13-yr-old can't buy beer, smokes, lottery tickets but CAN buy a gun

[valerief]

[Quackers]

1. I'm sorry, but this is dishonest on its face.

They went to stores to try to buy alcohol, cigarettes, and lottery tickets, but they went to a private seller to buy the gun? Just because an individual sold him the gun does not mean it was legal. Offer a private individual enough money, I bet he would have got the cigs and beer too.

[valerief]

2. Sorry but I believe HBO Sports when they say it's legal. He bought it at a gun show, not behind

some dumpster.

Off to my Forever Ignored Club for you.

[Quackers]

4. So when someone corrects you with the truth, you put them on ignore?

If you actually watched the video, they say that it was a private seller.

[Orrex]

12. Are you asserting that the sale was illegal?

If not, then the point stands.

[Quackers]

16. Hey Orrex,

Yes, I am. After doing some research on this, it appears that this was not a private sale, but a sale from a FFL dealer to a minor. This is illegal under both federal and state law. The company in question is Dark Sun Surplus Here is their info

Dark Sun Surplus
581 Pantela Drive
Chesterfield, VA 23235
Phone: [phone]

If you google them, they have a lot of negative comments including some accusations that they deal in illegally acquired weapons. I think that they should be investigated on this.

I think some of the confusion comes from the federal law that prohibits the sale of handguns and long guns to minors from dealers but only prohibits the sale of handguns to minors from private sellers. This is regulated locally by the states. For example, my state(Ohio), prohibits the sale of firearms of any type to minors. In VA, it says this:

§ 18.2-309
Furnishing certain weapons to minors; penalty.

A. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a dirk, switchblade knife or bowie knife, having good cause to believe him to be a minor, such person shall be guilty of a Class 1 misdemeanor.
B. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a handgun, having good cause to believe him to be a minor, such person shall be guilty of a Class 6 felony. This subsection shall not apply to any transfer made between family members or for the purpose of engaging in a sporting event or activity.
History

[Travis_0004]

3. Not true

Does a customer have to be a certain age to buy firearms or ammunition from a licensee?

Yes. Under the Gun Control Act (GCA), shotguns and rifles, and ammunition for shotguns or rifles may be sold only to individuals 18 years of age or older. All firearms other than shotguns and rifles, and all ammunition other than ammunition for shotguns or rifles may be sold only to individuals 21 years of age or older. Licensees are bound by the minimum age requirements established by the GCA regardless of State or local law. However, if State law or local ordinances establish a higher minimum age for the purchase or disposition of firearms, the licensee must observe the higher age requirement.

[18 U.S.C. 922(b)(1) and (b)(2); 27 CFR 478.99(b)]

https://www.atf.gov/firearms/qa/does-customer-have-be-certain-age-buy-firearms-or-ammunition-licensee

[sarisataka]

8. It is one of those

'partially true' statements.

Federal law applies to FFLs so the minimum age is 18.

State law applies to private sellers. According to the Law Center to Prevent Gun Violence, two states and DC have a minimum age of 21 to purchase long guns. Twenty states set the age limit at 18, two set a minimum age of 16. The remaining twenty-six states have no minimum age limit to purchase a long gun.

This is complicated, however, by minimum age possession laws. It sets up a situation where it could be legal to sell a gun to a minor but could not physically hand it over. Possession laws range in ages from 14-21 and would prevent transfers in at least seven states that do not have minimum age purchase restrictions.

Apparently this was filmed in Virginia. VA limits possession of handgun or assault firearm, or a shotgun “which will hold more than seven rounds of the longest ammunition for which it is chambered" to a minimum age of 18, but has no age restriction on rifles.
http://smartgunlaws.org/

[aikoaiko]

5. Nope, not legal even for private sale. ETA: THIS IS WRONG

I'm on my phone so it hard to search for federal gun laws, but he has to be 18 to possess a rifle.

This is a good example of why RKBA advocates are "pedantic" about details.

[valerief]

6. In every state? Or just the state he was in at the time he bought the gun? nt

[aikoaiko]

7. Let me look up the code but it's a federal law thing. Some states are more restrictive but not less.

I don't doubt that it happened, but it was not a legal sale.

Let me find the code but I that is how I remember it.

[valerief]

10. Looks like only assault weapon buyers need to show proof of age.

https://en.wikipedia.org/wiki/Gun_laws_in_Virginia

[aikoaiko]

9. Ok, I need to walk my claim back. Federal law is silent on ages for private sales of long gun

So yes, it is up to the states to make that law and some states may not have addressed it.

I was confusing my state law with federal law.

[valerief]

11. And that's why I trusted HBO. Ha! nt

[aikoaiko]

15. Fair enough. I would support Federal law requiring a min age of 18 for long guns for all sales.

[roamer65]

13. The scratch-off lady was a sweetheart.

"You can't get no scratch-off baby".

Said with empathy.

[valerief]

14. Yeah, ha! But she obeyed the law, too, so good on her. nt