Trading pistols with a 19 year old?

[Krull]

is this legal?

 

thanks

[Guest RedLights&Sirens]

Should it be? Yes. Is it, I dont know. Sell it to a parent if they approve and let them work it out.

CYA

[Oh Shoot]

There is no federal or TN law that prohibits private selling, trading, or gifting long guns or handguns between same state adult residents (18 years old) who are not prohibited from owning firearms.

 

- OS

Edited April 18, 2013 by Oh Shoot

[Krull]

Ok thanks OS!

[DaveS]

You must be 21 years of age to buy, sell, or trade a pistol in Tn.

 

 

Dave S

Edited April 19, 2013 by DaveS

[wewoapsiak]

You must be 21 years of age to buy, sell, or trade a pistol in Tn.

Flame away!

 

Dave S

That's what I thought too!  But OS set me straight a while ago, the 21 and older is only for FFLs.  Not person to person.

[Lumber_Jack]

You must be 21 years of age to buy, sell, or trade a pistol in Tn.
Flame away!

Dave S

That's only from an FFL. Private transactions are not the same

[Lumber_Jack]

Is there an echo in here? Looks like I was too slow in the trigger

[Oh Shoot]

That's only from an FFL. Private transactions are not the same

 

And you can even give or loan a pistol/long gun to a minor, "for lawful sporting purposes", but you can't sell it to him.

 

- OS

Edited April 18, 2013 by Oh Shoot

[DaveS]

And you can even give or loan a pistol/long gun to a minor, "for lawful sporting purposes", but you can't sell it to him.

 

- OS

Not much differance between selling and trading eh?

 

Dave S

[bubbadavis]

Not much differance between selling and trading eh?

 

Dave S

 

You can't (legally) sell or trade with a minor. The OP was asking about trading with someone who is 19.

[TrickyNicky]

Not much differance between selling and trading eh?
 
Dave S

There is a big difference between selling/trading and giving/loaning.

There's also a difference between a minor and someone who's not old enough to buy a handgun through an FFL.

If the guy is 19 he is not a minor, this trade should be perfectly legal unless OP is an FFL holder.

[DaveTN]

You must be 21 years of age to buy, sell, or trade a pistol in Tn.

Flame away!

 

Dave S

No need to flame; buts that's just not right.

Would I do it? No.

[Troutburger]

Legal, yeah I think so.
Best practice, no way not in these times. Get a bill of sale from his daddy.

[Oh Shoot]

Legal, yeah I think so.
Best practice, no way not in these times. Get a bill of sale from his daddy.

 

Old timer BATF agents must giggle when they see intimidated opinions like that.

 

I repeat:

 

There is no federal or TN law that prohibits private selling, trading, or gifting long guns or handguns between same state adult residents (18 years old) who are not prohibited from owning firearms.

 

 

- OS

Edited April 18, 2013 by Oh Shoot

[Patton]

Perfectly legal.

[LenoirGunner]

_{Sure would be nice if everyone knew this law. I am 20 and no one will sell me one privately.}

[Oh Shoot]

_{Sure would be nice if everyone knew this law. I am 20 and no one will sell me one privately.}

 

Well, it's not really a law that allows it, it's lack of a law that prohibits it. Lots of people want to see a "law" that specifically allows something before they'll believe it.

 

Few if any laws are written to specifically permit a behavior, most are enacted to prohibit one, although it's common to see permitted exceptions to a prohibited act; indeed much of TN weapons law is such, since it basically starts out with the premise that possession of a loaded firearm is illegal and then concedes many exceptions to that.

 

- OS

[TMF]

I bought my first pistol in a private sale when I was 18. Of course, I would not feel comfortable selling a pistol to someone so young unless they were vetted. Then again, I kinda feel the same about selling to anyone.

[RobertNashville]

_{Sure would be nice if everyone knew this law. I am 20 and no one will sell me one privately.}

I probably wouldn't see or trade with you either, and I mean no offense.

 

There is nothing wrong with being 20 nor is there a thing wrong with you or someone much younger than  you owning a firearm or several firearms in my always humble opinion.  The problem is that I don't know you and at only 20, using other methods to "know" you are not really available.

 

When it's someone I don't know I can at least request an HCP or if I wish, require us to go through an FFL even though it's not required to do so.  Of course if it's someone I know well or have dealt with before that's even better.

 

I guess I was lucky, I grew up in a family that enjoyed firearms; I always had access to them and some were given to me at a very young age...we used to go hunting in the mornings and leave our shotguns in the car when I went to school later (or went after school)...no one called the police on us and if they had, our sheriff would have likely arrested them.  I miss those days.

Edited May 1, 2013 by RobertNashville

[runco]

Don't let the libs know, they will try to close this loopy hole.

[87toy]

Don't let the libs know, they will try to close this loopy hole.

 

At least it would get a neat name for the media.

[87toy]

Instead of bickering back and fourth, Here is a citation of the law:

 

 

 

 

(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.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.

(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

 

 

 

 

http://www.law.cornell.edu/uscode/text/18/922

 

 

 

 

Cliff notes: its totally legal for an individual to sell, trade, or loan a handgun to someone over the age of 18.

[Guest Darth Maul]

Perfectly legal in Tn.

[DaveTN]

Sure would be nice if everyone knew this law. I am 20 and no one will sell me one privately.

I think most of us know the law, but I wouldn’t sell to you unless I knew you. With me it’s not really about the law. I don’t want some pizzed off parents calling me and wanting to know why I sold their kid a gun.

The other reason is liability if something went bad. Federal law prohibits a licensed gun dealer from selling to you. A jury in a civil trial wouldn’t think much of a defendant that sold a gun to someone a gun dealer can’t even sell to. That could impact punitive damages.

 

In a year you will be able to buy more gun than you have money for, and that will last the rest of your life.