Purchasing Handgun before the age of 21

[Loopie159753]

My brother is now 20 and won't be 21 until July. He wants to buy a handgun because his License should be in shortly. I know that he can buy a handgun from a private seller but just not from a store like Midwest. Is there ways around this like someone buying the gun for him? Is this legal? Any answers would be much appreciated.

 

[sj kahr k40]

You could buy him a gun and give it to him as a gift.

Or you could sell him your gun and get a new one.

 

[Seancass]

As I'm typing this, it seems like a funny grey area so maybe i don't have it all quite right.

Since he cannot legally purchase a hangun, if he gave you money and you bought the gun he wanted for him, that would be an illegal straw purchase. However, because he is over 18, you can buy a gun and give it to him as a gift. Or I think he could buy a gun off of you. That's the part that seems weird. He can buy a gun off you, but not if you go out and buy it just for him to buy off of you.

Gun laws are fun!

 

[PatriotPride]

If I'm correct, it would be illegal for you to take his money and go buy a firearm with the express intent to hand it off to him. However, there's nothing stopping you from buying a handgun, and getting bored with it in 15 minutes or so, and giving it as a gift or selling it to your brother.

 

[Cru]

Have him give you a gift of X dollars. You know, like for being such a nice brother OR he could lose X dollars to you in a poker game or something. Then with your winnings (or gift money) by a gun for yourself. Have your brother give you suggestions on what kind of gun he thinks you should buy. Then buy said gun. Then if you decide to give it to him as a present because you love him so much, and it just doesn't fit your hand, or whatever, then that would make you a great sibling.

Seems like it would work but it's all dancing on the line of legality, so... just be careful, you don't want to commit any crimes that would cause you to lose your right to carry yourself.

 

[INGunGuy]

As I'm typing this, it seems like a funny grey area so maybe i don't have it all quite right.

Since he cannot legally purchase a hangun, if he gave you money and you bought the gun he wanted for him, that would be an illegal straw purchase. However, because he is over 18, you can buy a gun and give it to him as a gift. Or I think he could buy a gun off of you. That's the part that seems weird. He can buy a gun off you, but not if you go out and buy it just for him to buy off of you.

Gun laws are fun!

The BATF decided that someone who is old enough to die for our country isnt old enough to buy a handgun from a FFL. BUT, since they are 18, they are legally allowed to purchase firearms and more specifically handguns from any private party just not a FFL. IMHO because like NoBama, the BATF is racist, or in this case, they like to age discriminate. I myself will purchase a handgun and give it to my 18 year old son as a gift as soon as he gets his LTCH.

INGunGuy

 

[VERT]

Just do what my buddies and I do when we don't want the wives to know what toys we have. Don't sell the gun to your brother. Just loan him the gun in exchange for your borrowing some money.

 

[indykid]

When my daughter turned 18, we stopped by our local law persons, signed her up for her Indiana 2nd amendment license, and when we got home I gave her a Sig 239 for her birthday. She just had to wait until that pink piece of paper came before she could carry it. (took just over 2 weeks which blew my mind!)

What I am getting at is that within your family, you could purchase the pistol and give it to your brother, with the money being family funds. Or you can purchase it, take it home, and sell it to him since you found the color looks different in your home than it did in the dealer's shop.

 

[INGunGuy]

Just do what my buddies and I do when we don't want the wives to know what toys we have. Don't sell the gun to your brother. Just loan him the gun in exchange for your borrowing some money.

Unfortunately in Indiana it is unlawful to use a handgun to secure a loan.

IC 35-47-4-2
Loans secured by handguns
Sec. 2. A person who makes a loan secured by a:
(1) mortgage;
(2) deposit; or
(3) pledge;
of a handgun commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.


INGunGuy

 

[downzero]

The BATF decided that someone who is old enough to die for our country isnt old enough to buy a handgun from a FFL.

Wrong. This is not a police state and the executive cannot make laws here.

The United States Congress decided that 18 to 20 year-olds couldn't buy handguns from FFLs when they created FFLs--in the gun control act of 1968.

 

[Loopie159753]

Thanks for the replies. I was planning on just buying the gun and giving it to him but I always like to get opinions first.

