Gifting a handgun to someone under 21 missouri

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1. I have heard mixed things about this subject, and I would greatly appreciate it if someone were to give me a clear answer on this.

   Can I be given a handgun as a gift at 18 in the state of Missouri? I have been told the following stories:

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   • Can you gift a pistol to an 18 year old in Missouri?
   • Can you gift a handgun to someone under 21 in Mo?
   • How old do you have to be to be gifted a handgun in Missouri?
   • Can you gift a pistol in Missouri?

   Local gun shop #1: Absolutely not
   Local gun shop #2: Yes, you can receive the gun as a gift, but you cannot transport it without a parent or legal guardian in the vehicle
   Local gun shop #3: Sure, no problem

   Online research: Indicates no real problems with it, and I can be given a handgun as a gift at 18, and transport it as long as it's not in an easily accessible area and the ammunition for it is stored separately.

   What gives?

2. I'm not familiar with MO gun laws, but this link will help:

   http://www.nraila.org/GunLaws/

3. I have discovered the source of your problem:I would stick with Local gun shop #3, if I were you, but they were probably just guessing like the other two were.

   http://www.moga.mo.gov/statutes/c500-599/5710000060.htm

   Unlawful transfer of weapons, penalty.

   571.060. 1. A person commits the crime of unlawful transfer of weapons if he:

   (1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of section 571.070, is not lawfully entitled to possess such;

   (2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child's custodial parent or guardian, or recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers any firearm to a person less than eighteen years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or

   (3) Recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

   2. Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class D felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor.

   Federal law:
   18 USC 922(x):
   http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000922----000-.html

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

4. Interesting. I thought it was 18 for general firearms, and 21 for handguns.

   Not that walmart is a good source of info, but while buying a brick of .22LR, I was asked if it was for pistol or rifle. When I said, "What's it matter?" the clerk said, according to the computer, I had to provide proof of age 18 for rifle ammo, or 21 for pistol ammo. Either is ridiculous, I'd be thrilled to look as young as even 30.

5. That's because Wal Mart holds a Federal Firearms License:

   http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000922----000-.html

   18 USC 922 (b)(1):
   (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
   (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

6. You may accept a handgun as a gift at 18, but not buy one from a dealer until 21. Missouri's 'car carry' provision provides that you must be 21 to carry a concealed loaded handgun in a vehicle. You must be 23 to obtain a ccw in Missouri.

7. i have no clue, but i would think you would have to be 21. even if you would get it, you will have trouble buying ammunition, since you gotta be 21 to buy handgun ammunition.

8. 1. Thank you for being honest.

   2. We have posted the applicable statutes that prove the 18 age limit.

   3. Depends upon who is friends/family are. They could provide plenty of ammunition to him.

   4. The 21 age limit is only if buying ammunition from a licensed dealer. There is no license required to sell ammunition only at retail. The OP could obtain ammunition from private parties and dealers in ammo only that are not required and do not possess FFLs.

9. OK, so I CAN carry a handgun in the vehicle alone at 18, provided it is not loaded?

   P.S: Yes I can get ammunition for it, that's not a problem. I don't want to give the wrong impression, my father is currently taking me shooting and has taught me proper gun safety at the range. We go shooting together quite often at the moment, usually once every other week or so. It's an enjoyable hobby for us both, and even though I am quite new to the sport, we can both teach other a thing or two. It's a great opportunity for father/son bonding.

10. I would call my local sheriffs office and find out for sure. To me, the whole having a relative buy your ammo for you just seems shady and like you would be asking for trouble.

11. The statute regarding "straw purchase" of both firearms and ammunition is 18 USC 922 (a)(6):

    (a) It shall be unlawful—
    (6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;

    So:
    First, there can be no straw purchases made from non-licensed persons/dealers in ammo.

    Second, if dad/friend buys the ammo from a licensed dealer and the transactions goes like this:
    Clerk: "Is this for a handgun or rifle?"
    Buyer: "Handgun."
    Clerk: "Are you over 21 years old?"
    Buyer: "Yes."

    There is no violation of the statute because all oral and/or written statements made by the buyer were absolutely truthful. The dad/friend then turns around and hands the ammo to the 18+ son/daughter/friend, still in complete compliance with the statutes previously posted above. There is nothing shady or asking for trouble at all about it. No laws are broken.

    It seems like there are some who just don't like the idea of an 18 year old with a handgun. I am just curious, do you also feel it is "shady" to buy a firearm in a private sale with no background check or records? The same statutes require background checks and records when buying firearms from dealers, but not private party transactions.

12. NavyLT,

    I'm not trying to start anything. I'm just saying if I was the the OP, I would ask my local sheriff's office rather than going off what people over the internet tell me.

    The ammo issue seems shady to me because it seems similar to buying beer or cigarettes for someone under age. If the law says nothing about possessing the ammo, then all is good and well....but if it were me, i would contact law enforcement and ask to be safe. Just because documentation has been posted on the internet does not mean it is always up to date. If you go to my local sheriffs website for missouri. It still says you can not buy a handgun without a permit. This was changed several years ago by Governor Matt Blunt. Not everything on the internet is accurate and it is better to check with your officials and be safe

    in regards to the question about selling a firearm, I have no problem with people selling firearms to others. If criminals want firearms, they are going to steal them rather than purchase them. That is why they are criminals.

    We are all progun here, if we were not then why would we be posting on a gun forum on a saturday night. All I am saying is the OP should check with his sheriffs office, do you really have an issue with that advice?

    Last edited: Jul 10, 2010

13. Actually, yes I really do have an issue with that advice, and I'll bet I am not alone regarding that. It is not a good idea to ask local LEO for legal advice. They are not experts in the law. Neither are gun dealers. The best source of information on firearms laws are lawyers with experience in firearms laws and the BATFE.

    I simply prefer to post what actual statute and laws say, rather than personal opinions.

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Can you gift a pistol to an 18 year old in Missouri?

Can you gift a handgun to someone under 21 in Mo?

How old do you have to be to be gifted a handgun in Missouri?

Can you gift a pistol in Missouri?