Age to have a firearm in your car
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Thread: Age to have a firearm in your car

  1. #1
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    Age to have a firearm in your car

    I know you have to be 21 to purchase a handgun, but what about carrying one in your car? My daughter is 18, can she legally keep a gun in her glove compartment? She knows how to handle a firearm and goes with me to the range.

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  3. #2
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    Apr 2011
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    Since laws vary by location you should check with local authorities instead of getting opinions from people that don't know your location or local laws.

  4. #3
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    Quote Originally Posted by chapguy View Post
    Since laws vary by location you should check with local authorities instead of getting opinions from people that don't know your location or local laws.
    That is why I posted in the South Carolina sub forum.

  5. #4
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    You have to be 21 when purchasing a handgun from an FFL.
    However, private sales/transfers to persons lawfully 18+ on own a firearm in SC.

    For drivers, the law states "a person."
    Sounds legal if they are old enough to drive themselves with exception of certain places prohibited i.e. in the vehicle on schools ground w/o a CWP.
    I don't know anywhere it is specifically prohibited for a lawful driver regardless of age to have a weapon in the console.

    SECTION 16-23-20. Unlawful carrying of handgun; exceptions. [SC ST SEC 16-23-20]

    It is unlawful for anyone to carry about the person any handgun,
    whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

    (9) a person in a vehicle if the handgun is:


    (a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance;

    SECTION 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns.

    (A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:

    (3) a person under the age of eighteen, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or

  6. #5
    The Federal age limit for possession of a handgun under usual conditions is 18 years old [see 18 USC 922 (x)]. There are exceptions to include in the course of employment if the <18 year old person has WRITTEN parental permission and has the WRITTEN permission on their person when they are carrying the handgun in the course of employment.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  7. #6
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    Quote Originally Posted by NavyLCDR View Post
    The Federal age limit for possession of a handgun under usual conditions is 18 years old [see 18 USC 922 (x)]. There are exceptions to include in the course of employment if the <18 year old person has WRITTEN parental permission and has the WRITTEN permission on their person when they are carrying the handgun in the course of employment.
    Thank you. I pretty much thought if you are old enough to legally OWN it, then you can legally carry it in your car. The way it is written as "person", seemed kind of vague to me.

  8. #7
    Quote Originally Posted by NavyLCDR View Post
    The Federal age limit for possession of a handgun under usual conditions is 18 years old [see 18 USC 922 (x)]. There are exceptions to include in the course of employment if the <18 year old person has WRITTEN parental permission and has the WRITTEN permission on their person when they are carrying the handgun in the course of employment.
    This one time I 'd like to hope your right, but I really don't think that applys at the individual state level
    Bad Guys of the world beware the next time you think about jumping on a old guy, because its a fair bet he's to old to fight and probably to fat to run, but can put one in your eye at 50ft with his weak hand

  9. #8
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    Quote Originally Posted by NavyLCDR View Post
    The Federal age limit for possession of a handgun under usual conditions is 18 years old [see 18 USC 922 (x)]. There are exceptions to include in the course of employment if the <18 year old person has WRITTEN parental permission and has the WRITTEN permission on their person when they are carrying the handgun in the course of employment.
    I used to be pretty familiar with Chapter 44 Title 18 USC i.e includes 922.
    I don't remember seeing where it mentions an age for handgun possession; selling and transferring absolutely.
    What I remember is the 18 USC 922 says it does not preclude the laws of the States, etc..

    If your adult child under 21 drives into Maryland or Connecticut besides the obvious DC, NJ, IL or NY, they can be charged for illegal possession with their minimum age for handgun possession of 21 whether they own the firearm or not.

  10. #9
    Quote Originally Posted by Rocketgeezer View Post
    This one time I 'd like to hope your right, but I really don't think that applys at the individual state level
    Quote Originally Posted by melloyello View Post
    I used to be pretty familiar with Chapter 44 Title 18 USC i.e includes 922.
    I don't remember seeing where it mentions an age for handgun possession; selling and transferring absolutely.
    What I remember is the 18 USC 922 says it does not preclude the laws of the States, etc..

    If your adult child under 21 drives into Maryland or Connecticut besides the obvious DC, NJ, IL or NY, they can be charged for illegal possession with their minimum age for handgun possession of 21 whether they own the firearm or not.
    I never meant to imply that a state could not set their own legal limit higher. They certainly can. What I meant to convey was that:

    1. The Federal age limit to purchase and possess a handgun is not 21 as some people like to say it is. It is 18. The 21 year old age limit for handguns in Federal law only applies to FFLs who are transferring a handgun to a private party.

    2. In the absence of any state law, the 18 year old age limit in Federal law is the limit, and there really is no lower age limit if the person falls under one of the exceptions in Federal law.

    3. If there is a state law that sets a lower age limit (I think Montana is 14), that limit really only applies to the EXCEPTIONS to the 18 year old age limit in the Federal law. If the person does not meet any of the exceptions in the Federal law, then the Federal age limit of 18 still applies.

    4. If the state law sets the age limit higher, than the state law prevails.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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