As originally passed, the Gun Control Act of 1968 prohibited licensees, but not non-licensees, from making transfers to certain persons, including the prohibition on transfer of a firearm other than a rifle or shotgun to a person under 21 years old. Similarly, 922(d) prohibited a licensee from transferring a firearm to a felon or other prohibited person. Regulation of licensees was seen as regulation of interstate commerce; private transfers within a state was not considered as a legitimate exercise of the interstate commerce power. However, the Firearms Owners’ Protection Act of 1986 changed 922(d) to prohibit “any person” from transferring a firearm to such prohibited persons. There was no pretense at an interstate commerce nexus. The regulation on transfers by licensees to persons under 21 was not altered. In enacting 922(x), no pretense at regulation of interstate commerce was present – it prohibits a person from transferring a handgun to a juvenile (person less than 18), albeit with exceptions. Even the prohibition on receipt by a felon, 922(g), still requires an interstate commerce nexus.
Steve Stephen P. Halbrook Attorney at Law 3925 Chain Bridge Road, Suite 403 Fairfax, VA 22030 Tel. (703) 352-7276 Fax (703) 359-0938 Email: [email protected] Website: www.stephenhalbrook.com In a message dated 5/24/2010 5:44:58 P.M. Eastern Daylight Time, [email protected] writes: Folks: As I read 18 U.S.C. sec. 922(b)(1), it’s illegal for an FFL to sell a handgun to an 18-to-20-year-old, but quite legal for a nonprofessional to sell it to the 18-to-20-year-old (and for the 18-to-20-year-old to buy it) even if the nonprofessional knows or suspects that the buyer is under 21. Am I correct in so understanding? (I realize that some states ban handgun possession by under-21-year-olds, but I’m speaking here of the federal ban.) Also, as a practical matter, are there typically publications in most places with classified ads placed by nonprofessional sellers offering to sell their handguns, or does that generally not happen? Thanks, Eugene _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
_______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
