minors and firearms-law questions

[pier-rat]

What exactly are the laws in Virginia on a minor owning a gun. I'm 13 and looking to get a gun.

[vranasaurus]

Talk to your parents.

[pier-rat]

That is not the issue, I have taked my dad in to it.

[hogdogs]

In most places, a child may have a firearm "gifted" to them. The parents will ultimately be responsible for the proper training and end use of the gun.

My dad gave me his old .410 "to keep in my room" but I knew that he could repo it if I didn't act fully responsible.

I did the same with junior. Fully legal in florida.
Brent

[KLRANGL]

http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.7

In short, you are not allowed to possess it outside of your property (or someones property who gives you prior permission) without parental supervision.

Since you can be in possession of a firearm in your own home, you can therefore "own" one. What you cannot do is give your parents money and have them buy you a firearm (straw man purchase). They have to gift it to you, or you can buy it in a face to face transfer from either your parents or someone else in the state.

[srt 10 jimbo]

Legally ya cant own a Rifle or shotgun till your 18 (in florida anyway) and 21 for a pistol or revolver. My son who is 17 has a 12 gauge an AR-15 and a ruger 10/22, but legally they are mine untill he turns 18 and I give them to him as a gift.

[Lavid2002]

he will buy it and own it...you may use it if he lets you,a nd when your 18 you may legally own it.

[hogdogs]

he will buy it and own it...you may use it if he lets you,a nd when your 18 you may legally own it.

that is what I meant...
But if you give him the money you earned mowing grass, it is technically an illegal transaction "straw man purchase" I think...
Brent

[NavyLT]

Originally Posted by srt 10 jimbo

Legally ya cant own a Rifle or shotgun till your 18 (in florida anyway) and 21 for a pistol or revolver. My son who is 17 has a 12 gauge an AR-15 and a ruger 10/22, but legally they are mine untill he turns 18 and I give them to him as a gift.

srt 10 jimbo,
The information you posted above in bold is incorrect according to Florida Statutes.

http://www.leg.state.fl.us/STATUTES/...n%2017#0790.17

790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.--

(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The parent or guardian must maintain possession of the firearm except pursuant to s. 790.22.

In Florida, an 18 to 20 year old may possess a pistol or revolver and may purchase a pistol or revolver in a private FTF transaction.

[srt 10 jimbo]

Nope, they will not sell you a Handgun untill your 21! 18 for rifle and shotgun

[MLeake]

You are only correct with regards to purchases from FFLs. NavyLT is correct in his explanation and citation.

There is no FL law prohibiting private sales to 18-20yo's, and there's no FL law prohibiting 18-20yo's owning handguns or handgun ammo. FL law used to prevent FFL's from selling handguns or handgun ammo to 18-20yo's, but apparently this has changed.

This was a minor nuisance for me back when I was 20; luckily, I had sources for ammo. I could take my .357 to the range, and I could shoot it at the range, but I couldn't buy ammo at the range. I had to bring my own.

Cheers,

M

[NavyLT]

Originally Posted by srt 10 jimbo

Nope, they will not sell you a Handgun untill your 21! 18 for rifle and shotgun

What they will or will not do has no bearing on what the law is.

[srt 10 jimbo]

Ok , you can buy a handgun FTF when your 18. cant buy it from an A FFL dealer, cant have your CCW permit till yor 21, cant shoot it at ranges without adult supervision untill your 21.

[NavyLT]

Originally Posted by srt 10 jimbo

Ok , you can buy a handgun FTF when your 18. cant buy it from an A FFL dealer, cant have your CCW permit till yor 21, cant shoot it at ranges without adult supervision untill your 21.

srt 10 jimbo,

Somebody is misleading you as to what Florida statutes really state.

http://www.leg.state.fl.us/STATUTES/...EChapter%20790

You might want to read the entire firearms chapter yourself to see what the law truly is. A person age 16+ can shoot at ranges WITHOUT adult supervision:

790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.--

(3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless:

(a) The minor is engaged in a lawful hunting activity and is:

1. At least 16 years of age; or

2. Under 16 years of age and supervised by an adult.

(b) The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is:

1. At least 16 years of age; or

2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor's parent or guardian.

[blume357]

why don't we discuss VA status, since that is where the original 13 year old poster is from?

[NavyLT]

Because I don't like false information just being left out there for everyone to read!

But OK. In regards to a handgun, Federal law would apply:
18 USC 922 (x):
(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

[srt 10 jimbo]

Even if the Law says you can have a pistol or revolver at 18 . for all practical purposes It's still 21 around here None of the 3 ranges around will let you shoot it unsupervised until your 21. and you cant buy one from a FFL dealer till your 21 and you cant get a CCW permit till your 21, you see my point?

[Al Norris]

Originally Posted by blume357

Uh--um....
why don't we discuss VA status, since that is where the original 13 year old poster is from?

Dang good advice. Keeps the thread on topic and more importantly, open.

Originally Posted by NavyLT

Because I don't like false information just being left out there for everyone to read!

So it's better to clutter the thread with off-topic posts?

Enough!

One wonders if pier-rat is still even reading this thread.

[CMDrew6115]

I bought my first two handguns at 19, my father explained to the FFL dealer that I had just returned from Basic Training and that I wanted to purchase two handguns and they allowed us to do the transaction in his name. So technically they were both bought and registered in his name, but The FFL dealer made an exception for my father and me. The same FFL dealer would let me use their range anytime I wanted unsupervised, but they wouldn't allow me to purchase ammunition from them without my father's presence.

In your case, your mother or father will probably have to purchase the gun in their name and when you turn 18, they can have it transferred to you.

[srt 10 jimbo]

Sorry Pier, 13? . get a nice 22

[Mello2u]

pier-rat's question was about a "gun" in Virginia and his status as a minor. He did not state whether the word "gun" referred to a long arm or a handgun.

NavyLT's post about 18 USC 922 (x) seems to only restrict possession of handguns.

[zxcvbob]

So would an emancipated minor be able to give himself the written permission to posess a handgun? (he still wouldn't be able to buy it from an FFL)

"a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law; "

I'll say yes...

(this was a lot simpler before 1968, and I don't remember it being a problem)

[blume357]

Depends on the state probably and whether once emancipated they are still a ward of the state or not.

later down the original poster stated his father was getting him/her the gun. I think that kind of means the parent is really in charge and they are the one responsible for the 'ownership' and such.

Virginia is sill a pretty free state.

[pier-rat]

Okay here is the deal. My father and I have worked out a deal. the deal WAS that I would get $1,000 dollars when I beat him in tennis, now the deal is, I get a gun and safe and no $1,000. Basically I am paying him off $600 dollars to let me have a gun. I am looking at getting a .22 revolver Ruger mark 3 or bolt action .22 rife. Now in the future can I "give" him some money and he will "give" me a gun? What about if he just comes to the store with me and I pay right there and everything?

[zxcvbob]

You're making it too hard. (I don't blame you, the :cuss: laws make it hard.) He buys the gun for you as a gift. No money changes hands. The gun might actually still legally belong to him until you are 18 (he's holding it in trust for you.)

You should try to get a .22 pistol and a rifle out of the deal.