Gun Laws

Here's a good one for you.
I was an employee at a "Police Equipment Company". My duty was mainly in the elecronics: Radios, Radar, lights, sirens, etc, but I was on the sales floor between the elctronics fixes.
A 20 yr old (small town) LEO, who was in uniform, had his ID, and badge out so we knew he was for real, got promoted, and his mother wanted to buy him a Smith model 19 (.357) as a gift. BTW, he had his duty .38 on his hip.
I called the owner of the business out to help me with the forms, and he stated that the LEO had to bring his mother in, because it was against Federal Law to sell a pistol to anyone under 21.
He was nice about it, and brought her in the next day. After all, being a LEO, he did want us to break the law.

Really? There's no loophole in the law for bonafide LEO's?

So....who signed for him to carry his duty 38spl on his hip?

I believe this is correct, most states if not all require one to be 21 to pusrchase or carry. As a LEO he can carry only while on duty. Anyone know about any exempt laws stating otherwise?

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Originally Posted by RA229

I believe this is correct, most states if not all require one to be 21 to pusrchase or carry. As a LEO he can carry only while on duty. Anyone know about any exempt laws stating otherwise?

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Not entirely true. An under 21 LEO can carry off duty, but he needs a letter from the chief law enforcement official of the agency that employs him in addition to a valid ID card.

Just like the drinking laws. You can serve your country at 17 in Canada. But you can not drink until 18 in some Provinces and 19 in others. "Old enough to serve but not old enough to be served" ???

You broke the law anyway. Straw buy.

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Originally Posted by Stevew

You broke the law anyway. Straw buy.

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Probably wrong, as you can buy a gun as a gift, especially to a family member.

Biker

She'll have to go back; she forgot the ammo. He can't buy that either.

I know in Utah, you can't become LEO certified until you are 21. I didn't know it was different anywhere else.

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Originally Posted by pcon

Really? There's no loophole in the law for bonafide LEO's?

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Federal law = 21 to buy from a FFL.

Some States' laws allow OC and/or CC younger. Ditto private transfer.

Here in Virginia OC at 18 is OK.

Re: straw purchase -- is it a violation to buy it from a FFL and give it (e.g., as a gift) to someone who can legally possess it?

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Originally Posted by Stevew

You broke the law anyway. Straw buy.

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It is my belief that the definition of a straw purchase , is if you buy the firearm for any one who by law , would be otherwise barred from possessing the said firearm.IMHO

This is from wikipediaFWIW


However, the term is widely used within the context of United States federal gun laws, whereby a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not. In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted.





"To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic." Ted Nugent

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Originally Posted by oneshot

It is my belief that the definition of a straw purchase , is if you buy the firearm for any one who by law , would be otherwise barred from possessing the said firearm.

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:yup:

Barred from possessing and barred from buying are two different things in VA.

INAL -- but IMHO "acting as a proxy for" and buying a present to give to someone are two different things, also.

Any FFL or attorney care to join in?

Quote:

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Originally Posted by oneshot

It is my belief that the definition of a straw purchase , is if you buy the firearm for any one who by law , would be otherwise barred from possessing the said firearm.IMHO

This is from wikipediaFWIW


However, the term is widely used within the context of United States federal gun laws, whereby a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not. In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted.





"To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic." Ted Nugent

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Thanks for the info. I had a buddy that was told buy a gun shop that it would be illegal.