Legality of Handgun Purchasing in South Dakota

This is a discussion on Legality of Handgun Purchasing in South Dakota within the Defensive Carry Guns forums, part of the Defensive Carry Discussions category; If anyone can help me that would be great! I'm 18 and I want to buy my first handgun. I have shot almost all my ...

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Thread: Legality of Handgun Purchasing in South Dakota

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    Member Array Pruitt's Avatar
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    Legality of Handgun Purchasing in South Dakota

    If anyone can help me that would be great! I'm 18 and I want to buy my first handgun. I have shot almost all my life and am comfortable with the handling of a gun but do not know much about handgun laws. I'm from South Dakota and I have checked into concealed carry. The license is legally obtained at 18 but I dont know if it is legal for me to go to a gun store and purchase a handgun. Also I THINK it is legal for me to register one to my name. If I cannot purchase from a store, can I have someone 21. (Ex: my grandma) Buy it then give it to me?

    Any help is SUPER helpful.

    Thanks in advance,

    Chris

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    Member Array DarthPete's Avatar
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    There's something called the straw law. At least in Maine anyway, which makes it illegal for someone to purchase a handgun for someone who's not legally allowed to purchase one themselves (in this case it would be because of age). There's a lot of gray area as far as I understand, regarding it. I believe, and again I could be completely mistaken as it may well vary state to state, that you can legally own a handgun, just not purchase one or have someone else purchase one as your proxy from a retail FFL holder. It may be possible that you could receive one as a gift from someone and that would be legal, or possibly purchase one in a face to face transaction from a private seller.

    But again, I don't know for sure. I'd recommend going to your local police department or sheriff's office and asking them. It may feel a little odd or uncomfortable given the topic and your age (no offense at all intended), but you should remember, you've got nothing to hide and it will show them that you're being very respectful of the law.

    If it's the case that there's no way for you to possess one, three years isn't that long a time to wait in the grand scheme of things.

    Any LEO's or Lawyers want to chime in?

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    In most states, it's illegal for a licensed dealer to sell a handgun to anyone under 21, but an 18-yr-old not otherwise prohibited from owning or possessing a firearm/handgun may purchase a handgun in a private sale. Likewise, a parent may purchase a handgun and present it to you (gifting). But I'm not in S.D., so check out that state's laws first.
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    Legal advice on the internet is worth exactly what you pay for it.

    Federal law mandates the 21 year old age for handguns from a FFL.

    Some states have laws as far as gifting firearms to family members, but generally, the person buying the gun needs to be buying it for themself.
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    Please, I posted the answer to this stuff about gifting elsewhere a bit earlier. Ya really think there is anything in modern life that doesn't require a form and a fee?

    Be very careful about making 100% certain that you obtain your gun lawfully, that there is no ambiguity about it being a straw purchase, and that whatever paper has to be filed and fees have to be paid, gets filed and paid.

    At 18 you have too much to lose (the rest of your life) if you screw this up by getting in a hurry and not
    triple and quadruple checking what the law really is; not what the local policeman said; not what the some anonymous dude like me says it says; not what your dad thinks.

    Spend a few hours scouring the ATF website, and here, and other sites with a variety of key word searches until you really know what the process is.

    Print out whatever you are going to rely on and save it. Mistakes made in good faith can still cause lots and lots and lots of trouble.
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    Okay, thanks to everyone who has posted. I will make it a point to contact the sheriff's department as well as the ATF website. I know there has to be a way to at least get it gifted to me to own.

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    Quote Originally Posted by Hopyard View Post
    Please, I posted the answer to this stuff about gifting elsewhere a bit earlier. Ya really think there is anything in modern life that doesn't require a form and a fee?

    Be very careful about making 100% certain that you obtain your gun lawfully, that there is no ambiguity about it being a straw purchase, and that whatever paper has to be filed and fees have to be paid, gets filed and paid.

