hey,

I was wandering if there is anyway, legally, whatsoever for me to use a handgun. I am only 19, but my father is willing to purchase it for me if i can somehow prove that it is legal for me to use. He was told that if he buys it, i can use it he just has to be there, this sucks since he doesnt hunt, i can never use it lol. If there is no way for me to use it, thats sucks b/c i wouldnt do any wrong doing with it, i would just pop rodents and what not and carry it on my land in virginia. i doubt there is, but does anyone have any input that could help change my luck. I have been waiting a few months for this and now i find out i cant even get it, this is CRAZYYYY, lol, i gotta wait 1 + 1/2 years now lol, thanks for ya help

geter

It's federal law that prohibits handgun possession of an individual under 21 years old. There's just no way around that no matter what state you live in. Furthermore, if your dad buys one and gives it to you, he'd be breaking federal law as well (straw-purchase). And if he gives it to you and you cross state lines with it, well, you might as well save us all a lot of trouble and just drive both of yourselves down to the nearest federal penitentiary.

Aught Six, not to be nitpicky but none of that is correct.


If you are 18 years or older you may legally be in posession of a hand gun and use it legally under FEDERAL law. You are only required to be 21 to purchase a hand gun under normal circumstances.

Juveniles under the age of 18 may also legally be in posession of a hand gun with out adult supervision but certain restrictions and circumstances must be met. Such as employment, be a member of the armed forces, etc... and must usually have in their posession written permission from their parents or legal guardian.

However, you would be wise to contact you state and get the specifics of the state that you live in. Even though the 2nd ammendment is guaranteed to you under the UNITED STATES BILL OF RIGHTS individual states still think they have the authority to restrict the rights guaranteed to you by the Federal Government.


It is not a "straw purchase" if a person (father, mother, girlfriend, etc...) purchases a firearm with their own money and gives it to another person as a gift. That is perfectly legal and the person making the purchase still answers "Yes" to the question "Are you the actual purchaser of this firearm?".

Gifts are perfectly legal.

Click on the link and scroll down to page 155, part 3..... Federal age restrictions.

http://www.atf.gov/pub/fire-explo_pub/2005/p53004/gen_info.pdf

FLORIDA STATE LAWS - Click On Law Below For Details








Anti-Trafficking
Is there a one-handgun-per-month limit on gun sales?


No






Assault Weapons
Are there limitations on assault weapons and magazines?


No







Attorney General Regulations
May Attorney General regulate guns?


Yes






Background Check At State Level
Do state police perform a background check in addition to federal NICS check?


Yes







Ballistic Fingerprinting
Must handguns be ballistic fingerprinted prior to sale?


No






CCW Limits
May police limit carrying concealed handguns?


No







Child Access Prevention - CAP
Are gun owners held accountable for leaving guns accessible to kids?


Yes






Child-Safety Locks
Must locking devices be sold with guns?


No







Gun Manufacturer Accountability
Do cities have authority to hold gun makers legally liable?


No






Gun Show Checks
Are background checks required at gun shows?


Partial







Juvenile Possession
Are minors restricted from possessing guns?


Yes






Juvenile Sale
Is it illegal to sell guns to kids?


Yes







License or Permit to Purchase
Is a license/permit required to buy handguns?


No






Local Gun Laws - Preemption
May cities enact laws stronger than the state's?


Partial







Record Keeping
May police maintain gun sale records?


No






Registration
Are all guns registered with law enforcement?


No







Safety Standards
Are there consumer safety standards on guns?


No






Safety Training
Is safety training required for handgun buyers?


No







Saturday Night Specials
Are there limitations on 'junk' handguns?


No






School Zones
Is it illegal for CCW permit holders to carry guns into schools?


Yes







Secondary Sales
Are background checks required on 'private' gun sales?


Partial






Waiting Period
Is there a waiting period on gun sales?


Yes



[hr]






