View Full Version : Minor - possesion of a pistol?
Colin
March 27th, 2007, 05:47 PM
Is it illegal for me to take my uncle's pistol's to the range to fire them if Im alone? Being the law is 21 to own one I'm assuming it is but Im hoping theres a loophole somewhere.
The pistols are pretty much mine, just not in paper(obviously).
In transit they would be locked in cases if it makes a difference.
18to80DDC
March 27th, 2007, 05:53 PM
There is a high chance of meeting a LEO at the shooting range, and you don't look 21. If they cite you, you probably wouldn't get the pistol back. I wouldn't risk it.
sweater
March 27th, 2007, 06:04 PM
Colorado Revised Statute 18-12-108.5 (http://www2.michie.com/colorado/lpext.dll/Infobase4/2abee/2e9af/2e9d7/2eae7?f=templates&fn=document-frame.htm&2.0#JD_18-12-1085):1) (a) Except as provided in this section, it is unlawful for any person who has not attained the age of eighteen years knowingly to have any handgun in such person's possession.
Not to say that you wouldn't get hassled by LEO if they wanted to take issue with it, but the law does seem to say "If you're 18, you can possess a handgun."
- mike
JeepWheelin02
March 27th, 2007, 06:37 PM
You have to be 18 to possess a handgun and 21 to buy one.
potter
March 27th, 2007, 07:50 PM
yeah, it's really a weird law. you can technically walk into a store and buy some 18 year old a handgun. you don't even have to be a parent or guardian.
Colin
March 27th, 2007, 08:03 PM
There is a high chance of meeting a LEO at the shooting range, and you don't look 21. If they cite you, you probably wouldn't get the pistol back. I wouldn't risk it.
Ive never seen one there yet, its private and locked/gated. But Im sure they have access, its only a matter of time.
Colorado Revised Statute 18-12-108.5 (http://www2.michie.com/colorado/lpext.dll/Infobase4/2abee/2e9af/2e9d7/2eae7?f=templates&fn=document-frame.htm&2.0#JD_18-12-1085):
Not to say that you wouldn't get hassled by LEO if they wanted to take issue with it, but the law does seem to say "If you're 18, you can possess a handgun."
- mike
Very interesting, might have to ask some of the local LEO's what they think. I really would like to be able to go down there. My uncle's a disabled vet but rarely is feels up for a trip to the range.
quivvy
March 30th, 2007, 12:06 AM
yeah, it's really a weird law. you can technically walk into a store and buy some 18 year old a handgun. you don't even have to be a parent or guardian.
ENTIRELY FALSE. Buying for minors is ILLEGAL, as is buying a gun for anyone but yourself... however, a handgun can be given as a "gift" to a minor... yes, a weird law.
Yes, check the colorado statutes - and federal law. 18 to posess a handgun, 21 to purchase them. Depending on state law (according to federal law too i believe), you can purcahse or transfer posessions to persons 18 or older.
call up state/local law enforcement as well to double check -- make sure to write down the date and name of the officer you spoke to and keep it with you. as long as you are 18 or older your fine legally with all the research i've done.
Yota
March 30th, 2007, 02:55 AM
I wouldn't call law enforcement to ask for legal advice. Call a lawyer.
denverd0n
March 30th, 2007, 09:27 AM
ENTIRELY FALSE. Buying for minors is ILLEGAL, as is buying a gun for anyone but yourself...
Actually, it is legal to buy a gun for someone else, so long as it would be legal for them to buy the gun for themselves in the same situation. What is illegal--the feds call it a "straw man" purchase--is buying a gun for someone who would not be able to buy it for themselves. So, for instance, I can go into a gun store and buy a gun for my wife. I cannot go into a gun store and buy a handgun for my son (who is only 18). On the other hand, I can go into a gun store, buy a handgun for myself, and later give that gun to my son as a gift.
Yeah, the laws are just weird. They make no sense. It's almost as if they've deliberately made them confusing enough that they can catch a lot of otherwise-law-abiding citizens making minor technical errors.
Oh, yeah, and Yota is right. You don't ask LEOs for legal advice, you ask a lawyer. Asking an LEO for legal advice is a little bit like asking the dishwasher at a restaurant for a recipe--his job is just to clean up the mess after the fact.
Budman
March 30th, 2007, 06:30 PM
Actually, it is legal to buy a gun for someone else, so long as it would be legal for them to buy the gun for themselves in the same situation. What is illegal--the feds call it a "straw man" purchase--is buying a gun for someone who would not be able to buy it for themselves. So, for instance, I can go into a gun store and buy a gun for my wife. I cannot go into a gun store and buy a handgun for my son (who is only 18). On the other hand, I can go into a gun store, buy a handgun for myself, and later give that gun to my son as a gift.
Yeah, the laws are just weird. They make no sense. It's almost as if they've deliberately made them confusing enough that they can catch a lot of otherwise-law-abiding citizens making minor technical errors.
Oh, yeah, and Yota is right. You don't ask LEOs for legal advice, you ask a lawyer. Asking an LEO for legal advice is a little bit like asking the dishwasher at a restaurant for a recipe--his job is just to clean up the mess after the fact.
Not argueing here, just a little confuesed. Why then when I fill out the form does it ask if you are purchasing this for someone else? If I put yes, they will not sell it to me.
denverd0n
April 2nd, 2007, 09:29 AM
The whole thing is screwy. I used to have an FFL myself, and one of the reasons I got out of the business of selling is because the laws are just so f---ed up that it's practically impossible to follow them all exactly to the letter.
If you read the laws there is nothing that prohibits you from buying a gun for someone else, so long as it would be legal for them to buy the same gun in the same circumstances themselves. But, yes, the form asks if you are buying for someone else. What my attorney told me is that, if someone marks that box yes, I would then be responsible for verifying that the person they are buying the gun for is legal. That is, I should get answers to all the other questions about both the person buying and the person the gun is for. I should verify the identification of both the person buying and the person the gun is for. And so on.
In the end, it's just not worth the hassle and so practically all dealers simply won't sell to you if you mark that box "yes." Technically, though, if they wanted to deal with it, they could.
Reminds me of the line from "Tremors III" when the government guys ask Burt Gummer what they should do to help. He says, "Why don't you do what you do best. Find something simple and complicate it!"
Budman
April 2nd, 2007, 11:43 AM
The whole thing is screwy. I used to have an FFL myself, and one of the reasons I got out of the business of selling is because the laws are just so f---ed up that it's practically impossible to follow them all exactly to the letter.
If you read the laws there is nothing that prohibits you from buying a gun for someone else, so long as it would be legal for them to buy the same gun in the same circumstances themselves. But, yes, the form asks if you are buying for someone else. What my attorney told me is that, if someone marks that box yes, I would then be responsible for verifying that the person they are buying the gun for is legal. That is, I should get answers to all the other questions about both the person buying and the person the gun is for. I should verify the identification of both the person buying and the person the gun is for. And so on.
In the end, it's just not worth the hassle and so practically all dealers simply won't sell to you if you mark that box "yes." Technically, though, if they wanted to deal with it, they could.
Reminds me of the line from "Tremors III" when the government guys ask Burt Gummer what they should do to help. He says, "Why don't you do what you do best. Find something simple and complicate it!"
Hi, I'm from (insert gubment agency here) and I am here to help.
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