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shooterinthebush
Regular Member
| Joined: | Sun May 3rd, 2009 |
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| Posts: | 3 |
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Posted: Sun May 3rd, 2009 07:17 pm |
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| so from what ive read, you must be 19 years old to oc in the state of NM,but is this true? if you cant buy a handgun untill your 21 how can you oc at the age of 19? please help....thanks p.s. you have any helpful links that would be good
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Mike
Super Moderator
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Posted: Sun May 3rd, 2009 07:38 pm |
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shooterinthebush wrote: so from what ive read, you must be 19 years old to oc in the state of NM,but is this true? if you cant buy a handgun untill your 21 how can you oc at the age of 19? please help....thanks p.s. you have any helpful links that would be good
Buy the handgun in a private sale (not from dealer) or receive as give or bequest.
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shooterinthebush
Regular Member
| Joined: | Sun May 3rd, 2009 |
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| Posts: | 3 |
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Posted: Sun May 3rd, 2009 07:40 pm |
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| so if my dad gave me the gun or bought it for me, i'd be legit?
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HankT
State Researcher
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Posted: Sun May 3rd, 2009 10:07 pm |
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shooterinthebush wrote: so if my dad gave me the gun or bought it for me, i'd be legit?
That would work legally, I think.
Buying a handgun yourself, from a private party (in NM only) would work too. But some private gun sellers are hesitant about or opposed to selling to a 19 year old. For example, me. I can't see myself selling to a young kid under 21. I just wouldn't do it.
Actually, I can think of a case where I'd do it. But it's pretty unlikely.
Good luck with your dad.
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NavyLT
Regular Member
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Posted: Mon May 4th, 2009 06:14 pm |
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shooterinthebush wrote: so if my dad gave me the gun or bought it for me, i'd be legit?
Depends on what you mean by "bought it for me" and from whom. If dad buys any gun on your behalf, with your money, from a federally licensed dealer, than a straw purchase, a federal felony has been committed.
Dad (or anyone else) can buy a gun to give to you as a gift, with no compensation in return for the gun or for the act of purchasing, that is perfectly legal.
Dad (or anyone else) can also buy a gun for you from a PRIVATE PARTY, with your money or be compensated for the purchase, not against federal law, unless there is a state law against it.
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Nitrox314
Regular Member
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Posted: Tue May 5th, 2009 05:18 pm |
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| I am pretty sure that in New Mexico you can even OC a handgun, underage on your family's property. I would double check the laws on that, but I could almost swear I saw it was not prohibited by law.
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Mike
Super Moderator
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Posted: Tue May 5th, 2009 05:21 pm |
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NavyLT wrote: shooterinthebush wrote: so if my dad gave me the gun or bought it for me, i'd be legit?
Depends on what you mean by "bought it for me" and from whom. If dad buys any gun on your behalf, with your money, from a federally licensed dealer, than a straw purchase, a federal felony has been committed.
no and yes - the so called straw purchase is when you buy a gun for a prohibited person; lieing on the 4473 as to actual purchaser is simply a felony for lieing.
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Border Bob
Regular Member
| Joined: | Tue Mar 31st, 2009 |
| Location: | New Mexico USA |
| Posts: | 13 |
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Posted: Tue May 5th, 2009 05:30 pm |
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| Maybe it would be cleaner to just borrow one of Dad's guns. If Dad loans you the gun, there's no potential complication about violating Federal law (sic).
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shooterinthebush
Regular Member
| Joined: | Sun May 3rd, 2009 |
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| Posts: | 3 |
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Posted: Tue May 5th, 2009 10:15 pm |
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| okay, i guess the issue here isnt really how to get a gun. its more can i oc in public being 20 years old?
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NavyLT
Regular Member
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Posted: Tue May 5th, 2009 11:02 pm |
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Mike wrote: NavyLT wrote: shooterinthebush wrote: so if my dad gave me the gun or bought it for me, i'd be legit?
Depends on what you mean by "bought it for me" and from whom. If dad buys any gun on your behalf, with your money, from a federally licensed dealer, than a straw purchase, a federal felony has been committed.
no and yes - the so called straw purchase is when you buy a gun for a prohibited person; lieing on the 4473 as to actual purchaser is simply a felony for lieing.
The BATFE disagrees with you, in writing. Page 165 of the Fedeal Firearms Regulations Reference Guide, published by BATFE in 2005, and I quote:
15. STRAW PURCHASES
Questions have arisen concerning the
lawfulness of firearms purchases from
licensees by persons who use a "straw
purchaser" (another person) to acquire
the firearms. Specifically, the actual
buyer uses the straw purchaser to execute
the Form 4473 purporting to show
that the straw purchaser is the actual
purchaser of the firearm. In some instances,
a straw purchaser is used because
the actual purchaser is prohibited
from acquiring the firearm. That is to
say, the actual purchaser is a felon or is
within one of the other prohibited categories
of persons who may not lawfully
acquire firearms or is a resident of a
State other than that in which the licensee's
business premises is located.
Because of his or her disability, the person
uses a straw purchaser who is not
prohibited from purchasing a firearm
from the licensee. In other instances,
neither the straw purchaser nor the actual
purchaser is prohibited from acquiring
the firearm.