ANTI-TRAFFICKING
Is there a one-handgun-per-month limit on gun sales?No
Florida - No state restrictions on gun-trafficking such as a limit on the number of handguns that can be purchased at one time. Gun traffickers can easily buy large quantities of handguns at gun stores and resell them on the street to criminals. This is an especially severe problem in Florida. Because of its weak gun laws, traffickers buy guns in Florida and ship them to northern states with stronger gun laws, where they are later used in crimes. In recent years, Florida has been the #1 source for crime guns recovered in other states.
[align=right][/align]
ASSAULT WEAPONS
Are there limitations on assault weapons and magazines?No
Florida - No state restriction on the sale or possession of military-style semiautomatic assault weapons like the AK47 and Uzi. Assault weapons are as easy to buy as hunting rifles. No restriction on the sale or possession of rapid-fire ammunition magazines that can fire up to 100 bullets without reloading. Federal law does prevent the sale of some assault weapons and rapid-fire magazines manufactured after 1994, but the federal law will sunset in 2004 unless Congress and President Bush renew it.
[align=right][/align]
ATTORNEY GENERAL REGULATIONS
May Attorney General regulate guns?Yes
Florida - State law grants the Attorney General independent authority to regulate firearms, as part of the AG?s responsibility to protect consumers, but the Attorney General has not used this authority to establish gun safety standards.
[align=right][/align]
BACKGROUND CHECK AT STATE LEVEL
Do state police perform a background check in addition to federal NICS check?Yes
State law requires gun buyers to go through a state-based criminal background check in addition to the federal NICS check. This is the best system since it includes checking both state and federal records to prevent criminals and other prohibited people from buying guns. Also see: Waiting Period.
[align=right][/align]
BALLISTIC FINGERPRINTING
Must handguns be ballistic fingerprinted prior to sale?No
No state requirement that gun dealers or manufacturers provide police with sample bullets/cartridges or digital images of bullets/cartridges prior to the sale of a handgun, ?ballistic fingerprinting,? which would assist police in tracing bullets at crime scenes to the guns that fired them.
[align=right][/align]
CCW LIMITS
May police limit carrying concealed handguns?No
Florida - State law forces police chiefs and state sheriffs to give concealed carry permits (CCW) to anyone who can buy a handgun, allowing them to carry loaded, concealed handguns in public (known as ?shall issue?). Some safety training is required to obtain the CCW permit. State law allows residents of some other states to carry concealed weapons in this state without informing local police. Also see: School Zones.
[align=right][/align]
CHILD ACCESS PREVENTION - CAP
Are gun owners held accountable for leaving guns accessible to kids?Yes
Florida - State law holds gun owners responsible if they leave a gun easily accessible to a child under 16 years old and the child uses the gun to injure or threaten someone. In addition, individual counties may strengthen their CAP law by requiring gun owners to lock up firearms when not under an adults control, in homes where children are present. Miami-Dade County and the City of South Miami have adopted such ordinances.
[align=right][/align]
CHILD-SAFETY LOCKS
Must locking devices be sold with guns?No
No state requirement that guns be sold with child-safety locks that could prevent a tragic accident. Child-safety locks cost as little as $10 and could save lives if sold with firearms.
[align=right][/align]
GUN MANUFACTURER ACCOUNTABILITY
Do cities have authority to hold gun makers legally liable?No
Florida - State law forbids city and county governments from taking any legal action to hold gun manufacturers accountable, even when they act irresponsibly in the way they design, market or distribute weapons. No other industry enjoys such special immunity for irresponsible conduct.
[align=right][/align]
GUN SHOW CHECKS
Are background checks required at gun shows?Partial
No state requirement that a Brady criminal background check be done on people buying guns at gun shows if they are sold by "private" individuals or gun "collectors." But counties may enact local ordinances requiring criminal background checks on gun show sales in their county.
[align=right][/align]
JUVENILE POSSESSION
Are minors restricted from possessing guns?Yes
Florida - State law restricts juveniles under 18 from possessing any firearm without parental permission or authorized supervision. Also see: Juvenile Sale.
[align=right][/align]
JUVENILE SALE
Is it illegal to sell guns to kids?Yes
State law restricts selling or giving firearms to juveniles under 18, except for supervised loans of firearms or for limited lawful activities (such as hunting). Also see: Juvenile Possession.
[align=right][/align]
LICENSE OR PERMIT TO PURCHASE
Is a license/permit required to buy handguns?No
No state requirement that handgun buyers obtain a handgun license or undergo any type of safety training prior to buying a handgun.
[align=right][/align]
LOCAL GUN LAWS - PREEMPTION
May cities enact laws stronger than the state's?Partial
[align=left]Florida - State law generally forbids city governments from enacting local gun laws, even though the state has failed to pass many responsible state-wide laws. [/align][align=left]But county governments do have the authority to lengthen the waiting period for law enforcement to conduct background checks and to require background checks at gun shows. [/align][align=left]For example, Miami-Dade County has extended the state's 3-day waiting period to 5-days, and requires background checks and waiting periods on the sale of all firearms, including those at gun shows and flea markets. [/align][align=right][/align]
RECORD KEEPING
May police maintain gun sale records?No
State law generally forbids police from keeping any record of gun sales. Police must destroy records on gun sales witin 48 hours and are prohibited from maintaining gun sale records that could be used for gun tracing and criminal investigations. The state has no way of knowing whether people who bought guns in the past have become criminals and are no longer allowed to possess firearms. The lack of gun sale records also makes it very difficult to identify and prosecute gun traffickers or gang members that buy guns in bulk and resell them on the street. However, there is a minor exception to the above law. Police are authorized to keep records of firearms that have been pawned at pawn shops. These limited records aid law enforcement in recovering stolen property and tracking down criminals.

