21 or Older for Handguns

From Calguns Foundation Wiki
Jump to: navigation, search

Both Federal law and California law prohibit transfer of handguns to those under 21 years of age.

Parents and legal guardians may give firearms to their children, but handguns only to 18 and older.

Parents and legal guardians may lend a handgun to a minor for certain purposes, for the duration of the activity.

Other adults may lend a handgun to a minor, with parents' written permission, and for certain purposes, for the duration of the activity.

California law restricts possession of ammunition to 18 and older, except under certain circumstances.

Federal Law

Federal Law restricts FFLs from delivery to under-21: US CODE 18 USC 922 (b)

(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver—
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has
reasonable cause to believe is less than twenty-one years of
age; 

California Law

Family code defines 'minor' and 'adult'

6500. A minor is an individual who is under 18 years of age. The period of
minority is calculated from the first minute of the day on which the
individual is born to the same minute of the corresponding day completing
the period of minority.

6501. An adult is an individual who is 18 years of age or older.

California Penal Code restricts everyone: Penal Code 27505 (was 12072(a)(3))

(a) No person, corporation, or firm shall sell, loan, or
transfer a firearm to a minor, nor sell a handgun to an individual
under 21 years of age.
  (b) Subdivision (a) shall not apply to or affect the following
circumstances:
  (1) The sale of a handgun, if the handgun is an antique firearm
and the sale is to a person at least 18 years of age.
  (2) The transfer or loan of a firearm, other than a handgun, to a
minor by the minor's parent or legal guardian.
  (3) The transfer or loan of a firearm, other than a handgun, to a
minor by a grandparent who is not the legal guardian of the minor, if
the transfer is done with the express permission of the minor's
parent or legal guardian.
  (4) The loan of a firearm, other than a handgun, to a minor, with
the express permission of the minor's parent or legal guardian, if
the loan does not exceed 30 days in duration and is for a lawful
purpose.
  (5) The loan of a handgun to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
  (A) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
  (B) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
  (6) The loan of a handgun to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
  (A) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
  (B) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
  (C) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
  (D) The duration of the loan does not, in any event, exceed 10
days.

In this context, 'antiques' are defined and Federal law and referred to by California law: 18 USC 921(a)(16)

The term “antique firearm” means—
(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if
such replica—
(i) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition
which is no longer manufactured in the United States and which
is not readily available in the ordinary channels of commercial
trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle
loading pistol, which is designed to use black powder, or a
black powder substitute, and which cannot use fixed ammunition.
For purposes of this subparagraph, the term “antique firearm”
shall not include any weapon which incorporates a firearm frame
or receiver, any firearm which is converted into a muzzle
loading weapon, or any muzzle loading weapon which can be
readily converted to fire fixed ammunition by replacing the
barrel, bolt, breechblock, or any combination thereof.

And, Penal Code allows Intra-Family transfer to 18,19 and 20 year olds.

Ammunition

Penal Code 29650

A minor shall not possess live ammunition.

Exceptions:

Section 29650 shall not apply if one of the following
circumstances exists:
  (a) The minor has the written consent of a parent or legal
guardian to possess live ammunition.
  (b) The minor is accompanied by a parent or legal guardian.
  (c) The minor is actively engaged in, or is going to or from, a
lawful, recreational sport, including, but not limited to,
competitive shooting, or agricultural, ranching, or hunting activity,
the nature of which involves the use of a firearm.


See Also http://wiki.calgunsfoundation.org/Buying_and_selling_firearms_in_California#Frames_and_receivers_are_21_and_older