In both instances, the straw purchaser
violates Federal law by making
false statements on Form 4473 to the
licensee with respect to the identity of
the actual purchaser of the firearm, as
well as the actual purchaser's residence
address and date of birth. The actual
purchaser who utilized the straw purchaser
to acquire a firearm has unlawfully
aided and abetted or caused the
making of the false statements. The
licensee selling the firearm under these
circumstances also violates Federal law
if the licensee is aware of the false
statements on the form. It is immaterial
that the actual purchaser and the straw
purchaser are residents of the State in
which the licensee's business premises
is located, are not prohibited from receiving
or possessing firearms, and
could have lawfully purchased firearms
from the licensee.
Last edited on Tue May 5th, 2009 11:07 pm by NavyLT
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NavyLT
Regular Member
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Posted: Tue May 5th, 2009 11:15 pm |
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shooterinthebush wrote: okay, i guess the issue here isnt really how to get a gun. its more can i oc in public being 20 years old?
30-7-2.2. Unlawful possession of a handgun by a person; exceptions; penalty.
A. Unlawful possession of a handgun by a person consists of a person knowingly having a handgun in his possession or knowingly transporting a handgun, except when the person is:
(1) in attendance at a hunter's safety course or a handgun safety course;
(2) engaging in the use of a handgun for target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located or in an area where the discharge of a handgun without legal justification is not prohibited by law;
(3) engaging in an organized competition involving the use of a handgun;
(4) participating in or practicing for a performance by an organization that has been granted exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1954, as amended or renumbered;
(5) legal hunting or trapping activities;
(6) traveling, with an unloaded handgun in his possession, to or from an activity described in Paragraph (1), (2), (3), (4) or (5) of this subsection; or
(7) on real property under the control of the person's parent, grandparent or legal guardian and the person is being supervised by his parent, grandparent or legal guardian.
B. A person who commits unlawful possession of a handgun by a person is guilty of a misdemeanor.
C. As used in this section:
(1) "person" means an individual who is less than nineteen years old; and
(2) "handgun" means a loaded or unloaded pistol, revolver or firearm which will or is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches.
And
30-7-2. Unlawful carrying of a deadly weapon.
A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
(1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;
(3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
(4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or
(5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].
B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.
Therefore: open carrying a firearm does not violate 30-70-2 and by a 20 year old does not violate 30-70-2.2
Last edited on Tue May 5th, 2009 11:18 pm by NavyLT
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Mike
Super Moderator
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Posted: Tue May 5th, 2009 11:58 pm |
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NavyLT wrote: Mike wrote: NavyLT wrote: shooterinthebush wrote: so if my dad gave me the gun or bought it for me, i'd be legit?
Depends on what you mean by "bought it for me" and from whom. If dad buys any gun on your behalf, with your money, from a federally licensed dealer, than a straw purchase, a federal felony has been committed.
no and yes - the so called straw purchase is when you buy a gun for a prohibited person; lieing on the 4473 as to actual purchaser is simply a felony for lieing.
The BATFE disagrees with you, in writing. Page 165 of the Fedeal Firearms Regulations Reference Guide, published by BATFE in 2005, and I quote:
15. STRAW PURCHASES
Questions have arisen concerning the
lawfulness of firearms purchases from
licensees by persons who use a "straw
purchaser" (another person) to acquire
the firearms. Specifically, the actual
buyer uses the straw purchaser to execute
the Form 4473 purporting to show
that the straw purchaser is the actual
purchaser of the firearm. In some instances,
a straw purchaser is used because
the actual purchaser is prohibited
from acquiring the firearm. That is to
say, the actual purchaser is a felon or is
within one of the other prohibited categories
of persons who may not lawfully
acquire firearms or is a resident of a
State other than that in which the licensee's
business premises is located.
Because of his or her disability, the person
uses a straw purchaser who is not
prohibited from purchasing a firearm
from the licensee. In other instances,
neither the straw purchaser nor the actual
purchaser is prohibited from acquiring
the firearm.
In both instances, the straw purchaser
violates Federal law by making
false statements on Form 4473 to the
licensee with respect to the identity of
the actual purchaser of the firearm, as
well as the actual purchaser's residence
address and date of birth. The actual
purchaser who utilized the straw purchaser
to acquire a firearm has unlawfully
aided and abetted or caused the
making of the false statements. The
licensee selling the firearm under these
circumstances also violates Federal law
if the licensee is aware of the false
statements on the form. It is immaterial
that the actual purchaser and the straw
purchaser are residents of the State in
which the licensee's business premises
is located, are not prohibited from receiving
or possessing firearms, and
could have lawfully purchased firearms
from the licensee.
Well, I guess BATFE disagrees with my point that it is overusing the word "straw" to include actual purchaser lies - lieing on the 4473 and delivering to a prohibited person are two different offenses.
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NavyLT
Regular Member
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Posted: Wed May 6th, 2009 12:41 am |
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Mike wroteWell, I guess BATFE disagrees with my point that it is overusing the word "straw" to include actual purchaser lies - lieing on the 4473 and delivering to a prohibited person are two different offenses.
I will certainly agree with you on all of that! 
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