[align=right][/align]
REGISTRATION
Are all guns registered with law enforcement?No
Florida - No state requirement that gun owners register their firearms. Police do not know how many guns are in the state or where they are. The lack of registration data makes it more difficult for police to trace guns used in crime, identify illegal gun traffickers or hold gun owners accountable for their weapons. There is no state system to automatically identify and disarm felons and other prohibited people who bought guns legally in the past, but later committed a crime or otherwise became ineligible to keep possession of their firearms.
[align=right][/align]
SAFETY STANDARDS
Are there consumer safety standards on guns?No
No state requirement that handguns meet any basic safety standards. No requirement that guns be sold with a child-safety lock or a built-in ?personalized? lock to prevent unauthorized use. No requirement that handguns have loaded-chamber indicators or magazine safety disconnects that could prevent unintentional shootings. The state Attorney General is authorized to independently establish handgun safety standards, but has failed to do so.
[align=right][/align]
SAFETY TRAINING
Is safety training required for handgun buyers?No
Florida - No state requirement that handgun buyers receive any safety training at all. No requirement that handgun buyers demonstrate any familiarity with gun laws or knowledge about safe handling/safe storage of handguns.
[align=right][/align]
SATURDAY NIGHT SPECIALS
Are there limitations on 'junk' handguns?No
No state restriction on the sale of Saturday night specials or "junk" handguns. No requirement that handguns meet any safety tests such as a drop-safety test or a firing-performance test. No restriction on the sale of snub-nosed handguns that are very small and easy to conceal.

[align=right][/align]
SCHOOL ZONES
Is it illegal for CCW permit holders to carry guns into schools?Yes
Florida - State law restricts carrying firearms on school grounds, except for law enforcement personnel. Even people with permits to carry concealed weapons (CCW) are prohibited from carrying weapons onto school grounds. Also see: CCW Limits. [align=right][/align]
SECONDARY SALES
Are background checks required on 'private' gun sales?Partial
No state requirement that criminal background checks be done on people buying firearms at gun shows, swap meets, or through newspaper or internet advertisements. Criminal background checks are only required if the buyer goes to a federally-licensed gun store. However, under FL law, counties may opt to require background checks on gun buyers at gun shows and flea markets. Aside from those counties which have opted to regulate gun shows, all "private" sales between individuals are not subject to the background check.

[align=right][/align]
WAITING PERIOD
Is there a waiting period on gun sales?Yes
State law requires a 3-day waiting period for all handgun sales by licensed dealers. Counties may extend the waiting period to 5-days and apply it to long guns and sales by non-licensed dealers at gun shows and flea markets. The waiting period is used by law enforcement to run a criminal background check to make sure the gun buyer is not prohibited from acquiring firearms. The waiting period also serves as a "cooling off" period to help prevent crimes of

I checked a few sections of the U.S. Code. Looks like I had my facts wrong. I'm originally from Maryland, so I may confusing federal law with state law. But you gave the best advice: to check the law carefully. I would contact the State Police. By the way, Maryland hasno RKBA in the state Constitution.

I was a little rough, but I thought he was risking serious trouble. I certainly don't want any young men doing something that they could regret for the rest of their lives.

I know in NY you don't have to be 21 if you were honerably discharged from the military.

ought six -- thanks alot for your concern, i apreciate it, and its better to be safe then sorry, so thanks


bigbull- so ur saying that i can use a handgun "given to me" by my father as a present? B/c i talked to about 10 gun stores- about 9 said i cant evennnnn think of using it if he isnt with me at all times, and one said that i could if it is a gift (like ur saying). Why would gun stores tell me its illegal? they are telling me wrong info (if ur correct) and they are losing a sale..? I would just love to have a 100% answer, it would clear my mind. I even called the police and they said i cant have it either. THIS IS STUPPIDDD, LOL! All i want is a crime 40 cal or so to use on my land. Please guide me in the right direction - anyone. Im gettin so different answers to this question im gettin confused and im bout to go BIZURK, lol. thanks alot guys

This is your 100% answer concerning FEDERAL LAW.

Yes, your father can purchase a gun for you as a gift. Be it a hand gun, shotgun, or rifle that is perfectly legal. If he is the person making the purchase and using his money then he is well within the legal boundaries of firearms purchases.

All but one of the gun shops that you talked to are ignorant about the laws concerning purchasing and posession. At least as far as the Federal laws are concerned.

If you are 18 years or older then you can legally be in posession of a hand gun with out any other adult supervision. You only need to be 21 years old if you are making a handgun purchase.


You still need to check with your state of residency concerning their specific laws.



Contact the BATF Baltimore division at..............

U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Baltimore Field Division
31 Hopkins Plaza
5th Floor
Baltimore, Maryland 21201
Phone - (410) 779-1700
Fax - (410) 779-1701


They will be able to give you any further assistance and probably inform you about any specific Maryland laws.

thanks evey1 for ur help, i might still have a breathin chance of gettin mine, ill keep ya up lol
geter