Wednesday, May 4, 2011

Permits for residents under 23

As most instructors know, Missouri law requires all ccw applicants to be 23 years of age or older. At first glance this might seem like the end of the road, but is it?
If you are familiar with Missouri law, and do a little research on the net, I’m sure many of you know that a person who is 21 could get an out of state permit and carry a concealed firearm in Missouri. In the public’s mind 21 seems to be the magical number where a citizen finally gets to make all their own decisions. It will take a big effort on your part to get those younger adults to class. It has been my experience that, since they believe they must be 23, they don’t even bother with looking for a class.

Let’s assume now that you have had some 21 year olds in class, who obtained a permit from another state to carry a concealed weapon, and all is right with the world. Since 21 is the age at which a person can buy a handgun directly from an FFL holder, it isn’t too likely that they will be second guessed at all if ever there is an interaction with law enforcement, or the public. But what about those are in the 18-21 age range? Unfortunately, persons in this age range are going to have an uphill battle from every direction. The public believes that they cannot own or possess a handgun at the age of 18. Law enforcement generally does not encounter this scenario, and they also believe that a person may not own a handgun at 18. That perception, along with the belief that a person must be 23 to obtain a permit a Missouri permit gives these citizens a difficult road ahead and they must be prepared for it.

First, make sure they understand that they will be scrutinized by the public, and law enforcement. It’s not that they have done anything wrong. It’s that entrenched belief that you can’t do anything more than vote at 18. If they are pulled over, or interact with law enforcement in any way, make sure they know they will be looked at with a magnifying glass, and most likely the officer will not be aware of the appropriate federal or state law. This is of no fault of the officer, they are just doing their job, and frankly, this isn’t something that is covered in an academy class. Ensure them to remain calm, be courteous, and expect it to take a little while to get sorted out.

Secondly, prepare them for the situation. The most relevant law for this is 18USC922(x)(1) and 18USC922(x)(2) which states; (emphasis added)
18USC922(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.

18USC922(x)(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.

Of course we know what a juvenile is, but let’s also include that definition; (emphasis added)
18USC922(x)(5) For purposes of this subsection, the term
"juvenile" means a person who is less than 18 years of age.

We can now say with some certainty, and with the reassurance of federal law, that it is; 1)Not illegal to purchase a handgun from a person if you are 18, and 2) Not illegal to possess a handgun if  you are 18. This is good information to provide to all your students, but in particular anyone who is under 21. Next, let’s look at the Missouri law regarding purchase of a concealable firearm;
RSMo 571.080. A person commits the crime of transfer of a concealable firearm if such person violates 18 U.S.C. Section 922(b) or 18 U.S.C. Section 922(x).

Well Missouri seems to cite the federal laws that govern the purchase and possession of a handgun. So, did a person who is 18 violate 922(x) when they purchased a handgun from an individual? Certainly not. Then since there is no law violated on either the state or federal level, a person aged 18 or older may purchase a handgun from an individual, or even have it gifted from another individual. So where does this assumption of being 21 years old come from? 18USC922(b) which states; (emphasis added)
18USC922(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;

Ultimately 18USC922(b) says, that a person may not purchase a handgun from a federally licensed dealer unless that buyer is 21 or older. The all important exemption is 18USC922(x) which allows anyone 18 or older to purchase a handgun from a person, or have it gifted. This type of information should probably be given to all of your students, but in particular, make sure anyone in your course who is under 21 knows this information well. 

With all the legal ramifications aside, let’s look at the practicality. Trying to convince a law enforcement officer of what the law says, and getting that officer to understand it may be difficult. Do your best to prepare your students for it, regardless of their age. Provide them with the proper law references regarding purchase and possession of firearms, and it doesn’t hurt to provide phone numbers for the ATF branch officer in the area. Preparation and a level head is going to be the key. The more educated the public becomes, the less this issue will come up.

This entry contributed by:
Jeff is a certified instructor for civilian, law enforcement, and security

1 comment:

  1. I just thought I would add in a few options for those under 23, since Jeff already covered the age requirements for purchasing and possessing a handgun in good detail.

    There are several states that issue non-resident permits to qualified applicants at age 21. The two that will probably be the first choice(s) of individuals in this age range are Arizona and Florida. Both of them have similar training requirements and both will issue to a qualified Missouri resident. In both cases, all of the necessary paperwork can be handled 100% through the U.S. Mail meaning that there is no need for a long-distance trip across the country just to obtain the permit.

    For individuals under the age of 21, there is an option for them as well. The State of Maine issues non-resident CCW permits to qualified persons that are age 18 or older. Once again, all of the necessary paperwork can be handled through the U.S. Mail making a cross-country trip unnecessary.

    All of the above permits are recognized by the State of Missouri, and it is lawful for any Missouri resident to carry a concealed firearm in the State of Missouri (in accordance with state and federal laws) if they possess a valid permit issued by any of these states.

    Keeping this information in mind can allow you, as an instructor, the ability to offer a potential student more options. It may also allow you to expand your clientele to include people under the age of 23 since the required Missouri CCW Firearms Safety Training meets or exceeds the training requirements for the states mentioned.

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