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Arizona Help

atvguy585atvguy585 Member Posts: 142 ✭✭✭
I'm in AZ and I need to know if there is a way to get a firearm out of, lets say my dads' name into my name. I know that they are supposed to not have it under anyone's name for AZ, but apparently they do because my dad had to pick my gun up from the police, (long story), instead of me. He bought the pistol and didn't like it, but I did so he sold it to me. They said they wouldn't release it to me. I have done some reading and from what I have read they are supposed to dispose of all information regarding the purchase of a firearm even the nsa check.

My computer is messing up so if something doesn't make sence because I'm writing really fast, make a note and I will clarify when I get to a computer that works.

Comments

  • pickenuppickenup Member, Moderator Posts: 22,397 ******
    edited November -1
    Are you 21 yet?
  • atvguy585atvguy585 Member Posts: 142 ✭✭✭
    edited November -1
    quote:Originally posted by pickenup
    Are you 21 yet?


    20 But AZ law states private sales may be done on pistols, ages 18+
  • hunter86004hunter86004 Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    Here's the Federal law that may pertain: 1 (18 U.S.C. 922)
    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.
    (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.
    (3) This subsection does not apply to -
    (A) a temporary transfer of a handgun or ammunition to a
    juvenile or to the possession or use of a handgun or ammunition
    by a juvenile if the handgun and ammunition are possessed and
    used by the juvenile -
    (i) in the course of employment, in the course of ranching or
    farming related to activities at the residence of the juvenile
    (or on property used for ranching or farming at which the
    juvenile, with the permission of the property owner or lessee,
    is performing activities related to the operation of the farm
    or ranch), target practice, hunting, or a course of instruction
    in the safe and lawful use of a handgun;
    (ii) with the prior written consent of the juvenile's parent
    or guardian who is not prohibited by Federal, State, or local
    law from possessing a firearm, except -
    (I) during transportation by the juvenile of an unloaded
    handgun in a locked container directly from the place of
    transfer to a place at which an activity described in clause
    (i) is to take place and transportation by the juvenile of
    that handgun, unloaded and in a locked container, directly
    from the place at which such an activity took place to the
    transferor; or
    (II) with respect to ranching or farming activities as
    described in clause (i), a juvenile may possess and use a
    handgun or ammunition with the prior written approval of the
    juvenile's parent or legal guardian and at the direction of
    an adult who is not prohibited by Federal, State or local law
    from possessing a firearm;
    (iii) the juvenile has the prior written consent in the
    juvenile's possession at all times when a handgun is in the
    possession of the juvenile; and
    (iv) in accordance with State and local law;
    (B) a juvenile who is a member of the Armed Forces of the
    United States or the National Guard who possesses or is armed
    with a handgun in the line of duty;
    (C) a transfer by inheritance of title (but not possession) of
    a handgun or ammunition to a juvenile; or
    (D) the possession of a handgun or ammunition by a juvenile
    taken in defense of the juvenile or other persons against an
    intruder into the residence of the juvenile or a residence in
    which the juvenile is an invited guest.
    (4) A handgun or ammunition, the possession of which is
    transferred to a juvenile in circumstances in which the transferor
    is not in violation of this subsection shall not be subject to
    permanent confiscation by the Government if its possession by the
    juvenile subsequently becomes unlawful because of the conduct of
    the juvenile, but shall be returned to the lawful owner when such
    handgun or ammunition is no longer required by the Government for
    the purposes of investigation or prosecution.
    (5) For purposes of this subsection, the term "juvenile" means a
    person who is less than 18 years of age.
    (6)(A) In a prosecution of a violation of this subsection, the
    court shall require the presence of a juvenile defendant's parent
    or legal guardian at all proceedings.
    (B) The court may use the contempt power to enforce subparagraph
    (A).
    (C) The court may excuse attendance of a parent or legal guardian
    of a juvenile defendant at a proceeding in a prosecution of a
    violation of this subsection for good cause shown.
    (y) Provisions Relating to Aliens Admitted Under Nonimmigrant
    Visas. -
    (1) Definitions. - In this subsection -
  • atvguy585atvguy585 Member Posts: 142 ✭✭✭
    edited November -1
    quote:Originally posted by hunter86004
    Here's the Federal law that may pertain: 1 (18 U.S.C. 922)
    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.
    (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.
    (3) This subsection does not apply to -
    (A) a temporary transfer of a handgun or ammunition to a
    juvenile or to the possession or use of a handgun or ammunition
    by a juvenile if the handgun and ammunition are possessed and
    used by the juvenile -
    (i) in the course of employment, in the course of ranching or
    farming related to activities at the residence of the juvenile
    (or on property used for ranching or farming at which the
    juvenile, with the permission of the property owner or lessee,
    is performing activities related to the operation of the farm
    or ranch), target practice, hunting, or a course of instruction
    in the safe and lawful use of a handgun;
    (ii) with the prior written consent of the juvenile's parent
    or guardian who is not prohibited by Federal, State, or local
    law from possessing a firearm, except -
    (I) during transportation by the juvenile of an unloaded
    handgun in a locked container directly from the place of
    transfer to a place at which an activity described in clause
    (i) is to take place and transportation by the juvenile of
    that handgun, unloaded and in a locked container, directly
    from the place at which such an activity took place to the
    transferor; or
    (II) with respect to ranching or farming activities as
    described in clause (i), a juvenile may possess and use a
    handgun or ammunition with the prior written approval of the
    juvenile's parent or legal guardian and at the direction of
    an adult who is not prohibited by Federal, State or local law
    from possessing a firearm;
    (iii) the juvenile has the prior written consent in the
    juvenile's possession at all times when a handgun is in the
    possession of the juvenile; and
    (iv) in accordance with State and local law;
    (B) a juvenile who is a member of the Armed Forces of the
    United States or the National Guard who possesses or is armed
    with a handgun in the line of duty;
    (C) a transfer by inheritance of title (but not possession) of
    a handgun or ammunition to a juvenile; or
    (D) the possession of a handgun or ammunition by a juvenile
    taken in defense of the juvenile or other persons against an
    intruder into the residence of the juvenile or a residence in
    which the juvenile is an invited guest.
    (4) A handgun or ammunition, the possession of which is
    transferred to a juvenile in circumstances in which the transferor
    is not in violation of this subsection shall not be subject to
    permanent confiscation by the Government if its possession by the
    juvenile subsequently becomes unlawful because of the conduct of
    the juvenile, but shall be returned to the lawful owner when such
    handgun or ammunition is no longer required by the Government for
    the purposes of investigation or prosecution.
    (5) For purposes of this subsection, the term "juvenile" means a
    person who is less than 18 years of age.
    (6)(A) In a prosecution of a violation of this subsection, the
    court shall require the presence of a juvenile defendant's parent
    or legal guardian at all proceedings.
    (B) The court may use the contempt power to enforce subparagraph
    (A).
    (C) The court may excuse attendance of a parent or legal guardian
    of a juvenile defendant at a proceeding in a prosecution of a
    violation of this subsection for good cause shown.
    (y) Provisions Relating to Aliens Admitted Under Nonimmigrant
    Visas. -
    (1) Definitions. - In this subsection -



