CCW Age Restrictions

[Young Gun Owner]

I had a few questions regarding the age at which i could open carry a handgun, i am 19 years old, I've gotten mixed answers to this question, I've heard from several sources that since i could not purchase a handgun or ammunition i could not legally open carry. However other sources tell me that since the constitution gives me the right and i am legally an adult (above the age of 18) I can openly carry just not have the ability to buy the firearm or ammunition myself, could you clear this up for me? Also i had a question about the age i could acquire a CCW, like i said before i am 19 years old, however i am a member of the USAF and i have read in some places that Missouri will issue service members the CCW if they are above the age of 18 any information you could give me on these two questions would be greatly appreciated!

 

[NavyLCDR]

You have to be 21 to obtain the Missouri Concealed Carry Endorsement:
Link Removed

There is no statewide lower age limit for open carry of a handgun, however local municipalities are permitted to regulate open carry, so you must be in compliance with local laws as well as state law.

Federal law generally prohibits the possession of a handgun or handgun ammunition for those under 18 years old, 18 USC 922 (x), with limited exceptions.

Without the Missouri Concealed Carry Endorsement, it is also a violation of Federal law for you to carry a loaded firearm within 1000' of school premises, 18 USC 922 (q).

 

[eagleks]

Sounds like you need to get stationed in Kansas. CC is @ 21, but they have been discussing making it legal for anyone who's an active member of the military to have a CC license @ 18 or above.

Second, you "can" open carry a handgun if you are 18 and legal to own it. 18 yr olds, can "own" a handgun..... they just cannot go in and 'buy one' until they are 21 (thus the reference above to the Fedl law). If your parents or someone 'gives' you a handgun @ 18 .... you are legal to own it, and if you are legal to own it, you can open carry it here.

Now, one word of caution. Five (5) yrs ago the state pre-empted the cities in Kansas, making it so that the cities, counties, etc. could NOT prohibit open carry, but could regulate "the manner" of open carry. In other words they could require it to be in a holster, etc. However, the cities / counties have just woken up to the fact this year (5 yrs later) .... that their laws to prohibit aren't any good. So, some cities are getting their laws in compliance with the state law, and others are complaining , whining, and have not changed their probition of open carry..... wanting to find a way to get around it , ignore it, or challenge it. They haven't found one... and gradually they are coming to that conclusion.... one at a time.

 

[hogwylde]

If it was up to me, I would issue you a permit simply for being a young 19 y/o and using proper grammar and punctuation!!

 

[Nightmare45]

Make sure you verify all data available, but I can tell you this, the 2nd Amendment does not post an age, anything about hunting or having to be in the military or on a police force to own/carry a weapon. Our politicians actually should read the Constitution. Militia as mentioned in the 2nd Amendment has nothing to do with the military, we did not have a standing Army when it was written. Militia in the 2nd applies to free men banded together for the common defense.

 

[Surgery]

However other sources tell me that since the constitution gives me the right and i am legally an adult (above the age of 18) I can openly carry

Ignore this, it's completely irrelevant and useless way to determine whether something you want to do is legal or not. It doesn't matter if the constitution gives you the right to do anything, if it's been made illegal in your jurisdiction you will be arrested. Look up the laws on the state and city you are stationed in.

 

[maine04619]

Maine you can open carry and get a ccw at 18.

 

[Etkini]

It really depends on your state - not to be a dink, but it's really up to you to read the laws and interpret them.

Here in Vermont, you can CCW or OC at 16 without an adult's supervision.

 

[NavyLCDR]

Here in Vermont, you can CCW or OC at 16 without an adult's supervision.

And violate Federal law while doing so.

 

[Etkini]

And violate Federal law while doing so.

What Federal law is this? I didn't say you could buy or sell to, but in Vermont a 16 year old can possess without adult supervision (ie, CCW or OC as well) a handgun. It's in Vermont's law - Title 13, Section 4008.

If you are talking about the Brady Handgun Violence Prevention Act, we are exempt from the part that requires you to be 18 years old, and we are in fact eligible for carry at the age of 16.

 

[NavyLCDR]

What Federal law is this? I didn't say you could buy or sell to, but in Vermont a 16 year old can possess without adult supervision (ie, CCW or OC as well) a handgun. It's in Vermont's law - Title 13, Section 4008.

If you are talking about the Brady Handgun Violence Prevention Act, we are exempt from the part that requires you to be 18 years old, and we are in fact eligible for carry at the age of 16.

18 USC 922 (x):
18 USC § 922 - Unlawful acts | LII / Legal Information Institute

(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—

(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm,
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;

(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

Notice the "and" I highlighted. All four conditions: (i), (ii), (iii) and (iv) must be met, not just "(iv) in accordance with State and local law." It violates this Federal law for a person under the age of 18 to just walk around in public with a holstered and loaded handgun. They must be engaged in one of the activities listed in condition (i) and have written permission from a parent or guardian in their possession. They can travel to/from an activity listed in section (i) if the handgun is unloaded and cased, and the written permission is still required to be in their possession. Show me where this exception for Vermont is, please.

The 16 year old age limit in Vermont statute only sets the minimum age limit IF the juvenile otherwise meets all four conditions of the Federal law because Vermont, apparently, does not want a parent giving written permission to a 12 year old to take a handgun target shooting by themselves.

 

[Young Gun Owner]

Here is what I've found through my research. In the Missouri Revised Statutes Chapter 571 section 571.101 (CCW Requirements) which was last updated August 28, 2012. What i have copy and pasted is directly from the Missouri Statutes. I have bolded and underlined the part about armed service members.

(Quote)

"2. A certificate of qualification for a concealed carry endorsement issued pursuant to subsection 7 of this section shall be issued by the sheriff or his or her designee of the county or city in which the applicant resides, if the applicant:

(1) Is at least twenty-one years of age, is a citizen of the United States and either:

(a) Has assumed residency in this state; or

(b) Is a member of the Armed Forces stationed in Missouri, or the spouse of such member of the military;

(2) Is at least twenty-one years of age, or is at least eighteen years of age and a member of the United States Armed Forces or honorably discharged from the United States Armed Forces, and is a citizen of the United States and either:[/B][/U]

(a) Has assumed residency in this state;

(b) Is a member of the Armed Forces stationed in Missouri; or

(c) The spouse of such member of the military stationed in Missouri and twenty-one years of age;"

(end quote)

Here is the link to that page as well.
Link Removed
I also found the same information on Handgunlaw.us as well.http://www.handgunlaw.us/states/missouri.pdf

 

[fudo]

I think that, if you are old enough to vote, old enough to sign a legal contract, old enough to get your butt shot off defending this country, you are old enough to carry a gun. Unfortunately, many politicians don't trust anyone with a gun, except themselves, of course.