Shouldn't an "instructor" know such basic information?
1. There is no Federal law that prohibits a person under 21 from purchasing a handgun. 18 USC 922(x) prohibits the sale, delivery, or otherwise transfering of a handgun to a person under the age of 18. 18 USC 922(b) prohibits an FFL from transferring a handgun to a person under 21.
2. 18 USC 922(x) prohibits the possession of handgun by a person under the age of 18 (with exceptions).
3. State law may be more restrictive than Federal law.
The three biggest sources of misinformation regarding firearms laws tend to be police officers, gun store personnel, and CCW instructors.
I really do not appreciate the rude use of quotation marks around the word "instructor" as if to imply that I am somehow not a "real" instructor. I would expect more polite behavior from an officer and "gentleman."
AS AN INSTRUCTOR...you are correct, I did not know that information off the top of my head. I am over the age of 21. All my students so far have been over the age of 21. So it is not a question I deal with on a frequent basis.
I tried to read 18 USC 922. It is lengthy. And the phrasing is legal gobbledygook. Since I am NOT an attorney, I turned to a secondary (but likely reliable) source for interpretation. According to NRA-ILA.org:
Ineligible Persons
The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:
- Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
- Fugitives from justice.
- Unlawful users of certain depressant, narcotic, or stimulant drugs.
- Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
- Illegal aliens.
- Citizens who have renounced their citizenship.
- Those persons dishonorably discharged from the Armed Forces.
- Persons less than 18 years of age for the purchase of a shotgun or rifle.
- Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
- Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
- Persons convicted in any court of a misdemeanor crime of domestic violence.
- Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition. Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction.
The phrasing of the NRA-ILA's interpretation gave me pause: "Persons less than 21 years of age FOR THE PURCHASE of a firearm that is other than a shotgun or rifle." As if perhaps to suggest that the restriction applied to purchase only, and not to possession, receipt, shipment, or transportation.
Since it was late at night, and I really didn't want to bother my attorney for an interpretation of Federal law - instead I opted to alert the original poster to the fact that he MIGHT be in violation of Federal law by giving a handgun to his daughter, if she is under 21.
AS AN INSTRUCTOR, and without giving legal advice (since again, I am not an attorney), I performed my due diligence in alerting the poster in this manner, and encouraged him to do the research on his own.
Since you pointed it out: 18 USC 922(x) spells things out in a lot more detail. But with those exceptions, especially the part about "exceptions with written parental consent, except under certain other circumstances," there could be a LOT of devils hidden in those details.
So yes. Perhaps I could stand a refresher on 18 USC 922. That doesn't make me a "fake" or "bad" instructor. I'm not perfect, but I take my responsibility VERY seriously, even when just answering forum posts.