Can a parent purchase a handgun for their child who is under 21?

2017-04-17T00:22:05-04:00

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?

Response by SGT(P) Private RallyPoint Member made Apr 17 at 2017 12:22 AM

2017-04-17T00:22:34-04:00

As far as I am aware, to avoid a straw purchase, they just have to know it is for me, am I correct in saying that? Just want to avoid any legal trouble.

Response by CAPT Kevin B. made Apr 17 at 2017 1:50 AM

2017-04-17T01:50:18-04:00

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.

Response by SPC Ronald Borders made Apr 17 at 2017 8:15 AM

2017-04-17T08:15:53-04:00

You would be better off buying him a shotgun, instead of a handgun. Federal law prohibits the sale of handguns to anybody under the age of 21. Shotgun and rifle age is 18. But I would also check local, state, and federal laws.

Response by SPC Elijah J. Henry, MBA made Apr 17 at 2017 8:19 AM

2017-04-17T08:19:14-04:00

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.

Response by SFC George Sease made Apr 17 at 2017 9:24 AM

2017-04-17T09:24:10-04:00

I am pretty sure that the answer is no.

Response by CPT Lawrence Cable made Apr 17 at 2017 10:50 AM

2017-04-17T10:50:16-04:00

The first item that comes up is that it is illegal for someone under 21 to possess a handgun in Maryland. Federal law prohibits the purchase before age 21 from a FTL, but allows possession of a handgun if you are over 18. That doesn't help in Maryland.

Response by 1LT William Clardy made Apr 17 at 2017 12:15 PM

2017-04-17T12:15:00-04:00

Speaking as someone who purchased his first handgun at the ripe old age of 19 in Phenix after the a sharp-eyed detective in the Columbus PD asked me if the birthdate on my application for a permit to purchase and carry was correct, there is a significant difference between "purchase" and "legally purchase".
But the scenario you offer would not only be considered a straw purchase, but it would also be considered an illegal interstate sale.
Also, throwing in an answer to an implicit question you didn't ask, if you are considering a firearm for home defense, might I suggest you consider a 20-gauge shotgun instead of a handgun? Not only will you not be giving up anything in lethality, but you'll also be gaining all the handling and aiming advantages of a 2-handed weapon (and not have to deal with the weight/recoil issues of the more "manly man" 12-gauge weapons).

Response by SPC Private RallyPoint Member made Apr 17 at 2017 2:42 PM

2017-04-17T14:42:02-04:00

Depends on your State. In Arizona for example I did this very thing for my brother before he shipped to BCT. He was 20, and while he was gone he let his wife carry it until he returned.

How this traditionally works is that even though you are under the age to buy a handgun a handgun can still be gifted to you or you can still inherit one from a deceased family member.

You giving the money to the person buying it does count as a straw purchase, it has to be a gift.

I would check your State, County, and City laws regarding the ownership, carry, and concealed carry of your weapon before you receive your gift or make any attempts at a purchase.

Response by SPC Tony Fewell made Apr 18 at 2017 12:42 AM

2017-04-18T00:42:35-04:00

Oklahoma just sined into law a bill that if you are in the Military, Active, Guard or Reserves and under 21 you can concealed carry or open carry.
https://www.google.com/amp/taskandpurpose.com/youre-military-can-now-carry-gun-oklahoma-18/amp/

If You’re In The Military, You Can Now Carry A Gun In Oklahoma At 18

A new piece of legislation extends eligibility for handgun licenses to veterans and members of the armed forces who are under the age of 21.

Response by Cpl Terry Cooper made Apr 20 at 2017 12:02 PM

2017-04-20T12:02:04-04:00

Read your state and federal laws. If they all ain't the same. I live in Maryland. No one under 21 can not have a handgun. Now. They can have a rifle shotgun and muzzleloader tho.

Response by Sgt Albert Castro made Apr 21 at 2017 12:58 AM

2017-04-21T00:58:32-04:00

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.

Response by PVT Private RallyPoint Member made Feb 7 at 2019 1:39 PM

2019-02-07T13:39:45-05:00

yes that is a straw purchase

Response by AB Private RallyPoint Member made Jun 9 at 2020 11:32 PM

2020-06-09T23:32:11-04:00

im nadeem jamali im buying a handgun

Response by CW4 Private RallyPoint Member made Aug 8 at 2020 3:10 PM

2020-08-08T15:10:11-04:00

The best answer is if your folks want to purchase you a handgun it is best if they just give you the money to purchase it. Your parents can buy one and give it to you but you both have to go through a FFL dealer meaning you both have to pay a fee and there cheapest I have seen is 25 bucks. The only way your folks can give you a gun is if it was if they had it before all the federal firearms security act. Than there firearm would not be in the system but legally they want it through a FFL ship they know where to come and get it. If it's a new gun best just to have them give you money for it.

Response by CPT William Jones made Oct 24 at 2020 9:48 AM

2020-10-24T09:48:06-04:00

That could be considered a straw purchase. There also age requirements on some firearms like pistols and people under 21