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  • finity

    Master
    Rating - 100%
    1   0   0
    Mar 29, 2008
    2,733
    36
    Auburn
    I just got back on here today and one response kinda p-----d me off. It is the one about us breaking the law. The law quoted says that the exeception IS a parent child relationship. If you can't understand legal jargon then don't try to interprit the law.

    Ok... I assume you are responding to my post so...

    You can be p----ed off all you want. The law quoted says the exception is a parent-MINOR child relationship, NOT a parent-age of majority child relationship. If you can't read what's printed on the page in front of you then don't get an attitude with people who can.

    I stated that IF she only bought the gun as a gift for someone who could otherwise legally buy the gun then she was OK. Since your son can't buy a gun from a dealer then I'd say that he couldn't otherwise buy the gun legally (assuming she bought the gun from a dealer - if not then she wouldn't have had to buy the gun in the first place, he could have), hence my opinion that it could be considered a straw purchase. If any money changed hands between mom & son immediately before or after the mom buying the gun for the sole intent of buying that same gun then the intent was to perform a straw purchase, which is a felony.

    If you don't like what I have to say then ignore it. I'm not the one who will pay the price if you're wrong.

    :cheers:
     

    tlcmbc

    Plinker
    Rating - 0%
    0   0   0
    Jan 2, 2009
    46
    6
    Woodburn, In.
    OK but in this case I think a good lawer could make the case that said son would be a minor since he is not old enough to purchase the gun. Also proving the gun was not a gift would be impossible. I do not believe that the law was intended to have a gap of years in limbo 18-20 as that would be nonsense.
     

    r.o.b.o.

    Plinker
    Rating - 0%
    0   0   0
    Feb 25, 2010
    71
    6
    the definition of a minor is pretty black and white there your lawyer isn't going to be able to argue that one.
     

    Hiram2005

    Expert
    Rating - 100%
    7   0   0
    May 9, 2008
    814
    16
    Plains of Hamilton County
    Ok, since we can use hypothetical situations, lets try this. He can at age 18 purchase a handgun from an individual in the state of Indiana.(Fact) His mother purchased a handgun.(Fact) His mother is an individual.(Fact) He then purchased a handgun from his mother.(This could have been a fact)Completely legal, no straw purchase. (Fact) :D
     

    UncleMike

    Grandmaster
    Rating - 0%
    0   0   0
    Dec 30, 2009
    7,454
    48
    NE area of IN
    The law does NOT require that the gun being carried must be OWNED by the permit holder.
    It is perfectly legal for a parent/guardian to let a person 18-20 carry one of their legally purchased handguns providing that they have a valid LTCH.
    When I was an active LEO I gave one of my Foster Daughters one of my guns to carry after she turned 18 and got her permit. She then carried it on her job as an armed Security Guard.
    Mike
     

    finity

    Master
    Rating - 100%
    1   0   0
    Mar 29, 2008
    2,733
    36
    Auburn
    The above couple of "hypothetical situations" are all well and fine IF the OP didn't first say that she purchased the gun for the ADULT son because he couldn't legally buy it.

    Do what you want but don't admit to it on a public forum. Just another example of how not knowing the law can get you into serious trouble.

    Don't shoot me, I'm just the messenger. I think the contradiction between federal law and IN law is stupid, too.
     

    EvilKidsMeal

    Master
    Rating - 100%
    14   0   0
    Feb 11, 2010
    1,719
    2
    Highland
    ok i currently have my LTCH and im 18. obviously i cant by my handgun but my dad can. he doesnt need a LTCH in order for me to carry the gun he buys does he? the gun is goin to be bought in his name from cabelas and he's givin it to me, so is that ok? theres alot of IMO's and law quotes going on here and i just want simple clarification.
     

    88E30M50

    Grandmaster
    Site Supporter
    Rating - 100%
    12   0   0
    Dec 29, 2008
    22,800
    149
    Greenwood, IN
    I thought a straw purchase was when someone bought a gun for someone that was not legally allowed to possess a gun. I don't have the form in front of me, but I've filled enough out to think it read something like that. The intent of the law is to keep guns from getting into the hands of a person that is not legally allowed to have one. I've bought handguns for my 20 year old son, but technically I guess that I bought the gun and then he bought the gun from me. That's pretty accurate too, since if he had not paid me for it, I sure would not have given it to him and would have retained ownership.

    I don't see how this could be construed as a straw purchase unless the parent knew their child was not legally allowed to possess a gun. That would be the case if the child was a felon or adjudicated as being mentally unstable.
     

    infidel

    Master
    Rating - 0%
    0   0   0
    Dec 15, 2008
    2,257
    38
    Crawfordsville
    ok i currently have my LTCH and im 18. obviously i cant by my handgun but my dad can. he doesnt need a LTCH in order for me to carry the gun he buys does he? the gun is goin to be bought in his name from cabelas and he's givin it to me, so is that ok? theres alot of IMO's and law quotes going on here and i just want simple clarification.

    Your dad does not need a LTCH to buy the gun, nor for you to carry it. I wouldn't worry about your dad giving you the gun. If anyone asks, just tell them you bought it off him or that its your dad's gun - either way, it doesn't really matter.
     

    EvilKidsMeal

    Master
    Rating - 100%
    14   0   0
    Feb 11, 2010
    1,719
    2
    Highland
    If anyone asks, just tell them you bought it off him or that its your dad's gun - either way, it doesn't really matter.


    ok cause thats whats happening. i am technically buying it off of him cause i did a lot of work for it. so thats ok im guessing since you can buy it from an individual???
     

    finity

    Master
    Rating - 100%
    1   0   0
    Mar 29, 2008
    2,733
    36
    Auburn
    I thought a straw purchase was when someone bought a gun for someone that was not legally allowed to possess a gun. I don't have the form in front of me, but I've filled enough out to think it read something like that. The intent of the law is to keep guns from getting into the hands of a person that is not legally allowed to have one. I've bought handguns for my 20 year old son, but technically I guess that I bought the gun and then he bought the gun from me. That's pretty accurate too, since if he had not paid me for it, I sure would not have given it to him and would have retained ownership.

    I don't see how this could be construed as a straw purchase unless the parent knew their child was not legally allowed to possess a gun. That would be the case if the child was a felon or adjudicated as being mentally unstable.

    Don't Lie For the Other Guy: A national campaign to prevent the illegal purchase of firearms

    the law states that it is illegal for someone under the age of 21 to buy from a ffl. It's not only about the person being "prohibited". It's about the person being "prohibited" by the current law from obtaining a gun in a certain manner, as well.
     

    UncleMike

    Grandmaster
    Rating - 0%
    0   0   0
    Dec 30, 2009
    7,454
    48
    NE area of IN
    ok i currently have my LTCH and im 18. obviously i cant by my handgun but my dad can. he doesnt need a LTCH in order for me to carry the gun he buys does he? the gun is goin to be bought in his name from cabelas and he's givin it to me, so is that ok? theres alot of IMO's and law quotes going on here and i just want simple clarification.
    He does not need a LTCH in order for you to carry his legally purchased handgun.
    As was stated above he must buy the handgun for himself, NOT YOU!!
    What he does with it after he gets it home is entirely his business as long as he doesn't give, loan, or sell it, to a convicted felon, a drug addict, or someone who has been adjudged to be mentally incompetent.
    Mike
     
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