Private Handgun Sale Question

[atlas3025]

I have looked online, but am getting conflicting info.

I have read that the the requirement to be age 21 or older only applies to purchases from FFL's, and that a private sale of a handgun CAN occur legally to a 20 year old, but in other places I just see the standard "must be 21 years old to purchase".

Anyone have a definitive on this?

[Caster]

I think technically you can own one at 18 but can't buy one from a dealer until 21. It's a difficult grey area. A lot of people (myself included) will not sell a handgun to anyone under 21 just to be on the safe side. Better to piss off one man than face a jury.

[TNcitizen22]

I think technically you can own one at 18 but can't buy one from a dealer until 21. It's a difficult grey area. A lot of people (myself included) will not sell a handgun to anyone under 21 just to be on the safe side. Better to piss off one man than face a jury.

This is exactly what I have always understood. I have had younger folks message me on sales, but I simply am not willing to sell to someone who is not 21 just to be safe.

[gjohnsoniv]

It's very much a grey area. In Tn they say you can sell to under 21 in a private sale, I'm assuming because handguns don't have to be registered, therefore you're not going through a dealer. Just use your judgement.

Also on another note I talked to some police friends on the issue and none of them said it was illegal to sell to someone under 21 private sale assuming though they can legally own and are over 18.

Edited August 10, 2012 by gjohnsoniv

[Jonnin]

18 is fine. If you can be drafted to go to war or star in an adult movie and operate a more dangerous device (a car!) then you can have a freaking gun too. Legally? It seems to be OK to have one at 18; there are even a mentions of having them younger if supervised (such as hunting).

[TMF]

I bought mine in a private sale when I was 18. I also lived in an apartment complex in an area where young people are known to get shot by the neighborhood watch. I don't know if I would feel comfortable selling a firearm to a young person though. I know they have a right, but I just wouldn't be comfortable with it. I would have to know the person.

[UncleJak]

I sold one to a 19 year old one time and had his mom also sign the bill of sale. I felt comfortable doing it that way, but would not do it without her consent just to be safe...

[Oh Shoot]

Federal law only addresses buying from FFL (18 for long gun, 21 for handgun). Ammo for each is same, though not really enforced to any degree.

TN law only forbids an individual selling any firearm to a minor (under 18) although an individual may loan or gift a firearm to a minor "for the purposes of hunting, trapping, fishing, camping, sport shooting or any other lawful sporting activity."

- OS

=================

Entire statute:

39-17-1303. Unlawful sale, loan or gift of firearm.

(a) A person commits an offense who:

(1) Intentionally, knowingly or recklessly sells, loans or makes a gift of a firearm or switchblade knife to a minor;

(2) Intentionally, knowingly or recklessly sells a firearm or ammunition for a firearm to a person who is intoxicated; or

(3) Intentionally, knowingly, recklessly or with criminal negligence violates the provisions of § 39-17-1316.

( It is a defense to prosecution under subdivision (a)(1) that:

(1) A firearm was loaned or given to a minor for the purposes of hunting, trapping, fishing, camping, sport shooting or any other lawful sporting activity; and

(2) The person is not required to obtain a license under § 39-17-1316.

© For purposes of this section, "intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

(d) An offense under this section is a Class A misdemeanor.

Edited August 10, 2012 by OhShoot

[Guest TankerHC]

I think technically you can own one at 18 but can't buy one from a dealer until 21. It's a difficult grey area. A lot of people (myself included) will not sell a handgun to anyone under 21 just to be on the safe side. Better to piss off one man than face a jury.

BATFE's website says its legal for someone over 18 to "own" a handgun. But I am the same way, I dont sell to anyone under 21.