Age of Handgun Ownership

[Guest TNDixieGirl]

What is the legal age in TN for anyone to own/be in possesion of a handgun?. I don't mean to purchase one, but to own one.

For example, when my son turns 18, is it legal for me to give him a handgun for his birthday?

[Guest GLOCKGUY]

Good question i would like to know the answer to that to

[Fallguy]

39-17-1319 says it is illegal for a "juvenile" to posses a handgun. It defines a juvenile as someone under the age of 18.

Can also look at 39-17-1320 which uses the same definition for juvenile.

Edited April 3, 2008 by Fallguy

[Guest TNDixieGirl]

I know that part. But my question is, once he's 18, can he legally possess a handgun? I've read every TN Code regarding weapons and I can't find a clear answer on it.

Edited April 3, 2008 by TNDixieGirl

[Fallguy]

I know that. But my question is, once he's 18, can he legally possess a handgun? I've read every TN Code regarding weapons and I can't find a clear answer on it.

Well I guess I'm still not sure what you are asking or what you mean by "posses" but he couldn't any location where he would have to have a HCP to be able to carry.

[Guest TNDixieGirl]

Ok, picture this....it's my son's 18th birthday. I want to give him a handgun he's eyeballed for years. Can I? He would clearly have possesion of said handgun after I gifted it to him. He's not carrying it. He's not a minor. It's in his apartment in his nightstand drawer. Is it legal for him to possess/own?

[Fallguy]

IMO Yes, based on the two laws I posted.

That and $10 will get you a latte at Starbucks.

[Guest TNDixieGirl]

Thats my opinion too. I just wondered if it was an actual written code, or specified in one that I was missing.

Ewwwwww on the Starbucks though. Can't stand it.

[nightrunner]

i asked about this as i am only 19 and have had a few different handguns. i asked Joe at HeroGear about this and he told me that if bought from a gunshop, you must be 21, but if bought from a private individual or recieved as a gift, you only have to be 18. also said that you only have to be 18 to be in possession of it also.

[Guest Revelator]

Yes, an 18-year old can own or possess a handgun in their home, but there is no one law that says this. What makes understanding laws so difficult is that you usually have to read a bunch of them together. For instance, as noted 39-17-1319 doesn't allow persons under 18 to possess a handgun. If you go to 39-17-1308, you see it allows persons to possess firearms in their home. Actually, -1308 is a defense to -1307, which criminalizes possession of certain weapons. -1308 says it's a defense if the carrying or possessing was in certain places or situations, including the home. You have to be 21 to buy from a shop? Not sure about that one. This attorney would say no. You have to be 21 to have a carry permit, but I think to simply buy one and take it home you have to be just 18. That's the law, at least; I guess a shop could have their own policy about selling to certain ages.

[Guest db99wj]

http://www.thestate.com/statewire/story/363816.html

Posted on Wed, Apr. 02, 2008

Governor signs bill allowing 18-year-olds to own handguns

By JIM DAVENPORT - Associated Press Writer

COLUMBIA, S.C. --

People as young as 18 can now buy and own handguns in South Carolina.

Gov. Mark Sanford signed a bill into law Wednesday to lower the minimum age from 21.

"People who are old enough to fight and die in the military should be able to purchase handguns, and the bill will put our laws more in line with those of other states," Sanford spokesman Joel Sawyer said.

The law went into effect immediately. Federal law still prohibits firearm retailers and dealers from selling handguns to people younger than 21. But the state law now allows individuals to sell handguns to anyone 18 or over.

South Carolina is one of 18 states - and the only one in the South - that had set 21 as the age for handgun ownership, according to the National Rifle Association. The group says Wyoming has no handgun age requirement. In Montana, it's set at 14; in Vermont, 16.

Rep. Mike Pitts, a Laurens Republican and retired police officer, had filed the bill to help out a national gun wholesaler located in Lexington County where employees younger than 21 were filling orders over the phone. A legal opinion by state Attorney General Henry McMaster had said that was not allowed because of their age and Pitts argued it would cost half the company's workers their jobs.

