Age of Handgun Ownership

[Guest eyebedam]

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

You dont know how many times Ive said that to her in my life. Its something thAT everyone thats knows my family really laughs about because my mom is one of the sweet quite do anything to help you out kinda women. The only time in her entire life she ever touched a gun she shot her oldest. The same 1 that zapped her a few years earlier. Whats that saying. Hell has no fury like a woman scorned. Or something like that.

[strickj]

I think its:hell has no fury like a woman tazed

[Guest shadow12]

ownership at 18 is fine, but don't forget that you can not buy a firearms for someone else. Has anyone heard the term "straw purchase"?

We asked the ATF about this last year, a customer asked about it. The agent said that technically yes it is a straw purchase and illegal, but that the ATF doesn't worry this kind. They are looking for the people that make them to resell.

personally, I have bought 3 firearms for my kid, and two for the wife.

[Marswolf]

ownership at 18 is fine, but don't forget that you can not buy a firearms for someone else. Has anyone heard the term "straw purchase"?

From http://www.atf.gov/firearms/faq/faq2.htm#b14 ATF FAQ

(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[Guest TNDixieGirl]

ownership at 18 is fine, but don't forget that you can not buy a firearms for someone else. Has anyone heard the term "straw purchase"?

We asked the ATF about this last year, a customer asked about it. The agent said that technically yes it is a straw purchase and illegal, but that the ATF doesn't worry this kind. They are looking for the people that make them to resell.

personally, I have bought 3 firearms for my kid, and two for the wife.

Yes you can. As long as it isn't for a person that couldn't legally purchase one themself. The term "straw purchase" indicates a purchase made for someone that couldn't legally buy it on their own (I credit the Rabbi for explaining this to me some time ago). I could buy a gun for every person in my family at Christmas and be well within the law.

Edited April 5, 2008 by TNDixieGirl

[Guest TNDixieGirl]

From http://www.atf.gov/firearms/faq/faq2.htm#b14 ATF FAQ

(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

Not in TN you can't. It states clearly in the code that no one can purchase a handgun for juveniles. 39-17-1319 & 39-17-1320

Edited April 5, 2008 by TNDixieGirl

[TripleDigitRide]

So, what kind of gun has he had is eye on for years?

[Fallguy]

From http://www.atf.gov/firearms/faq/faq2.htm#b14 ATF FAQ

(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

Not in TN you can't. It states clearly in the code that no one can purchase a handgun for juveniles. 39-17-1319 & 39-17-1320

What Mars posted doesn't say you can buy a "handgun" for juveniles. It just say in general that "firearms" and ammunition can be given to juveniles. Then it even goes on to say that is generally unlawful for juveniles to "poses" handguns.

In TN 39-17-1320 does say in general it is illegal for a parent, guardian or adult to "provide" (which would include purchase for I guess) a handgun to a juvenile.

However 39-17-1319 provides many situation in which a juvenile can posses a handgun. Including on the property of the parents with the parents permission or on the property on any adult, with adults permission and the parents. So to me that means you let your 14 year old strap on a .44 magnum and patrol the back 40 (acres) if you want to. As long as he stays on your land and has your permission.

[Guest TNDixieGirl]

TDR,

He hasn't. That was just a scenario I created in order to ask my question in the right context. My "Picture this....." introduction is equivalent to "Hypothetically...". My son actually turns 16 in 2 weeks. I'm more worried about the driving his own car than owning his own handgun right now. Wow.

The whole question came about when I'd first read an article about South Carolina lowering their age to 18 be legal to purchase handguns and it mentioned SC was the only state in the South that required you to be 21 to own/posses a handgun. I think someone eventually posted that same article in this thread. Anyway, up til then I thought TN also required you to be 21 to own/possess a handgun. After looking through the codes and researching, I couldn't find it spelled out clearly anywhere so I decided to ask here. The codes say 21 to purchase, but doesn't say anything about possess/own except that under 18 can't do either.

[Guest TNDixieGirl]

But the post Mars was replying to said you can't purchase a gun for anyone else. Oh forget it. Every time I answer I spend more time explaining what I was referring to than what was actually written.

[Fallguy]

But the post Mars was replying to said you can't purchase a gun for anyone else. Oh forget it. Every time I answer I spend more time explaining what I was referring to than what was actually written.

LOL...I know the feeling.

Looking back you responded to the same post Mars did by saying Yes someone could buy a firearm for someone else.

Then to Mars post saying No, not in TN you couldn't for a juvenile.

Guess I just got confused....lol

[Fallguy]

The codes say 21 to purchase, but doesn't say anything about possess/own except that under 18 can't do either.

Just to make you really ticked at me (hope not )...where in TN code does it say you have to 21 to purchase a handgun?

[Guest TNDixieGirl]

My intent was not to dispute Mars' post. I was more trying to distinguish between the different firearms. For handguns, no you can't purchase for a juvenile. For shotguns/rifles, according to TN code, you can. No age limit there. I said it wrong, and usually do.

[Guest TNDixieGirl]

Just to make you really ticked at me (hope not )...where in TN code does it say you have to 21 to purchase a handgun?

Oh noooooooooooo. I'm not falling into anymore code questions. I got my question answered, stupidly tried to answer a few other issues and now that I've gotten my tongue-tied....I'm shutting up.

I'll leave the law questions to you.

[Fallguy]

Some of this goes back to the adult at 18 or 21 thing. The only thing I see in TN law about handguns and 21 years olds, is that you must be 21 to get a Handgun Carry Permit. Other than that a 18, 19 or 20 year old all have the same legal right as any 21+ year old to handgun ownership/possession. In fact nothing I see in "TN law" 39-17-1316 address the age period of who can "purchase" a firearm, so it would seem to be left up the federal laws as far as what age someone can buy a firearm in TN.

