Guns and “young guns”

What constitutional right is denied to an 18-, 19- or 20-year-old? They can’t drink or purchase cigarettes under federal and state laws, but neither of those vices are constitutional rights. They are eligible to serve in our military, they are subject to criminal punishment as adults, and they can vote, so it’s none of those. The suspense is building, I know. The thing 18– to 20-year-olds (henceforth “young guns”) can’t do that other adults can do is buy a firearm from a licensed gun shop (FFL). They can own, possess, transfer, or sell a firearm, but they can’t buy one from an FFL gun shop. 

Federal law, 18 U.S.C. §922(b)(1), is the relevant law. It says, “It shall be unlawful for any…licensed dealer…to sell or deliver any firearm to any[one] under 18…, and, if the firearm [is a handgun]…, to any individual under 21.…” (Edited for clarity.)

Georgia incorporates that law in OCGA §16-11-129(b), thus young guns can buy or receive and possess a handgun from their granddad, mom, a friend, a neighbor, or their lover, but they can’t go to Chuck’s Gun & Pawn Shop and buy one. Makes perfect sense, no? The Fourth Circuit Court of Appeals (not an especially pro-gun circuit) says that doesn’t make sense. They voided that law as it applies to young guns. The case that got them there was a 19-year-old victim of family violence who wanted to buy a firearm, but the helpful federal law suggested she defend herself with a restraining order instead. Abusive ex-boyfriends use restraining orders for target practice, though. So, she sued. 

Here’s where federal judges matter. Two Trump judicial appointments said the law was nonsensical, and Congress failed to give a sufficient reason for the constitutional infringement. The other judge was an Obama appointment who believes that blind obedience to a restrictive gun law means “do what Congress says.” The case will undoubtedly make it to the Supremes. 

I’ve seen advice where people say, “You shouldn’t sell/gift a gun to a [young gun]” (personal opinion) or “you can’t sell/gift a gun to a [young gun]” (bad legal advice). I disagree. The federal law applies only to people in the firearm business. You can sell a handgun to a young gun and you are not breaking any law, except be careful about being a straw purchaser. If you go into a gun store, buy a handgun and immediately sell it to a young gun, the Feds may go after you for being a straw purchaser. There is a question on Federal form 4473, #21, that asks: “Are you the actual transferee/buyer of the firearm(s) listed on this form…? Be careful of that. But it is okay to tell the FFL that this is a gift. 

Why? Gifting is excluded from Question 21 on Form 4473! “Warning: You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to you.” That sounds forbidding, no? But further down the form, the Feds add: “A person is also the transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party.” So, gifting a gun to your kin or friend is just fine. However, I’d certainly get parental permission before I gifted a gun to someone under the age of 21. 

Owning a gun and going to the range is fun. It teaches responsibility, too. I have lots of friends who spend their lottery money on ammo instead. It can be addictive. Just do it. To the young guns out there, happy shooting! At the range. Where you have supervision. 

Kelly Burke, retired attorney, former district attorney and magistrate judge, writes about the law, rock ’n’ roll, and politics, or anything that strikes him. These articles are not designed to give legal advice, but are designed to inform the public about how the law affects their daily lives. Contact Kelly at dakellyburke@gmail.com to comment on this article or suggest articles that you’d like to see, and visit his website at www.kellyrburke.com to view prior columns.

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