Legal age for private gun sales

[thperez1972]

It’s age discrimination because if someone’s an adult legally you can’t just say, “your not adult enough sorry”. You should pay attention to their character and how they speak to you more than anything and if you can’t do that for someone who’s under 21 then how are you supposed do that for everyone else?

To answer the question, you can't know for sure if someone is "adult enough" in 5 minutes regardless of their age. Therefore, you have to look at all available information to help you make a decision. How they speak during a short conversation may or may not coincide with their character and maturity. Knowing someone's character takes a lot longer than most people are willing to spend when selling a handgun.

There are exceptions to every "rule." Ignoring the outliers, the majority of people tend to be more mature and become more responsible the older they get, up to a point. Therefore, absent of other compelling information, age can be used as a heuristic for maturity. Is that age discrimination? No, it is not. It's using a known piece of information as a reasonable substitute for an unknown piece of information.

I have no doubt you would like to disagree with me. If you do, please explain how the seller is supposed to go from a complete stranger to knowing your character through a couple of texts or short conversations.

 

[krotsman]

Would you loan your handgun to your friends or is their one or two friends you dont quiet trust?

Loaning is way different than selling, liability-wise.

 

[cbbr]

No, we can agree. I just used the wrong word. I was thinking of criminal when I was typing legal.

In all fairness, I was a little vague when I said DA/Jury. I really meant criminal/civil liability.

 

[hotbiggun]

Loaning is way different than selling, liability-wise.

Not really but lets say you are right. Lets say there is no liability in either scenerio. Do you trust all of your buds with your firearm?

I cant tell you how many times as a adult i go shooting with new friends or buisness associates and get swept by the barrel of their firearms. I hate when that happens.

 

[krotsman]

Not really but lets say you are right. Lets say there is no liability in either scenerio. Do you trust all of your buds with your firearm?

I cant tell you how many times as a adult i go shooting with new friends or buisness associates and get swept by the barrel of their firearms. I hate when that happens.

I get where you're coming from, in a personal preference way, I just don't think you're any more liable legally selling to someone who is 18 or 22 or 50. If you're going to get sued in a legal fishing expedition, I think you're going to get sued no matter the age.

 

[John_]

Selling a handgun to an 18 year old in a private sale is legal. It is not, however, required. It's also legal to sell to a resident of the same state without needing to see ID.

So based on your interpretation above of the Louisiana laws, how do I determine if the purchaser of my 9mm glock and two boxes of ammo is actually age 18 or greater? You said above I don't need to see his ID. Just take his word for it? Is that the actions of a responsible handgun owner? Just take their word for it, a total stranger I just met 15 seconds ago in the Academy parking lot? How do you know he is even a resident of Louisiana? Maybe he is simply lying to purchase the handgun?

 

[Jstudz220]

Would you loan your handgun to your friends or is their one or two friends you dont quiet trust?

I would loan my handgun to any friend that asked. I have many associates who I would deny that same privilege without thinking twice about it.

 

[hotbiggun]

I get where you're coming from, in a personal preference way, I just don't think you're any more liable legally selling to someone who is 18 or 22 or 50. If you're going to get sued in a legal fishing expedition, I think you're going to get sued no matter the age.

I agree with you there, we should not be responisibles for others crimes. But prosecuters can be garbage these days.

In Washington state where i moved from. All private sales must go through a FFL and you cannot loan your gun to anyone. Its a real **** show there.

 

[cbbr]

I get where you're coming from, in a personal preference way, I just don't think you're any more liable legally selling to someone who is 18 or 22 or 50. If you're going to get sued in a legal fishing expedition, I think you're going to get sued no matter the age.

I disagree. Lawyers are in it for the easy money. Selling to an 18yo is lawyer bait in my mind because they can trot out the "too young to be responsible and you as seller should have known better" argument.

That won't work if you sell me a gun no matter what I do with it. I do, and will look like a "responsible adult" - no "should have known". So I think its far more likely that you will be sued if the buyer/perp is 18 than if he is 30.

