Missouri Handgun Question

F

Fallons Knives

Joined
Sep 10, 2008
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hey guys, well one of my sons is 18 he really wants to get a handgun to start practicing. i dont see a problem as it will be kept safe. but i can't seem to figure out the laws here. i know you have to be 21 to buy from a dealer or gun store. but if he buys one from say a forum or a gun selling site. does he still have to be 21? ive read mix answers. saying no you dont have to be 21 but then ive heard u have to apple for a purchase permit and dont you have to be 21 for that? im really lost and any help would be great. i would just buy it for him, but hes far away in missouri and wants to buy it himself. its one of those things.
 
I live in MO too and I know that it used to be 21 to buy a handgun but now I'm not so sure. There's no registration, waiting period nor permits--the way it should be but there may still be an age restriction. Call an FFL or the Sheriff's Department and ask. They WILL know.
 
yea i know its still 21 to buy from a dealer or store. but from a private party or a ffl transfer i thought it was 18. i figure if my son is old enough to vote and be drafted hes sure as hell old enough to own a gun.
 
Fallons Knives said:
yea i know its still 21 to buy from a dealer or store. but from a private party or a ffl transfer i thought it was 18. i figure if my son is old enough to vote and be drafted hes sure as hell old enough to own a gun.
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18 U.S.C. 922(b)(1) says an FFL can't transfer a handgun to anyone under 21. A purely intrastate private party sale (i.e., no FFL involved) wouldn't violate federal law merely because the transferee is between 18 and 21 years old.

Also, § 571.010(3), Revised Statutes of Missouri, defines any firearm with a barrel less than sixteen inches as a "concealable firearm," and § 571.101 requires that a person be at least 21 years old to get a "concealed carry endorsement," but the sections governeing transfer and possession of "concealable firearms" (§ 571.070 & § 571.070) don't contain any special age restrictions. I suspect that the folks who say you have to be 21 and apply for a purchase permit are confusing purchase requirements with the requirements for a concealed carry permit.
 
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You can POSSESS a handgun at 18, but you cannot purchase one from an FFL holder until you're 21.

The "online gun sources," to be legal, would involve an FFL somewhere along the line. Therefore, this is not a viable option for your son to pursue alone.

Were it me, I'd buy the gun myself and allow my son to use it. Not a bad idea for several reasons.

But, come his 21st birthday, he'd know about one present he was getting!

.

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hmm yea he only problem with me buying it is i live so far away id have to ship it. and you have to ship to a ffl license holder. which would require him to be 21 right?
 
From the ATF's FAQs:

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]


A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]



(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]


A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
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As long as it's all in state and you don't try to send it by US Mail, if you take the ATF at their word, it should be legal to send it to him directly. The problem seems come in finding a shipper that doesn't require that either the shipper or the recipient have some sort of federal firearms license. There don't seem to be any. So yeah, as a practical matter, it looks like you'd have to ship it to an FFL, who couldn't transfer the gun to anyone under 21.
 
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the problem is hes playing baseball at the university of missouri and cant leave. he has no breaks and i guess id have to drive it to him
 
If he lives on campus, he will have a hard time securing the gun. If he lives off campus with room mates, again, he'll have a hard time securing the gun.

Campus/school rules aside, I would be more concerned with some yahoo stealing the handgun than anything else.

Unless and until this is satisfactorily addressed, looks like the gun stays with Dad.

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now what about this. i read that you can ship a gun to yourself even if its out of state as long as its your name on the box and you open it when it arrives. what if we buy the gun and he ships it to his address the day before he flies home? i just read this so i don;t know if its legal or not. def dont wanna get into any trouble. and he doesnt live on campus he bought a 1 bedroom house from his baseball money.
 
Shipping the gun to hmself won't work because you can't send a handgun by US Mail and the major shipping companies won't accept a firearm for shipping unless the sender or the recipient or both has a federal firearms license. (It's not the law, but it is their policy.)

But as long as he's going to be there in person, he can just take the gun with him when he leaves. You can take a gun on an airplane as long as it's checked.

See here for TSA rules.
See here for links to specific airlines' rules.


ETA: Don't forget the ammo. You have to be 21 to buy handgun ammo, so he'll want to take some with him.
 
lol that slipped my mind. yea hes been shooting with me since he was 12. weve got plenty of ammo just no guns lol. thanks guys for all of your help. but are you sure a handgun wont get him in trouble if its on the plane?
 
Handguns are allowed. It's legal as long as he doesn't take it into a secured area of the airport and it's checked baggage in an appropriate locked container. But airlines may have requirements that go beyond the law, so you should check your airline's requirements first. (There's a link in my previous post.)
 
yea thank you, i checked with american which is what he flies and its looks ok. so this just might work out lol. thanks guys for everything
 
Would your son be able to transport the pistol without a concealed carry permit....or take it to and from a range to shoot it? Might be best to check this carefully.....an unwitting offense could still be prosecuted....
 
well when we lived in PA we used to drive seperatly to the range. and he would have a few pistols and long guns. he got stopped one time for a brake light and immediatly declared he had guns. the officer thanked him and looked at the guns. when he asked where he was going he said the range and the cop let him go no problem.
 
The thing to check is what distiguishes "concealed carry" and "possession"....
in respect of "transportation"....can your son transport a "concealed carry firearm" without a "concealed carry permit"....if they ask for a permit at the airport and he has none and they say he requires one to be carrying the pistol....

The issue is ....is the pistol in a gun case still deemed to be....carried....and because of the definition of a pistol....in need of a concealed permit....

At an airport they will know what paperwork is needed....it might be better to check this carefully beforehand....the Statutes read to me like they are potentially all geared to making pistols and carrying them only legal with a permit....a round about way of restricting practical ownership until the age of 21....I would ask the NRA for advise on this....
 
dam lol thought i had this solved. yea i was worried about them checking his papers. hhmm ill ask and if anyone knows for sure please feel free to chime in

well from what ive read, you have to be 18 to check any gun in and you do not have to have a CCP. now if he takes it out when he lands and a cop sees him then yea hes screwed. but flying with it, it seems like its ok. idk though
 
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