View Full Version : Purchasing parts below 18 years of age?
One of my cousins (16) has recently become interested in eventually building and owning his own ar-15. He asked me if it was legal to start buying up all the parts he needed except for the lower, so that once he turned 18 he could buy the lower and just put everything together at once. I've never been a position such as his so I told him I honestly didn't know but 2 years is a long time and he might want that money for other stuff anyway.
So what are the laws regarding purchasing parts like the upper, bcg, lpk's, etc. if he's not 18? My first assumption would be that it was fine considering the only "firearm" part was the lower, but I don't make it a habit to play around when it comes to federal laws, especially when its someone else's life that is on the line.
I didn't really know where to put this thread but I consider myself a new shooter to this type of situation and I figured other new shooters may need a refresher on firearm legalities. If this is in the wrong place please move it.
*edit* - He lives in Texas, and if it matters more specifically Austin
As far as I am aware there are no laws restricting gun parts purchases for individuals under 18 as long as there is not a lower involved I can see no laws being broken.
I don't know about Texas law. I'm sure purchasing parts isn't a problem, but I'd suggest your cousin look closely at the Texas laws regarding AR's. Because the AR15 has a pistol grip, it can be made into a pistol and therefore an AR15 lower receiver might be considered by the state of Texas to be a pistol, not a rifle. He needs to be sure that he can possess a pistol at age 18 in Texas. It's against federal law for someone under age 21 to buy a pistol (including an AR lower receiver) from an FFL. OTOH, I think it's legal (don't take my word for it) for someone 18 or older to possess a pistol in Texas. So, he could have an AR, but he'd have to buy it in a private transaction in the state of Texas. Like maybe you would buy it and transfer it to him. If you're so inclined, and if it was done in a way to not constitute a straw-man purchase.
I'm not trying to give legal advice, just pointing out that he had better look into this a little farther and be sure of the legality of buying and/or possessing an AR15 lower receiver.
I have seen some websites that say you must be 18 years or older to purchase parts.
I have seen some websites that say you must be 18 years or older to purchase parts.
You must be 18 years old to LEGALLY ENTER INTO A CONTRACT. Filling out an online order form and submitting your order is entering into a contract to purchase goods. If you are not 18 yrs old, the contract is voidable. Your parents could show up in 6 months and demand a refund for the stuff you bought because there was no contract for purchase legally entered into, and they would be correct. I do not think any retailer of gun stuff will knowingly sell to a person under age 18 for that reason. A retailer of Hot Wheels probably is not too worried about mom demanding a refund.
Gunfighter 9
02-08-11, 07:08
If you are concerned about the legal aspects of this I would consult a lawyer. However, to be quite honest I see a better option. Wait till he is 18 and then begin the build. Then, no laws are being potentially broken, andyou avoid having parts around for nearly two years that might tempt him to break the law. Gun laws are very different from state to state, and the only people qualified to comment on them are the local police, or a lawyer preferably with experience in criminal law. Hope this helps.
There is nothing that says he can't own one just can't buy it to begin with. He can build it up to the lower than he needs an adult to prefer parant to hold the title till legal age.
There is nothing that says he can't own one just can't buy it to begin with. He can build it up to the lower than he needs an adult to prefer parant to hold the title till legal age.
Title?
Gunfighter 9
02-08-11, 10:39
There is nothing that says he can't own one just can't buy it to begin with. He can build it up to the lower than he needs an adult to prefer parant to hold the title till legal age.
I wasn't aware of any title on non-NFA firearms. However, what you are suggesting could be considered a "strawman" purchase. This is why I suggested he wait. No need to get himself or anyone else in potential trouble for lack of patience.
Title was a poor choice of words. It was just a way of saying proof of ownership. The same way kids that hunt and their parents give them a rifle, not legally theirs until of age but they will eventually own it.
Many states allow youths to have or be in possession of firearms as long as they are under adult supervision. As long as the parent/ guardian is in the know, I wouldn't think it would be an issue.
Suwannee Tim
02-08-11, 17:12
I started reloading at 14 because I could buy components but not ammo.
I remember walking into a gun store and buying a box of .410 ammo when I was age 9. No one batted an eye. But that was back when the USA was a free country.
I am aware of the fact that minors under 18 can possess firearms in Texas, even handguns actually if it is transferred through a private sale, but from what it sounded like I believe his intent was to purchase parts from gun stores or over the internet - in which case I believe what 500 grains mentioned about entering a contract comes into play.
I also know of the "strawman" purchases, but I wasn't really asking about that because I'm certainly not buying him any parts being as broke as I am already, and I don't think I'm really in a position to show up at my uncle's house with gun parts for his son. I was asking more generally about how he could go about it legally for himself.
Thanks for all the input, although there doesn't really seem to be a solid consensus on the matter so I'll tell him to play it safe and just wait a while.
I think there is no consensus because you are reading to much into it. The receiver is a firearm. Everything else is just a part. So in reality there is nothing that would stop him from doing so.
As for the rest I will defer to the post by 500grains. I suppose a gun show would be different since he could simply pay cash.
I am aware of the fact that minors under 18 can possess firearms in Texas, even handguns actually if it is transferred through a private sale, but from what it sounded like I believe his intent was to purchase parts from gun stores or over the internet - in which case I believe what 500 grains mentioned about entering a contract comes into play.
I also know of the "strawman" purchases, but I wasn't really asking about that because I'm certainly not buying him any parts being as broke as I am already, and I don't think I'm really in a position to show up at my uncle's house with gun parts for his son. I was asking more generally about how he could go about it legally for himself.
Thanks for all the input, although there doesn't really seem to be a solid consensus on the matter so I'll tell him to play it safe and just wait a while.
I think there is no consensus because you are reading to much into it. The receiver is a firearm. Everything else is just a part. So in reality there is nothing that would stop him from doing so.
I agree. Only prohibitions are that he can't be on the ATF 4473 for the lower receiver until he's 21 (cant buy it from an FFL) and no one can buy it for him (straw man). But if he get it in a private transaction in the state of Texas, like a gun show, he should have no trouble if he's over 18.
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