Why are many people misinformed about gun laws? 18-year-olds can LEGALLY purchase and carry concealed handguns

Question

According to U.S. Code, Title 18, Part I, Chapter 44, §922, here:
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html
or here:
http://www.atf.treas.gov/pub/fire-explo_pub/gca.htm

"(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."

Brady Campaign
"The Brady Law made it illegal for children under age 21 to purchase handguns from licensed dealers, although a loophole still permits 18-21 year olds to purchase handguns from private or unlicensed individuals."
http://www.bradycampaign.org/facts/issues/?page=kids

Part II: State laws

Most state laws are in accordance with the federal law that ANY PERSON WHO IS NOT A FEDERALLY LICENSED GUN DEALER may sell any gun to any 18+ year old.

Federally licensed gun dealers have to follow the 18/21 rule. No one else does.

See
http://www.statemaster.com/graph/gov_gun_law_pro_per-government-gun-laws-prohibited-persons
if you don't believe states allow 18 year olds to purchase and use handguns.

Maine easily grants concealed firearms permits to anyone 18 or older who meet the criteria - state resident or not.

Indiana grants concealed firearms permits to anyone 18 or older who meet the criteria - state residents and some non-state residents.

Alaska and Vermont permit anyone with a valid driver's license to carry concealed.

Other states also grant concealed handgun permits to 18 year olds, some with conditions some without. For example, West Virginia grants the concealed firearms permit to 18 year olds if it's job related. I'm not going through every state.

Don't believe me? Look it up.

Hell, you don't even have to apply in person or be a resident to obtain a permit from half these places.

********MYTH BUSTERS!!!************

The myth is busted.

18-year-olds may purchase and carry a concealed handgun. Or two. Or three.

Yea, the laws can vary from state to state and locality to locality, but a majority of the states allow 18 year olds to purchase handguns from individuals and then carry the handgun concealed.

If you were to take one gun safety class and pay a small fee, send in the completed application, then as long as you aren't a convicted felon/etc., the State of Maine will issue you a Concealed Weapons Permit, whether you are a state resident or not. Indiana will just about do the same thing.

If you get a concealed weapons permit issued by Maine, it also allows you to carry concealed in these states:
AK, ID, IN, KY, MI, MO, OK, SD, TN, UT, VT

If you get one issued by Indiana, you can also carry in:
AL, AK, CO, FL, GA, ID, KY, LA, MI, MO, MT, NH, NC, ND, OK, SD, TN, TX, UT, VT, WY

http://www.ccrkba.org/reciprocity.html

States that issue concealed handgun permits to 18-year-olds have reciprocation agreements with other states. Which means you can carry in any state that they have an agreement

Answer 1

Texas... "Texas Concealed Handgun Laws".. Issued by the Texas Dept. of Public Safety.

Eligibility:

GC #411.172 - (1) Is a legal resident of this state for the six month period preceding the application under this sub chapter..........

(2) MUST BE 21 YEARS OF AGE.

PC#46.06 - (a) A person commits an offense if the person:
(1).... refers to persons knowing it will be used unlawfully...

(2) Intentionally or knowingly sells, rents, leases, or gives or OFFERS to sell, rent, lease, or give to any child younger than 18 years any firearm, club or illegal knife.

So, you are incorrect that 18 is the legal age to carry concealed in our state.

You are correct that 18 year olds can purchase handguns in Texas.

Re: Residents of other states carrying in Texas. All persons must adhere to Texas Laws for Concealed Carry. So, NO!... 18 year olds from other states cannot carry concealed in Texas.

Re: Indiana Lisc. are NOT honored in Texas.... Get your facts right !!!!!!!!!!!

Answer 2

To answer the actual question: The reason people are misinformed is they get bad information from everyone, including law enforcement agencies, and the media.

Fact 1: Legislation varies from state to state, county to county, and heck even city to city.

Fact 2: With all the legislation put up, very few people know what the current rules are. If the rules recently changed in the state, who has precedence, the county, city or state? There are several states that are finally reasserting they have the right to decide, not the cities.

Fact 3: Absolute power corrupts absolutely. There are people who want to control the actions everyone takes. If no one complains, they take a few more rights away.

Fact 4: The best person to ask is your local gun dealer, NRA leaders, etc. They will know what the rules are that apply to you.

Fact 5: The media knows nothing about everything. They know even less when it comes to firearms, and they are very eager to prove it. Of course, since it comes from the media, it must be true. ARRRRR!!!!

I know in the State of AK, you cannot purchase a handgun from a dealer if you are under 21. I've seen too many turned away because they weren't.

Private sales are another issue, which I don't have any experience or knowledge.

You can purchase rifles, and I assume shotguns if you are 18.

I think that is what causes the confusion.

Anywho: I can guarantee, in AK, if you are under 21, you cannot carry concealed. I can't speak on any other state as I do not live there. But I do know the laws in my own state. I follow the legislation very very closely.

http://www.dps.state.ak.us/PermitsLicensing/achp/index.asp
HB 102, signed by the Governor on June 11, 2003 changes Alaska Statute 11.61.220 to allow anyone 21 or older, who may legally carry a firearm to also carry it concealed without having to obtain a special permit.

