Posted on Apr 17, 2017
Can a parent purchase a handgun for their child who is under 21?
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I was interested in purchasing a handgun for my home, considering I live near Baltimore and my wife and I work on different shifts at times. My home state is Ohio, and I have read that a parent can purchase their child a handgun regardless of age. How does that work if I don't live with my parent, and I had planned on giving them them the money for it. Is that considered a straw purchase?
JAG
Legal Services
Firearms and Guns
Handguns and Pistols
Weapons
Posted >1 y ago
Responses: 15
Under Federal law, people under 21 cannot buy a handgun from an FFL, but they can buy one from a private individual. Also, people under 21 can be gifted a handgun. If your parents buy you a gun, and you pay them for it, that is a straw purchase regardless of whether you could have legally bought the gun yourself. If your parents already have the gun, and you buy it from them, that's ok. To buy a gun from someone in another State, they have to ship it to an FFL in your State.
Check on the laws of Maryland regarding handgun possession.
Check on the laws of Maryland regarding handgun possession.
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I wouldn't rely on this forum for an answer as it's solidly a state law question best answered by the State AGs office. Also, Federal law prohibits transfer to someone under 18. Some exceptions exist under 18 U.S.C. § 922(x)(2), (5), so you want to review that as well. There's stuff about juveniles having weapons for employment (e.g. ranches), transporting, etc. One issue that has caused the regulations and case law to get tinkered with is the concept of "constructive possession". Go over that as well. I'm not one to give advice on what's OK and not, but at least I can give you a few things that you need to look into. Straw purchases become a big topic when something illegal happens involving a juvenile and weapons. Good to ask the AG office. My best real advice is to ask at the source and stay well clear of the legal/illegal line.
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SGT(P) (Join to see)
Thank you for the response. I turn 21 late this year, so I am in a kind of "grey area" with buying and owning a gun. I guess if worst comes to worst, I will settle with a rifle and just treat myself later in the year.
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CAPT Kevin B.
I waited until 21 as well. Learned reloading, including casting my own bullets, so I could afford to shoot. Stuck with it because I could make better stuff for the specific use vs. factory made. It was essential for service match shooting later on. Now I do it because it's therapeutic. BTW stuff that's legal in one state is illegal in another. California is notable for your normal AR magazine, suppressors, etc. being big no-no's. I recommend anyone check into the new PCS location to ensure you don't get sideways with the law later on.
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1LT William Clardy
The letters and words may be in black and white, PO1 John Crafton, but there is ample grey area, with federal handgun-ownership exemptions for law-enforcement officers younger than 21, and and the difference in constraints on loaning a handgun to a juvenile versus an adult under 21 -- just to name a couple that come to mind. On top of the national laws -- which are always subject to reinterpretation by the BATF -- there are the state laws and local ordinances, with varying degrees of constitutionality and practicality.
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SPC (Join to see)
SGT(P) (Join to see) - Buy a Shotgun or Carbine in the meantime if you are concerned about your home. When you hit 21 go nuts, buy your handgun. Lastly always check your laws. Some States...
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I am not sure from your post what state (Maryland or Ohio), you plan on making this purchase. Ask your question at a reputable gun shop. Thy will not sell you a handgun that would jeopardizes their Class III license. You can also call the State Firearms licensing division and ask them the same question. Good luck Sir.
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