NFA weapons for 18 year olds.

Discussion in 'NFA Firearms & Related Items' started by MartinL, Feb 2, 2010.

  1. MartinL

    MartinL Former Guest

    Joined:
    Jan 29, 2010
    Messages:
    20
    I was lurking an another forum and there was a discussion about whether or not an 18 year old could make a silencer on an ATF form 1 and if they could receive one from a dealer. The below link says that a dealer can not deliver anything but a long gun to someone less than 21 years of age.

    http://trac.syr.edu/laws/18/18USC00922.html

    (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;

    But there are no laws prohibiting an 18yo from possessing any firearm except a hand gun or making any firearm except a handgun or machine gun. So theoretically an 18yo can submit an ATF form 1 to make any NFA weapon except a machine gun. They could also buy an NFA weapon from a person in their state as long as they do not go through a dealer.


    Why was the thread on owning title 2 weapons in the USA closed?
    Last edited: Feb 2, 2010
  2. Alpo

    Alpo Well-Known Member

    Joined:
    Feb 3, 2007
    Messages:
    11,201
    Location:
    NW Florida
    >But there are no laws prohibiting an 18yo from possessing any firearm except a hand gun or making any firearm except a handgun or machine gun. So theoretically an 18yo can submit an ATF form 1 to make any NFA weapon except a machine gun. They could also buy an NFA weapon from a person in their state as long as they do not go through a dealer.<

    There's no law prohibiting an 18 year old from making or possessing a pistol. The "gotta be 21" thing is buying one from a FFL, not owning one.
  3. Alpo

    Alpo Well-Known Member

    Joined:
    Feb 3, 2007
    Messages:
    11,201
    Location:
    NW Florida
    I should have said "no Federal law". States make their own laws, too, so depending on where you live, you might have to be 21 to own a pistol. I think New York requires that.
  4. wpage

    wpage Active Member

    Joined:
    Aug 25, 2009
    Messages:
    1,486
    Its a good issue. The variants between Federal and State laws are lawyers dreams come true.
  5. InfiniteArms

    InfiniteArms New Member

    Joined:
    Jan 8, 2003
    Messages:
    51
    Location:
    NV
    At a federal level you need to be 21 to buy a NFA item from a FFL. If state law allows it you can purchase from a private party in state without going thru a FFL.
  6. Alpo

    Alpo Well-Known Member

    Joined:
    Feb 3, 2007
    Messages:
    11,201
    Location:
    NW Florida
    Could you cite the law that says that? I haven't been able to find an age requirement in the NFA. GCA68 says 21 to buy a pistol, but a machine gun is not a pistol. Neither is a silencer.
  7. InfiniteArms

    InfiniteArms New Member

    Joined:
    Jan 8, 2003
    Messages:
    51
    Location:
    NV
    From a FAQ on another site:

  8. Alpo

    Alpo Well-Known Member

    Joined:
    Feb 3, 2007
    Messages:
    11,201
    Location:
    NW Florida
    >NFA and age requirements
    What about an age requirement for buying or making NFA weapons? For many years, it was incorrectly assumed that you had to be 21 in order to possess an NFA weapons. While you are required to be 21 in order to purchase an NFA weapon from a licensed dealer, you don’t have to be 21 to make or own one. Those of you between 18 to 21 years of age can thank an intelligent young man in Florida for that. He did some reading of the NFA 34 and the GCA 68, and noticed a few things. The GCA outlines age requirements for buying firearms from an FFL. For instance, you must be 18 to buy a rifle or shotgun, but must be 21 to buy a handgun from an FFL. The young man then got to thinking, and wrote BATFE a letter.<

    That's what I was looking for. The FAQ you quoted just, casually, said, "while you have to be 21 to buy from a dealer". I want to know where it says that in the law. I can't find that, anywhere.

    If the only knowledge you have of that law is this FAQ, what site were you quoting from, so I can go there and ask them where it says that in the law.
Similar Threads
Forum Title Date
NFA Firearms & Related Items Favorite modern combat weapons? Jun 29, 2013
NFA Firearms & Related Items Owning title 2 weapons in the USA. Jan 29, 2010
NFA Firearms & Related Items Where to find list of registered weapons? Oct 21, 2009

Share This Page