess. I never had a handgun under 21, so it's not something I ran into.

MosinM38
April 17, 2009, 12:09 PM
Okay, that's sorta what I thought.

I ain't too worried then. The people I buy most of the ammo from aren't licensed dealers (I don't think?).

Main thing is dad won't be going to the gunshow until Saturday, while I plan on going Friday to ensure that I definately get .41 Mag and .357 Sig ammo (Of which they were sold out when we were there saturday last year). Dunno...Maybe they'd reserve it too.

Thanks for cleaing it up!