When I buy a gun is it tied to me in anyway? I would assume no due to the fact we don't have to register guns but I did fill out the background check info before I purchased my gun. Not sure if the serial number is written down in any way to show that I bought it.

 

[USMC_0311]

Thanks for the replies. I was planning on just buying the gun and giving it to him but I always like to get opinions first.

When I buy a gun is it tied to me in anyway? I would assume no due to the fact we don't have to register guns but I did fill out the background check info before I purchased my gun. Not sure if the serial number is written down in any way to show that I bought it.

You are on the "list" now, Welcome.

 

[XtremeVel]

When I buy a gun is it tied to me in anyway? I would assume no due to the fact we don't have to register guns but I did fill out the background check info before I purchased my gun. Not sure if the serial number is written down in any way to show that I bought it.

No registration in Indiana, but it is recorded as you buying it. If I understand it right, that paperwork remains at the FFL you bought it at.

 

[target64]

On the 4473 the FFL writes in the serial number,make,model and caliber of the firearm being transferred.

 

[Loopie159753]

So let’s say later on down the road he has to use the gun to protect himself. Will he get in trouble in any way or me for that matter because he didn’t buy the gun? Will whoever is investigating even be able to tell that I bought the gun?

Sorry for sounding so paranoid I just don't want something to come back and haunt me later on.

 

[jedi]

So let’s say later on down the road he has to use the gun to protect himself. Will he get in trouble in any way or me for that matter because he didn’t buy the gun? Will whoever is investigating even be able to tell that I bought the gun?

Sorry for sounding so paranoid I just don't want something to come back and haunt me later on.

All depends on who is prosecuting.
All the form does is trace the gun back to the last "known" seller who bought the gun.

Ie.
You buy Gun A on 09/05/2010; there is now a record of it.
You sell gun to Brother on 09/10/2010 ; there is no record of it (offically).
Brother sells gun to Person X on 01/0/2011 via Face 2 Face; again no record.

Person X commits crime and gun is taken by LEO. LEO will tend trace gun based on records avaliable. Last know record is to you. You may get a visit from LEO to ask questions. You explain you sold it to your brother.

Now LEO will go talk to your brother. He expalins he sold it to Person A. Now LEO will go talk to person A.

On and on...

If you are really, really paranoid then only sell your guns via an FFL transfer so that new paperwork is done and thus you no longer get visit from LEO. In the case above if your brother sold the gun via an FFL to Person A then the LEO when pulling up the records will see Person A was the last know buyer of said gun.

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[indykid]

So let’s say later on down the road he has to use the gun to protect himself. Will he get in trouble in any way or me for that matter because he didn’t buy the gun? Will whoever is investigating even be able to tell that I bought the gun?

Sorry for sounding so paranoid I just don't want something to come back and haunt me later on.

Not in any way unless for some reason he is found to be a felon or some other reason that he can't have a firearm. Being your brother, there is no reason that you couldn't give him the handgun as a gift. If he did have to use it, yes your name is on the sale paperwork, but again, you are his brother and have every right to give him a gift.

 

[Loopie159753]

If you are really, really paranoid then only sell your guns via an FFL transfer so that new paperwork is done and thus you no longer get visit from LEO. In the case above if your brother sold the gun via an FFL to Person A then the LEO when pulling up the records will see Person A was the last know buyer of said gun.

So then could I buy the gun and just transfer it to him or would I have to wait until he is 21 to transfer via FFL? Either way it looks like I will be giving my brother a gift soon. These laws can get really sketchy sometimes.

 

[jedi]

So then could I buy the gun and just transfer it to him or would I have to wait until he is 21 to transfer via FFL? Either way it looks like I will be giving my brother a gift soon. These laws can get really sketchy sometimes.

A transfer via an FFL requires the BUYER to be 21 for a handgun. So that is NOT possible for your situation with your borther right now.

 

[INGunGuy]

Wrong. This is not a police state and the executive cannot make laws here.

The United States Congress decided that 18 to 20 year-olds couldn't buy handguns from FFLs when they created FFLs--in the gun control act of 1968.

OK, then the Congress of the United States age discriminates against 18-20 year old's. Again, they are old enough to die for their country, but cant buy a handgun from a FFL... What a crock of ****.

INGunGuy