CHL at 18?

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  • Microairman1

    Marksman
    Rating - 85.7%
    6   1   0
    May 9, 2016
    186
    18
    New carlisle
    I would prefer not to name any names as it is probably just that they don't know the law well enough. But it was second amendment sports here in my town. And it was not the owner, it was some other guy.

    Hmm interesting. So the link that you posted would be where the law would be written at saying that you can buy one privatelly at 18?
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    9   0   0
    Mar 9, 2008
    48,023
    113
    Lafayette, Indiana
    Hmm interesting. So the link that you posted would be where the law would be written at saying that you can buy one privatelly at 18?

    Micro, criminal statutes prohibit proscribed conduct. They are not written to permit conduct.

    Chapter 2, §7 that Jetta posted defines prohibited sales or transfers.

    In addressing gun laws, remember that there are two railroad tracks, federal and state.

    Federal addresses sales by Federal Firearms Licensees. State law addresses everyone.

    As federal law is silent on sales by individuals to those 18 and over who are buying from non-FFLs, then state law governs. Indiana law, as you can now see, does not address those 18, 19, 20 from purchasing handguns, as long as those of any age are not prohibited persons.
     

    Microairman1

    Marksman
    Rating - 85.7%
    6   1   0
    May 9, 2016
    186
    18
    New carlisle
    Hmmm okay. That actually makes sense when reading it. Unlike some laws And things i have read.

    I probably won't be going back to them for anything like that then. I will probably have to stick to the classifieds on here
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    Was a t the gun store today and someone said something I mentioned how at 18 you can legally buy a hangun as long as it isn't thru and ffl and they said that was dead wrong and can get you sent to jail. I tried to explain that it isn't illegal but I didn't know what laws to look at or show them. So where in the laws does it say/ or make it okay to do so as long as it is a private sale?

    Remember that no laws are required to make things OK, that is their default condition. Laws function to prohibit certain things


    ^ This is the specific code which makes it generally illegal (with noted exceptions) to sell a gun to any person under age 18 in Indiana. Ask the next clown who claims something different to show you the law which prohibits anything different.

    Hint: They may cite the federal code which makes it illegal for an FFL to sell a handgun to anyone under age 21, but remind them that it only applies to FFLs. There is another federal code (which applies to everyone else) which matches the Indiana code above merely restricting sales to anyone under age 18.
     

    chezuki

    Human
    Rating - 100%
    48   0   0
    Mar 18, 2009
    34,157
    113
    Behind Bars
    OP ic 35-47-2 is your friend for sate gun laws bookmark it in your phone [STRIKE]so you can make gun store idiots look stupid[/STRIKE] to reference when helping to educate other gun owners. We are far more powerful united with knowledge than bickering and putting each other down to feel superior.

    FIFY.
     

    Microairman1

    Marksman
    Rating - 85.7%
    6   1   0
    May 9, 2016
    186
    18
    New carlisle
    Now like, one of the things that the guy at the gun store was saying, is in a private sale, it is the sellers job to take steps to make sure the buyer can legally own a weapon or whatever else ( which is why almost all private sale!as ask to see a ltch). And since you can't buy a handgun at an ffl under 21 then it would be a felony for both the buyer (me) and the seller since he didn't take steps to make sure I could legally own it.
     

    chezuki

    Human
    Rating - 100%
    48   0   0
    Mar 18, 2009
    34,157
    113
    Behind Bars
    Now like, one of the things that the guy at the gun store was saying, is in a private sale, it is the sellers job to take steps to make sure the buyer can legally own a weapon or whatever else ( which is why almost all private sale!as ask to see a ltch). And since you can't buy a handgun at an ffl under 21 then it would be a felony for both the buyer (me) and the seller since he didn't take steps to make sure I could legally own it.

    There are no steps a private seller must take, they just can't have any reason to believe the buyer is not a proper person.
     

    chezuki

    Human
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    48   0   0
    Mar 18, 2009
    34,157
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    Behind Bars
    IC 35-47-2-7
    Prohibited sales or transfers of ownership
    Sec. 7. (a) Except an individual acting within a parent-minor child
    or guardian-minor protected person relationship or any other
    individual who is also acting in compliance with IC 35-47-10
    (governing children and firearms), a person may not sell, give, or in
    any other manner transfer the ownership or possession of a handgun
    or assault weapon to any person under eighteen (18) years of age.
    (b) A person who knowingly or intentionally sells, gives, or in any
    other manner transfers the ownership or possession of a handgun to
    another person who the person knows:
    (1) is ineligible for any reason other than the person's age to
    purchase or otherwise receive from a dealer a handgun; or
    (2) intends to use the handgun to commit a crime;
    commits criminal transfer of a handgun, a Level 5 felony. However,
    the offense is a Level 3 felony if the other person uses the handgun
    Indiana Code 2016
    to commit murder (IC 35-42-1-1).
    (c) A person who purchases a handgun with the intent to:
    (1) resell or otherwise provide the handgun to another person
    who the person knows is ineligible for any reason to purchase
    or otherwise receive from a dealer a handgun;
    (2) resell or otherwise provide the handgun to another person
    who the person knows intends to use the handgun to commit a
    crime; or
    (3) transport the handgun outside Indiana to be resold or
    otherwise provided to another person who the transferor knows:
    (A) is ineligible to purchase or otherwise receive a handgun;
    or
    (B) intends to use the handgun to commit a crime;
    commits the straw purchase of a handgun, a Level 5 felony.
    However, the offense is a Level 3 felony if the other person uses the
    handgun to commit murder (IC 35-42-1-1).
    (d) As used in this subsection, "NICS" has the meaning set forth
    in IC 35-47-2.5-2.5. It is a defense to a prosecution under subsection
    (b)(1) that:
    (1) the accused person contacted NICS (or had a dealer contact
    NICS on the person's behalf) to request a background check on
    the other person before the accused person sold, gave, or in any
    other manner transferred the ownership or possession of the
    handgun to the other person; and
    (2) the accused person (or dealer acting on the person's behalf)
    received authorization from NICS to sell, give, or in any other
    manner transfer ownership or possession of the handgun to the
    other person.
    As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989,
    SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7;
    P.L.158-2013, SEC.577; P.L.152-2014, SEC.2.
    .
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    Now like, one of the things that the guy at the gun store was saying, is in a private sale, it is the sellers job to take steps to make sure the buyer can legally own a weapon or whatever else ( which is why almost all private sale!as ask to see a ltch). And since you can't buy a handgun at an ffl under 21 then it would be a felony for both the buyer (me) and the seller since he didn't take steps to make sure I could legally own it.

    As previously noted, nearly everything the gun store guy tried to claim is demonstrably false.

    He was simply making things up as he went along which is, sadly, not at all uncommon.
     
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