Also the state of AK has reciprocity, as of Feb 2007, with the following states:
1. Alabama
2. Arizona (Agreement)
3. Colorado
4. Delaware
5. Florida (Agreement)
6. Georgia
7. Idaho
8. Indiana
9. Kansas
10. Kentucky
11. Louisiana
12. Michigan
13. Mississippi
14. Missouri
15. Montana
16. New Hampshire
17. New Mexico
18. North Carolina
19. North Dakota
20. Ohio (Agreement)
21. Oklahoma (Agreement)
22. Pennsylvania (Agreement)
23. South Carolina
24. South Dakota (Agreement)
25. Tennessee
26. Texas (Agreement)
27. Utah
28. Vermont
29. Virginia (Agreement)
30. Wyoming (Agreement)

This is culled from Packing.org's website. It was a pain, but this is what they have for information. I forgot to flag if they require a permit or not, someone else can look that info up.

Alabama - 18
Alaska - 21
Arizona - 21
Arkansas - 21
California - 21
Colorado - 21
Connecticut - 21
Delaware - 18
Florida - 21
Georgia - 21
Hawaii - unknown
Idaho - 21
Illinois - unknown (I don't think you can get one here)
Indiana - 18
Iowa - 18
Kansas - unknown
Kentucky- 21
Louisiana - 21
Maine - 18
Maryland - 18
Massachusetts - 21
Michigan - 21
Minnesota - 21
Mississippi - 21
Missouri - 23 (wow!!!)
Montana - 18
Nebraska - unknown
Nevada - 21
New Hampshire - 18?
New Jersey - 21
New Mexico - 21
New York - 21
North Carolina - 21
North Dakota - 18
Ohio - 21
Oklahoma - 21
Oregon - 21
Pennsylvania - 21
Rhode Island - 21
South Carolina - 21
South Dakota - 18
Tennessee - 21
Texas - 21
Utah - 21
Vermont - Unknown (open permit)
Virginia - 21
Washington - 21
West Virgina - 21
Wisconsin - unknown
Wyoming - 18

Someone else can count them up. But I think 21 is the vast majority.

If I got one wrong, its only cause its 12am here. I'm going to bed.

Answer 3

Yeah, your as right as you are right, under the circumstances you stated it is legal for an 18 yr old to own and carry a handgun.

It is not impossible but the laws do vary from state to state and even locality to locality.

In some places an 18 yr old can legally carry a handgun in others it is strictly forbidden and can make you a felon.

Unfortunately there is no simple yes/no answer.

As with everything involving gun laws check with local law-enforcement or other knowledgeable people before assuming anything.

Answer 4

When I was in Florida, I was 19 years old. Florida law stated that I could "possess" a handgun at age 19, but could not "buy" one, nor buy handgun ammunition. I had joined the local Sheriffs Department in those days and was about to go through the police academy. I was expected to furnish my own handgun. I had my Mom get me the gun, because I could not legally buy it. My department gave me issue ammunition. That was 1984.

I'm sure some states have modified their gun possession and purchasing laws since then. But in many states, to my knowledge, you need to be 21 to buy a handgun, and 18 to purchase a long gun. That rule might vary in some states, but generally that has been the rule.

Answer 5

I am in Texas and an 18 year old can buy and carry here, but the problem comes in when you consider that despite the majority of places you mention that go with my kind of laws, a huge percentage of the US population lives in cities or states with more restrictive laws. I am near Houston, US city #4. NY, LA, and Chicago all have very restrictive laws and they are #1, #2, and #3 population wise. NY allows more freedom outside the NYC area, but is still more restrictive than Texas. Forget California, while it allows guns, it doesn't allow much firepower. Illinois loosens up as you move away from Chicago, but who in Illinois doesn't live near Chicago?

Misinformation comes when people think the rules are the same everywhere. Seems odd so many people have so many rules to follow because those rules exist in comparitively few places -- but there are an awful lot of people in the places with those extra rules.

I am OK with all that. Been a survivalist since Katrina, and if it ever comes down to a gunfight between me and them, they will run out of ammo first. Being the first one to run out of ammo in a gunfight kinda sux.

Peace.

Answer 6

I live in MO, and have a MO carry permit.
Many states, as you pointed have reciprocity, but at least with Missouri, reciprocity still only applies if you meet the MO requirements - which means regardless of what state you're FROM, you have to be 23 to carry here.
I expect that most other states are the same - if you can get a permit to carry in your home state at 18, but you're visiting somewhere with a higher minimum age, you're not going to be legal.

Answer 7

Don't forget state-to-state laws may differ but the ATF still prevails in the gun world.
As for now you must be 21 to legally obtain and posses a handgun in these United States of ours. (you can try the loop holes if ya want, but don't forget Ruby Ridge or Waco!)
Although you may be able to plead the 5th, and say you filled out the spanish form when you bought it.
Good luck

Answer 8

No, if the law states they can't sell to anyone under 21, then its illegal to own a handgun under 21. Although laws depend on your state, like my state Florida, you can own a shotgun or rifle at 18, when you turn 21 you can get a handgun.

Answer 9

While i agree with most of your points, and your research is very well thought out, I have to disagree with one point, the majority of states do NOT allow 18 year olds to buy a handgun, the majority of states require the minimum age of 21. Long guns the buyer can be 18 in most states tho.

Answer 10

Well said Jubal

Texas "honors" the Indiana permit but does NOT have reciprocity with them. That means the 18 yr olds cannot carry in Texas.