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Old March 7, 2009, 11:10 PM   #1
Inureto
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Is it legal for me to own a handgun

Hey all im new here and i couldnt quite find the answer to this question so i was wondering if maybe you all could help me out... im looking at buying a handgun and im 19 years old now i know that normally this means in most states that i cant buy one but here is the thing, im currently active duty enlisted in the USAF and i was wondering if that changes anything? am i legally allowed to have one? any help would be greatly appreciated. thanks!
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Old March 7, 2009, 11:13 PM   #2
zoomie
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Being enlisted doesn't matter, but you can probably still own a handgun at 19 no matter your job. You just can't buy it from a dealer - you gotta buy it from a person. Where do you live?

http://www.nraila.org/GunLaws/
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Old March 7, 2009, 11:18 PM   #3
chemgirlie
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It depends on what state you are in. Some allow 19 and 20 year olds to own handguns, but they must be purchased through a private sale, gifted, or inherited, not purchased through an FFL.
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Old March 7, 2009, 11:19 PM   #4
katokahn99
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According to the Gun Control Act of 1986, you must be 21 to purchase a handgun or handgun ammunition.
You are allowed to be issued a firearm for duty but you are "supervised" during that time and are not allowed to store it in your billeting.
I know, it blows, but that's the way it is. I think there should be an exception for military; but, I don't know of any.
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Old March 7, 2009, 11:22 PM   #5
Inureto
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well thanks for the info guys, currently im in texas, and i will be processing to missouri in 2 months.
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Old March 7, 2009, 11:23 PM   #6
zoomie
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Quote:
According to the Gun Control Act of 1986, you must be 21 to purchase a handgun or handgun ammunition.
False. You have to be 21 to buy a handgun from a dealer. As far as federal law is concerned, anyone who is not a dealer can sell him a handgun.
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Old March 7, 2009, 11:24 PM   #7
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In TX or MO, you can own a handgun. You just can't buy from a dealer/FFL/gun store. You need to find one that's being sold by a non-dealer. Look in the classifieds, online, and at gun shows. The seller might not want to sell to you, and that's their prerogative, but it's legal for them to.

http://www.moga.mo.gov/statutes/chapters/chap571.htm

Last edited by zoomie; March 7, 2009 at 11:30 PM. Reason: added statute link
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Old March 7, 2009, 11:32 PM   #8
Inureto
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well i wont be buying one till i process to MO because technically im not even allowed to own one in the dorms now
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Old March 7, 2009, 11:46 PM   #9
katokahn99
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zoomie said, "False. You have to be 21 to buy a handgun from a dealer. As far as federal law is concerned, anyone who is not a dealer can sell him a handgun."

Yes, I know...most of us in here KNOW this! PLUS, it was covered already by others before me so why would I need to repeat it???? Sheesh! Lighten up a bit there bud!

Last edited by katokahn99; March 7, 2009 at 11:48 PM. Reason: clarity
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Old March 8, 2009, 12:50 PM   #10
44 AMP
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Being in the military complicates things...a little

First, thank you for your service, and welcome to the board!

As others have clearly stated, Federal law is 21 to purchase from an FFL. And, state laws apply. Some states have an age limit on ownership (possession), others do not. Some have an age limit on purchase, others do not.

The complication from your military status is that you are technically a resident of two states (sort of). For some things you are a resident of your "Home of Record" (like voting), but for other things, you may be a resident of the state where you are permanently stationed.

You will find it difficult to own a firearm while living in the barracks/dorms, as generally (and as far as I know, without exception) private firearms may not be kept there. You can own them on post, but they must be stored in govt. arms rooms. There is a system to do that, but it is cumbersome, and besides the forms and registration, you normally must make arrangements to get your gun(s) out and turn them back in after use.

If you live off base, the laws of the state are the ones that apply.

This is a bit of a grey area, and it is possible that the state you are stationed in may not have the same laws as your home of record state. In this case, I do not know which laws would apply. You should contact the JAG office at your duty station for advice. They may not know for certain which laws would apply between the states (although I would think they could find out), but the certainly would know the Air Force regs and how/if they apply. And its free!

Good luck.
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Old March 8, 2009, 09:29 PM   #11
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...

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Old March 8, 2009, 11:09 PM   #12
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A military member is considered a resident of the state that they have permanent orders to. If buying from an FFL (which I know, the OP can't), the only ID required is active duty military ID + properly endorsed orders. A military member is also a resident of the state they maintain an actual residence in if they commute between those two states daily.

A military member, for purposes of firearms transactions, is NOT necessarily a resident of the their home of record state. Just because a military member has a driver's license from the HOR state, is registered to vote in the HOR state, and pays taxes in the HOR state; if they do not maintain an actual residence in that state where they sleep at night, they cannot conduct firearms in their HOR state (except for purchasing long guns from an FFL as an out of state resident).

katokahn99,
The OP may not have been aware of the FFL only restriction is Federal law. I would have corrected your statement as well. If you are going to say that Federal law states something, you should state what the entire Federal law is. IMHO, it is you who needs to lighten up a bit there bud.
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Old March 8, 2009, 11:46 PM   #13
kirpi97
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I can feel the love.

The answer to the young Airman was given in the first response. It doesn't matter that you are in the service. It is an age requirement that prohibits dealers from selling to him. There never has been a confusion concerning owning and storing firearms on base. It was a part of the Security Police inbriefing to enlisted troops residing on base.

Things must have changed over the years. It has been seven years since I retired.
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Old March 10, 2009, 11:14 PM   #14
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Although things have improved somewhat for military personal...there is still a lot of injustice.

For example, in my time, I enlisted in the Army on my 17th birthday. But...I could not vote in any elections until I was 21.

That has changed since then. Now you can vote at 18. But, you still cannot legally buy a handgun until you are 21. Interestly, I was issued a 1911A1 which I carried for most of my time in the Army.

Bottom line...when an individual accepts the responsibility, and liablity, of putting one's life on the line for their country...they should be afforded rights accordingly.

If you study history...the folks that have put their life at risk for their country have, for the most part, been short changed.
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Old March 10, 2009, 11:26 PM   #15
katokahn99
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Amen USASA, amen!
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Old March 11, 2009, 12:15 AM   #16
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I still do not understand why people say you cannot legally buy a handgun until age 21.
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Old March 11, 2009, 01:05 AM   #17
USASA
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Lt.

Depending on the state...the age limit may be less than 21 to buy OR own a handgun.

Howevever, sale of a handgun by a FFL dealer, per BAFT, restricts the age to 21. A private sale of a handgun, again depending on the state, is not restricted by the BATF.
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