    This does not answer the question. If you read it states a juvenile is under 18. This article has nothing to do with my question because I'm not a juvenile. The quote is below.

    quote: (5) For purposes of this subsection, the term "juvenile" means a
    person who is less than 18 years of age.
  • hunter86004hunter86004 Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    Btw, I can find nothing in the Arizona code (13-31) that states that it's legal to sell a handgun to a minor in a private sale.
    If I missed it, I'd like to see the ARS reference.
  • hunter86004hunter86004 Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    I think you've pretty much answered your own question.
    I can guarantee that the police don't know who owns what here in AZ. Dealers don't send any info on handgun purchases, except multiple handgun purchases that are required by BATF, to police. If it was purchased at a pawn shop that may not be the case, but a regular dealer keeps all the info and a NICS check gives NO specific information to the Feds about the firearm.
  • atvguy585atvguy585 Member Posts: 142 ✭✭✭
    edited November -1
    quote:Originally posted by hunter86004
    I think you've pretty much answered your own question.
    I can guarantee that the police don't know who owns what here in AZ. Dealers don't send any info on handgun purchases, except multiple handgun purchases that are required by BATF, to police. If it was purchased at a pawn shop that may not be the case, but a regular dealer keeps all the info and a NICS check gives NO specific information to the Feds about the firearm.


    Hmmm.....that's why I'm wondering why they wouldn't release the gun to me.

    For the post above, I will find the section for you that states where it's leagal for someone 18+ to buy when I get to my computer that works better.
  • hunter86004hunter86004 Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    Dan,
    You don't need to look it up....it isn't germain for you anyway.
    I'm rather curious about who actually has the pistol now (and why) and what they might have as a reason not to give it to you.
    It's been my experience that all Az LEOs don't know Az law all that well....my son not included.
  • atvguy585atvguy585 Member Posts: 142 ✭✭✭
    edited November -1
    I missed in a previous post you made, the dealer does keep the info of the purchase? I'm wondering if that might be how they know.

    I have the gun because it is mine and I paid for it. My dad had to pick it up though.

    Long story short, I was victim of armed home invasion and they were pending charges on me for firing within city limits but, they dropped them after they looked into what happened. So basically they were going to keep the firearm if I wanted to press charges on the person who did it, (if they found them), and i said drop it because I know they will never find them because I didn't have enough info for them to go by.
  • atvguy585atvguy585 Member Posts: 142 ✭✭✭
    edited November -1
    quote:Originally posted by hunter86004
    Btw, I can find nothing in the Arizona code (13-31) that states that it's legal to sell a handgun to a minor in a private sale.
    If I missed it, I'd like to see the ARS reference.


    Remember I am not under 18 years of age.

    http://www.atf.gov/firearms/statelaws/22ndedition/arizona.pdf

    http://arizonaccwpermit.com/2009/03/03/questions-on-private-handgun-sales-in-arizona/

    http://arizonaccwpermit.com/2008/05/31/handgun-carry-in-arizona-between-the-age-of-18-and-21-years-of-age/
  • atvguy585atvguy585 Member Posts: 142 ✭✭✭
    edited November -1
    Basically I guess I have answered my own question after further reviewing other information.

    [RE CAP] (use the links I posted above for reference)
    In Arizona private sales may be made at ages 18+ on pistols, longuns, and shotguns. Federal sales on pistols may be made 21+, longuns and shotguns 18+.

    All sales made assuming you meet all the qualifications needed in purchasing a firearm legally using the state statue for reference. THIS MEANS YOU MUST BE LEGALLY ALLOWED TO BUY A FIREARM.

    I will make up a form that will declare the sale of the firearm ownership to myself for future reference. I will post a picture of the form only if others might find it useful. It will however only be for this state because "I" only know this states private sales info.
  • hunter86004hunter86004 Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    Dan,
    The ONLY way the police would know that it was your father who purchased the gun would be if someone (you or your father) told them, or if the gun was run through the FBI Tracing Center.
    Dealers in AZ don't report sales to the police, except the multiple handgun sale as required, and, by statute, there is no registration of firearms in Az.
    Don
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