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  • tlcmbc

    Plinker
    Rating - 0%
    0   0   0
    Jan 2, 2009
    46
    6
    Woodburn, In.
    My stepson is wanting to apply for his carry license. He is 20 but his brother who is a state trooper said he has to be 21. I was told 18 to get the carry permit but the gun would have to be registered to someone over 21. He just bought a G17 but his mother had to do the actual purchase. Thanks
     

    ATM

    will argue for sammiches.
    Site Supporter
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    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    Shame on state trooper brother for passing along bad info. :noway:

    18 to get Indiana License To Carry Handgun.
    18 to buy a handgun from any other Indiana resident.
    21 for an FFL (dealer) to sell him a handgun.

    Guns are not registered to anyone of any age in Indiana.

    From IC 35-47-2

    IC 35-47-2-3

    (g) A license to carry a handgun shall not be issued to any person who:
    ...
    (3) is under eighteen (18) years of age;
    IC 35-47-2-7

    Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
     
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    Bigum1969

    Grandmaster
    Rating - 0%
    0   0   0
    Apr 3, 2008
    21,422
    38
    SW Indiana
    Shame on state trooper brother for passing along bad info. :noway:

    18 to get Indiana License To Carry Handgun.
    18 to buy a handgun from any other Indiana resident.
    21 for an FFL (dealer) to sell him a handgun.

    Guns are not registered to anyone of any age in Indiana.

    Bummer that a state trooper doesn't know the correct information. It'd be better if he'd said he didn't know than being wrong.
     

    finity

    Master
    Rating - 100%
    1   0   0
    Mar 29, 2008
    2,733
    36
    Auburn
    Straw purchase?

    I'd have to say, yes, it is.

    The OP should be careful about coming on a public forum & admitting that they broke the law. Especially a gun forum about a firearm related law.

    I'm going to assume that they didn't know that what they did was illegal. It is kind of a confusing area of the law. If his mom would have bought the gun as a gift it would be OK, but because she only bought it because he legally couldn't, even though he was legal otherwise except for the age requirement it is still illegal (i.e. a straw purchase).

    But then again I'm not a lawyer or an ATF agent so...:dunno:
     

    MrsGungho

    Grandmaster
    Rating - 100%
    2   0   0
    Nov 18, 2008
    74,615
    99
    East Side
    My daughter at 18 applied for and received her Lifetime LTCH. At 18 I bought her a handgun for her birthday.
    Only problem she had was the local police where she lives do a face to face when signing off and he made her show ID to prove to him she was 18. Oh and which handgun she wanted. :D
     
    Rating - 0%
    0   0   0
    Nov 23, 2009
    1,544
    38
    OHIO
    Straw purchase?

    I'd have to say no. I personally consider a straw purchase buying a handgun for someone, other than a someone 18-20 who is one owns offspring or legally adopted young adult, that could not pass a 4473.


    I bought a gun for my dad at a gun show because he had been looking for one and the price was unbeatable, he is able to legally purchase a firearm and did just about a few weeks prior.
     

    eirish2001

    Plinker
    Rating - 0%
    0   0   0
    Jul 27, 2009
    92
    6
    Indianapolis
    Straw purchase?


    IC 35-47-2-7

    Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
     

    Scutter01

    Grandmaster
    Rating - 100%
    2   0   0
    Mar 21, 2008
    23,750
    48
    IC 35-47-2-7

    Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.

    That statute is for giving a firearm to a minor. It's got nothing to do with buying a handgun for a child who is over 18.
     

    PatriotPride

    Shooter
    Rating - 100%
    2   0   0
    Feb 18, 2010
    4,195
    36
    Valley Forge, PA
    It seems to me that even if it is illegal for a parent/guardian to purchase a firearm for the sole intent of giving said firearm to a son/daugher 18-20, it'd be impossible to prove. Correct me if I'm wrong, but IMO unless an individual specifically states "I bought this firearm with the express and sole intent of giving said firearm to my child", the motive would be nearly unproveable in a court of law. A parent could simply state that they purchased the firearm, and decided 24 hours later that they did not want it and gifted it to their child aged 18-20. Am I off track here? :dunno:
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    They can absolutely buy it and give it as a gift. The caution comes from the OP which states:

    He just bought a G17 but his mother had to do the actual purchase.

    suggesting he gave her the money to go do the purchase since he couldn't (assuming purchase was made from FFL.)

    Still a bit grey and hard to prove IMO.
     

    tlcmbc

    Plinker
    Rating - 0%
    0   0   0
    Jan 2, 2009
    46
    6
    Woodburn, In.
    I just got back on here today and one response kinda p-----d me off. It is the one about us breaking the law. The law quoted says that the exeception IS a parent child relationship. If you can't understand legal jargon then don't try to interprit the law.
     

    AuntieBellum

    Expert
    Rating - 100%
    3   0   0
    Dec 4, 2009
    1,226
    36
    Rensselaer
    I just got back on here today and one response kinda p-----d me off. It is the one about us breaking the law. The law quoted says that the exception IS a parent child relationship. If you can't understand legal jargon then don't try to interpret the law.

    Fixed those for ya'. :D
     

    PatriotPride

    Shooter
    Rating - 100%
    2   0   0
    Feb 18, 2010
    4,195
    36
    Valley Forge, PA
    I wouldn't get too worked up over it :D Mosey on over to some other threads and you'll see that sometimes the proverbial gun is jumped and accusations are made. Seems to me that this is a somewhat grey area. :dunno: If I have a chance on Monday I'll speak with a few of the attorneys I work for and see if they can advise on the correct interpretation here. :popcorn:
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    The law quoted says that the exeception IS a parent child relationship. If you can't understand legal jargon then don't try to interprit the law.

    Be careful not to misread or misquote legal jargon either.

    The code excepts a parent-minor child relationship.

    18 is no longer a minor child.

    From the chapter referenced:

    IC 35-47-2-10

    IC 35-47-10-2
    "Adult" defined
    Sec. 2. As used in this chapter, "adult" means a person who is at least eighteen (18) years of age.
    As added by P.L.140-1994, SEC.12.

    IC 35-47-10-3
    "Child" defined
    Sec. 3. As used in this chapter, "child" means a person who is less than eighteen (18) years of age.
    As added by P.L.140-1994, SEC.12.


    That's why it's grey.
     
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