is it legal to carry......

This is a discussion on is it legal to carry...... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; With a permit to carry is it legal to carry a gun that is not registered in your name? the real questions is can i ...

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Thread: is it legal to carry......

  1. #1
    Member Array Chazeman2's Avatar
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    is it legal to carry......

    With a permit to carry is it legal to carry a gun that is not registered in your name? the real questions is can i carry a handgun that my dad bought for me when i was 18?

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  3. #2
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    You will have to check your states laws. I'd recommend starting at Handgunlaw.us, and or contacting your state's Attorney General's office, or a lawyer who handles a lot of firearms stuff in you area.

    I'd also review the ATF's standards for what a straw purchase is, as what you described above classifies as one.
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    It will depend on your states laws. Most states do not require gun registration. Don't confuse the ATF form 4473 with state registration.

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    Distinguished Member Array MinistrMalic's Avatar
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    I would highly recommend that you search for and understand Minnesota gun law before you carry. (I am assuming your location tag is where you primarily carry) Knowing your state and local ordinances is the only way to stay out of trouble, and when it involves firearms there seems to be no way to get into "a little bit" of trouble!
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    Member Array dang.45's Avatar
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    Quote Originally Posted by Chazeman2 View Post
    With a permit to carry is it legal to carry a gun that is not registered in your name? the real questions is can i carry a handgun that my dad bought for me when i was 18?
    I see you are in MN - there is no registration in MN, so the question does not apply, assuming you are asking about carrying in MN... So the answer to your 'real question' is an unequivocal YES.

    I'm in one of the many 'burbs of the Twin Cities, if that helps give any credibility to my answer...

    ETA: I'd look for and pick up a book titled, "Minnesota Permit to Carry a Firearm Fundamentals". It is an excellent and very easy to read reference for the laws regarding carry in MN. There are also two local (to the Twin Cities) 'carry' forums:

    http://www.mnguntalk.com
    http://www.carryforum.com/forum

    I'm partial to the first one, but both are excellent resources for all things MN carry related - and for plenty of other things as well. Enjoy!
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    VIP Member Array hogdaddy's Avatar
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    In alot of states, You can own & carry one(WHILE HUNTING) or in veical-check your local laws I don't think you can CC till 21,again check laws. JMO

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    Member Array RA229's Avatar
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    Quote Originally Posted by Chazeman2 View Post
    With a permit to carry is it legal to carry a gun that is not registered in your name? the real questions is can i carry a handgun that my dad bought for me when i was 18?
    Yes if you are 21 or older and have your CCL. Your gun was a gift, it's yours.
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    VIP Member Array jwhite75's Avatar
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    The gun is yours. It is in nobody's "name" A lot of people think there is a "master list" with every gun you own or have bought. If it is yours you can carry it.
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    Quote Originally Posted by buckeyeLCPL View Post

    I'd also review the ATF's standards for what a straw purchase is, as what you described above classifies as one.
    INAL -- However, as I understand it, a gun bought as a gift to someone who can legally possess it is not the same as a proxy purchase under Federal or Virginia Law.

    Here in Virginia, buying a gun with the express intention of giving it as a gift is is a common practice. OTOH, taking cash from someone so you can buy them a gun is a violation.

    I seem to remember that gift giving was explained on the back of the 4493 form that you fill out when you buy from a licensed dealer -- something along the lines of it being a legitimate gift if you use your own money. Anyone have one handy? Is that still there?

    I don't see where any other laws come into play, here in Virginia, as we have neither a State registration requirement, nor State licensees to "own/possess a gun" requirement, and our CHP is not limited to type or a particular handgun, and as private transfers between individuals are legal, here.

    This issue has come up recently in another thread.

    Any FFL or attorneys here who can weigh in on this question?

    BTW -- I am talking intra-State not inter-State gifts, here.
    Last edited by DaveH; November 16th, 2009 at 12:13 PM. Reason: Added BTW
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  11. #10
    Distinguished Member Array Madcap_Magician's Avatar
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    Minnesota does not require gun registration of any kind, so the odds of your gun being registered to anyone are rather slim.

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    VIP Member Array Stevew's Avatar
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    Mississippi does not require registration. Nor does Mississippi have a means to register firearms.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

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    Member Array Chazeman2's Avatar
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    wow i feel ignorant. I also e-mailed my sheriffs office and they told me the same thing that minnesota does not register guns. I just turned 21 and do not have my permit to carry yet and am on day 12 of 30 waiting for my permit in the mail. thanks for all the good info peeps.

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    VIP Member Array JonInNY's Avatar
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    I agree with most of the posts. Check local laws, and possibly with an attorney familiar with gun rights.

    Just for informational purposes for the group, it is illegal in New York State to carry someone else's firearm. Each NY State permit is in two parts. The first is the permit/license itself, and the second parts is all handguns licensed to that person.

    Legally (in NY), your are not even allowed to shoot a firearm not regisitered on your permit. For example, if I were at the range, and wanted to try out someone else's gun, that's forbidden! Stupid law.
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    Member Array jeffsmith's Avatar
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    Quote Originally Posted by Chazeman2 View Post
    wow i feel ignorant. I also e-mailed my sheriffs office and they told me the same thing that minnesota does not register guns. I just turned 21 and do not have my permit to carry yet and am on day 12 of 30 waiting for my permit in the mail. thanks for all the good info peeps.
    Don't feel Ignorant

    You had a question and you asked the right people

    Now you have an answer

    Its much better than assuming something and not asking

    The Saying is most often true

    "there is no such thing as a stupid question"

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    VIP Member Array cvhoss's Avatar
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    Quote Originally Posted by buckeyeLCPL View Post
    ..........I'd also review the ATF's standards for what a straw purchase is, as what you described above classifies as one.
    Sorry, but wrong. From the ATF FAQ page:
    (B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)? [Back]

    Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

    [18 U.S.C. 922(x)]
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