Pitts said gun retailers will still have to comply with state and federal firearms laws.

He said he sees no need to change the minimum age of 21 for a concealed weapons permit in South Carolina.

Just some FYI on the subject, since your question has been answered.

[mdmoseley]

You have to be 21 to buy handgun ammo at the places I have purchased it before. don't know why the law would be different for handguns.

[nightrunner]

yes 21 for handguns and handgun ammo but only 18 for rifles, shotguns and ammo for them. i think im gonna start just telling the people at walmart that i have a carbine that shoots .45acp lol

[Fallguy]

Yes, an 18-year old can own or possess a handgun in their home, but there is no one law that says this. What makes understanding laws so difficult is that you usually have to read a bunch of them together. For instance, as noted 39-17-1319 doesn't allow persons under 18 to possess a handgun. If you go to 39-17-1308, you see it allows persons to possess firearms in their home. Actually, -1308 is a defense to -1307, which criminalizes possession of certain weapons. -1308 says it's a defense if the carrying or possessing was in certain places or situations, including the home. You have to be 21 to buy from a shop? Not sure about that one. This attorney would say no. You have to be 21 to have a carry permit, but I think to simply buy one and take it home you have to be just 18. That's the law, at least; I guess a shop could have their own policy about selling to certain ages.

Thank you for your post.

Want to train someone as a paralegal?

[Guest Revelator]

Darn, I forgot about the federal laws. Have to look that up.

[Guest sling]

You have to be 21 to buy from a shop..Federal law.

"An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual's state of residence."

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60

Private sale is legal at age 18. He can keep it in his house... or even transport it so long as he follows the rules for transportation of a firearm.

[Guest Revelator]

Got it. USC 922((1) prohibits FFL's from selling handguns (actually it says "Firearm...other than a shotgun or rifle" [guess that could include howitzers and whatnot]) to persons they know or believe to be under 21. That means there must also be another federal law that basically says "If you are under 21, you can't buy or possess a handgun." I'll let somebody else look that up if they want. I'm going home. Fallguy, I could definitely use a paralegal.

[Marswolf]

Folks, there is Federal Law and State Law.

Under Federal law, you can not buy a handgun until you are 21. But you may own or possess a handgun at whatever age your state defines.

Subject to further review, it looks like that age is probably 18 in Tennessee.

Edited April 4, 2008 by Marswolf

[Fallguy]

FWIW my mother bought a handgun and gave it to me when I was 18, but that has been several years ago. Guess you can look at my info and do the math if you want. Another clue might be she bought it at Wal-Mart

....and as Mars says Buying and Possessing are two different things.

[Guest eyebedam]

FWIW my mother bought a handgun and gave it to me when I was 18, but that has been several years ago. Guess you can look at my info and do the math if you want. Another clue might be she bought it at Wal-Mart

....and as Mars says Buying and Possessing are two different things.

Thats cool. My mom shot me in the leg when I was 18. It was an accident though.

[Guest Rccola]

Thats cool. My mom shot me in the leg when I was 18. It was an accident though.

That's teach ya to talk back. :cheers:

[DavidD]

Thats cool. My mom shot me in the leg when I was 18. It was an accident though.

And he states it so casually.....

[Guest eyebedam]

Well like I said it was an accident. There was 1 time when I was around 16 I had gotten 1 of those little stun guns witht he 2 prongs & I was messing around with it while she was washing dishes & thought it would be interesting to see how close I could get to her with it before it arked. Lets just say I got a little to close. She was PI Crooked letter crooked letter ed

[Guest db99wj]

Well like I said it was an accident. There was 1 time when I was around 16 I had gotten 1 of those little stun guns witht he 2 prongs & I was messing around with it while she was washing dishes & thought it would be interesting to see how close I could get to her with it before it arked. Lets just say I got a little to close. She was PI Crooked letter crooked letter ed

You tazed her brah! No wonder she shot you!:p

[Guest canynracer]

An 18 yr old can posses a handgun for home protection, they cannot carry it...