IANAL so I could be wrong, but to me Ownership and Possession are two different things. Ownership of a weapon is of course whoever owns the weapon. Possession is whoever is holding or has in close proximity (in certain legal situations) the weapon regardless of who owns it.

Now since no paperwork is required for personal sales and no such thing as firearm registration in TN. I'm not sure how any could prove or disprove (on paper) who owned a certain weapon in TN. Yes there is a record of the original purchase from a FFL dealer, but that doesn't prove who "owns" the weapon at any future point. The only thing is the word of any owner(s) from that point forward.

So I really don't see what would prevent a parent from buying a handgun for a juvenile as long as all lived in the same house and the juvenile had permission of the parent. Now if asked by someone I wouldn't recommend the juvenile saying "It's my handgun." But as stated above there are several situations in which a juvenile may posses a handgun, including on the property of the parents, with the parent's permission. The law even allows the juvenile to load and fire a handgun at a authorized firing range (provided you could find one that would a unsupervised juvenile do such a thing) and can transport the handgun to and from the range as long as it is unloaded.

[Marswolf]

Not in TN you can't. It states clearly in the code that no one can purchase a handgun for juveniles. 39-17-1319 & 39-17-1320

I think you need to re-read the code. Juveniles may legally posses guns:

(A) In attendance at a hunter's safety course or a firearms safety course;

( Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

© Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501©(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501©(3)), as amended, and which uses firearms as part of the performance;

(D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70;

(E) Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the handgun possessed by the juvenile;

(F) On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to possess a handgun;

(G) Traveling to or from any activity described in subdivision (d)(1) with an unloaded gun; or

(H) At the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force.

39-17-1320 relates to an adult knowingly providing a gun to a juvenile who would be in violation of 39-17-1319. Any of the above would be legitimate for the adult to do so.

I don't see anything saying you can't give a gun to your kid, just that you have to regulate how and where he uses it.

[Fallguy]

Also one other thing to remember in reading all of this is 39-17-1319 & 39-17-1320 only deal with "handgun" not all "firearms".

The one place it talks about juveniles and firearms (so including long guns) is 39-17-1312

That is something to keep in mind when reading any of the codes on weapons...sometime it address all firearms including handguns sometimes only handgun.

[Guest canynracer]

From ATF:

http://www.atf.gov/firearms/faq/faq2.htm#b14

and the 21 thing is in the federal law...

[Fallguy]

From ATF:

http://www.atf.gov/firearms/faq/faq2.htm#b14

and the 21 thing is in the federal law...

Yes, but 21 is to "purchase" not "possess". (Question and answer F6) In fact the very ATF page above says that even a Juvenile (someone under 18) can sell a handgun in a licensed shop as long as the juvenile has parental permission, (Question and answer F4)

The whole 18 or 21 things only has to do with PURCHASING firearms, after that you can give them (Handgun or longun) to a 7 year old with parental or guardian permission.

[Marswolf]

and the 21 thing is in the federal law...

And federal law allows a juvenile to posses a handgun with their parent's written permission for, among other things, "ranching, farming, target practice or hunting". And so does Tennessee law.

[Guest canynracer]

Right, we all agree...for some reason it just seemed that we were focused on TN law only...but then again, all of the words have melted together....you can own a handgun under 21, if it was a gift or inheritance...

i will go back to my hole now...

lol

[Guest 270win]

Fed law allows a person 18-20yrs old to buy handguns from individuals. I, myself, bought a handgun at 20yrs old through a private sale for a 'car gun' back in Arkansas (legal to carry a weapon on a 'journey' when 18 in AR). TN law allows 18yr olds to possess handguns, except in the case of a handgun carry permit, TN residents must be 21. The interesting case is when a nonresident from New Hampshire or Alabama visits TN and is 18, carrying on a license. From my reading, TN honors all licenses, even those issued to 18yr olds.

[Fallguy]

Fed law allows a person 18-20yrs old to buy handguns from individuals. I, myself, bought a handgun at 20yrs old through a private sale for a 'car gun' back in Arkansas (legal to carry a weapon on a 'journey' when 18 in AR). TN law allows 18yr olds to possess handguns, except in the case of a handgun carry permit, TN residents must be 21. The interesting case is when a nonresident from New Hampshire or Alabama visits TN and is 18, carrying on a license. From my reading, TN honors all licenses, even those issued to 18yr olds.

It would appear you are right on both counts. I don't see anything in TN law 39-17-1351® or on the Dept of Safety's website that says a permit holder from another state has to be 21 to carry in TN.

Edited April 7, 2008 by Fallguy
Removed part about TN resident with out of state permit.

[DaveTN]

This has already been stated a few times in this thread…. But I’ll just add it again.

<O:p</O:p

Dealers (FFL’s) are governed by Federal law and can’t sell your son a handgun.

But you can give him one or any of us (<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:State>Tennessee</st1:State> residents) can legally sell him one.

He can legally posses a handgun anywhere in <st1:State>Tennessee </st1:State>that any other resident can; that does not require an HCP.

[GLOCKMEISTER]

Heres the deal. Does your Son still live at home with you? If so buy the gun and give it to him as a gift. If anyone says anything about it, its yours... he's useing it for a lawful activity... He cant be in possession of it unless he's participating in a lawful hunting or sports shooting activity, or too and from such an activity. I believe if you guys look hard enough you will find that in the law. I'd make him out a document of written permission and a copy of that particular law and make him keep it with him when transporting it.