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Legality of buying a handgun at age 18. Why is it so hard to believe?
Why do so many people believe that 21 is the minimum age to purchase a handgun?
Is it because they misapply the federal age restriction placed upon federal licensees in 18 USC § 922(b)(1) to everyone else?
(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;
I understand that some non-licensees will be similarly restricted by their resident state law, but in most states the age is 18 which matches the minimum age defined by federal law for everyone else in 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.
...(5) For purposes of this subsection, the term "juvenile" means a
person who is less than 18 years of age.
(Ref: http://trac.syr.edu/laws/18/18USC00922.html for the full law)
So in most states, under 21 handgun purchases from non-licensee private sellers are not only legal but quite common. So why do you think so many people still claim it's a federal crime?
3 AnswersLaw & Ethics1 decade ago