 

[thperez1972]

So based on your interpretation above of the Louisiana laws, how do I determine if the purchaser of my 9mm glock and two boxes of ammo is actually age 18 or greater? You said above I don't need to see his ID. Just take his word for it? Is that the actions of a responsible handgun owner? Just take their word for it, a total stranger I just met 15 seconds ago in the Academy parking lot? How do you know he is even a resident of Louisiana? Maybe he is simply lying to purchase the handgun?

What I believe is legally required and what I believe is best practice are not the same. I believe a responsible handgun owner should check an ID for age and residency. I also believe a responsible private handgun transaction should note the handgun and the parties involved.

Whatever gun with this serial number has been transferred from name and d/l number to name and d/l number.
seller signature
buyer signature

 

[hotbiggun]

Im at the point in life that im happy with what i have and will no longer sell any firearm.

Just an observation and thread hijack but in Washington i literally never went to a shooting range. The state is full of BLM land, here everything seems to be owned and no one wants you shooting on their property. Some reason i thought it would be easy to find a place to shoot in LA. Not the case.

 

[Rocketmanzzz]

To answer the question, you can't know for sure if someone is "adult enough" in 5 minutes regardless of their age. Therefore, you have to look at all available information to help you make a decision. How they speak during a short conversation may or may not coincide with their character and maturity. Knowing someone's character takes a lot longer than most people are willing to spend when selling a handgun.

There are exceptions to every "rule." Ignoring the outliers, the majority of people tend to be more mature and become more responsible the older they get, up to a point. Therefore, absent of other compelling information, age can be used as a heuristic for maturity. Is that age discrimination? No, it is not. It's using a known piece of information as a reasonable substitute for an unknown piece of information.

I have no doubt you would like to disagree with me. If you do, please explain how the seller is supposed to go from a complete stranger to knowing your character through a couple of texts or short conversations.

The same premise goes for any random adult you had no knowledge previous knowledge of and want to sell a gun to, the information you receive from the buyer is meant for you determine if he/she is legal to purchase that gun from you and is not mentally impaired from what you can see visually from the transaction, texting and calling won’t give you much of a read on anyone old or young so there is only so much a seller can do for verification. Once it’s sold what difference does it make, you’re no longer liable for it anymore, the seller and only the seller is legally responsible/liable for the gun. If you have moral issues with selling to anyone under 21 that’s your right to say no, it’s your gun, but you losing out on legal customers.

 

[thperez1972]

The same premise goes for any random adult you had no knowledge previous knowledge of and want to sell a gun to, the information you receive from the buyer is meant for you determine if he/she is legal to purchase that gun from you and is not mentally impaired from what you can see visually from the transaction, texting and calling won’t give you much of a read on anyone old or young so there is only so much a seller can do for verification.

Did you even read my post? This sentence sure implies that you didn't. I addressed this exact thing in the post you quoted and replied to.

Once it’s sold what difference does it make, you’re no longer liable for it anymore, the seller and only the seller is legally responsible/liable for the gun.

First of all, I'm going to assume you meant the buyer is responsible after the sale and not the seller. The seller doesn't need to justify their reasons to you. That having been said, this thread is filled with reasons why it makes a difference. You just don't seem to like them so you dismiss them.

If you have moral issues with selling to anyone under 21 that’s your right to say no, it’s your gun, but you losing out on legal customers.

This may be where the difference in age does make a difference. Yes, I may have lost a legal customer. I do not care. I am not selling weapons as a business and I don't need to sell a handgun to afford my next meal. I sell stuff because I don't use them anymore. So rather than have them sit there, I prefer to trade them for something more useful, usually cash. But if I walk away from a sale, which I've done plenty of times, I haven't actually lost anything. I still have what I started with, an item I will continue to not use. I'll sell it later. Or I won't sell it later. Either way, I'm good. This is a hobby, not an occupation.