    At 18 you have too much to lose (the rest of your life) if you screw this up by getting in a hurry and not
    triple and quadruple checking what the law really is; not what the local policeman said; not what the some anonymous dude like me says it says; not what your dad thinks.

    Spend a few hours scouring the ATF website, and here, and other sites with a variety of key word searches until you really know what the process is.

    Print out whatever you are going to rely on and save it. Mistakes made in good faith can still cause lots and lots and lots of trouble.
    I in no way meant any insult towards you. I just thought re-posting with a more specific title would possibly draw in someone from South Dakota with this experience.

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    Quote Originally Posted by Pruitt View Post
    I in no way meant any insult towards you. I just thought re-posting with a more specific title would possibly draw in someone from South Dakota with this experience.
    No problem. Getting someone from a state like SD's to chime in might help, but keep in mind most of the regs are ATF stuff; Federal.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    I never did buy a handgun before I was 21 but I know in sd it is legal to own and carry under 21 but u cannot buy from a ffl but can go with a private party sale

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    Quote Originally Posted by gixxerboy1k View Post
    I never did buy a handgun before I was 21 but I know in sd it is legal to own and carry under 21 but u cannot buy from a ffl but can go with a private party sale
    Its good to know. I'll still call the Sheriff's Office. It seems sort of sketchy. I don't know how I would register it to my own name if it were private part sale.

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    Quote Originally Posted by Pruitt View Post
    Its good to know. I'll still call the Sheriff's Office. It seems sort of sketchy. I don't know how I would register it to my own name if it were private part sale.
    I think there is no such thing as gun registration where you live. A private sale (within state--both parties residents of the same state) I think is legal. But, it gets tricky. It could look like any of several unlawful things; e.g., an adult illegally buying a gun for someone under 21.

    I'll be frank about what I think. Unless you find someone who can really give you authoritative advice about how to proceed, and you verify what you are told independently, (e.g,. ATF and a local FFL and stuff on the net too) you would be legally safer to wait till you are 21.

    Surely someone from your state will pop up here eventually with other ideas, but my important message is to exercise extreme caution rather than risk inadvertently breaking the law.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    Quote Originally Posted by OldVet View Post
    In most states, it's illegal for a licensed dealer to sell a handgun to anyone under 21, but an 18-yr-old not otherwise prohibited from owning or possessing a firearm/handgun may purchase a handgun in a private sale. Likewise, a parent may purchase a handgun and present it to you (gifting). But I'm not in S.D., so check out that state's laws first.
    It is illegal for a license dealer to sell a handgun to anyone under 21 in ALL states. It is a federal law. He can purchase from a private party or have it gifted to him. No problem owning the handgun.

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    I would specificly ask about receiving a handgun as a gift from a family member. I would be very surprised to find out that a parent/grandparent cannot give their child/grandchild a gift as long as they are legally able to own it. My understanding of the straw laws is that they are aimed at non family transactions to avoid criminal or mental health flags.

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    Quote Originally Posted by Doubledown View Post
    I would specificly ask about receiving a handgun as a gift from a family member. I would be very surprised to find out that a parent/grandparent cannot give their child/grandchild a gift as long as they are legally able to own it. My understanding of the straw laws is that they are aimed at non family transactions to avoid criminal or mental health flags.
    So are you saying you think that it would or would not be legal if a parent of grandparent gifted it?

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    Finally!

    After a long delay in reply and college getting in the way I finally came back to this forum, more so to redeem myself a bit. I apologize again for the double thread. I contacted the ATF and to my surprise got a reply only a few days later. I wouldn't take this as law yourself but I was told that the private sale of a firearm to a minor (someone under 21- over 18 in this case) can in fact own a handgun. After doing this I also contacted the local sheriffs department as well and got the same reply. I guess nerves got a hold of me and that's why I didn't ask before - its not illegal to ask and I'm glad I finally did. This is partly because I've been eyeing doing a very nice looking Glock 19 a friend owns. Glad I finally asked and thanks to anyone who put up with me!

    Chris from SD

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