Buds' website states that a buyer must be of legal age to own what is being purchased. Correct me if I'm wrong but you don't have to be 21 to own a handgun.
You must not understand how online purchase of a firearm works.
OP orders from Bud's.
OP pays Bud's.
Bud's sends to the OP's local FFL.
Local FFL processes paperwork and gives the OP his firearm.
I can't imagine what about this process is so difficult to comprehend.
The sale is between seller and buyer - delivery is seller FFL to local FFL to purchaser. The law prohibits both sale and delivery of handguns to underage person. Obviously "the sale" part was/is in violation.
What does this have to do with anything that is being discussed? Did you even read what you were posting? Duh, we all know that if you need an FFL to buy/sell firearms between states (with some exception on long guns, if I remember correctly).
Your quote has NOTHING to do with age of the purchaser...... ???
Since you love technicalities so much:
US Code Title 18, subsection 922, (b)(1):
I would argue (with very good justification) that Bud's has no "reasonable cause to believe" the OP wasn't 21 years old when he ordered it since (@OP-correct me if I'm wrong) they didn't ask him for his age, beyond apparently stating on their site that one must be of age to legally possess whatever products he is ordering. It should be noted that the OP was older than 18 years old at the time of purchasing, meaning he was able to legally possess the item he was purchasing (i.e. he was abiding by Bud's policy)
In summary, my two points in this post are as follows:
1. Your quote was/is irrelevant.
2. Bud's has no reason to suspect the buyer is younger than 21, nor would they worry about it since they have very good reason to believe the local FFL will ensure his age; therefore, it is perfectly legal to sell the handgun to him, even though he might not have been 21 at the time.
This concludes my post. Are there any questions?
Anyone who wants, just PM me and I'll send you all of my relevant contact info to forward to the ATF, FBI, Homeland Security, etc.
I have purchased several firearms through Bud's Gunshop and have had 0 issues. Their website also said to call and confirm availablity of items before placing orders. I have done so and have mailed all my payments in for the cash discount and recieved my firearms within 2 weeks.
Maybe it is possible the firearm you ordered was out of stock and they had some scheduled to arrive within the week or so?
yea, you still have to be 21 before you buy a handgun....
Federal / State Firearms Regulations
All Federal and State firearms regulations are available on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website www.ATF.gov. The following information was taken directly from the publications available on this website and are intended to utilized as a guide and are not intended to be wholly inclusive of the entire Gun Control Act of 1968 or any state legislation. For more information regarding the entirety of all Federal and State firearms regulations please consult the information provided at the above website.
Federal Regulations:
You must be 21 years of age to purchase a handgun from a Federal Firearms Licensed dealer (FFL)
You must be 18 years of age to purchase a long gun from a FFL dealer
All handguns must be transferred from an FFL dealer to the customer in the state of the customer's residence
Long guns can be purchased and transferred to a resident of any state in any state provided that the transfer is legal in both the purchaser's state and the state in which the transfer is taking place
State residency regulations vary from state to state. Please click the following link (http://www.atf.gov/publications) to see if the firearm you are interested in can be transferred to you in any of our 29 retail locations.
Customers must complete the federal ATF F 4473 and pass the required Brady Act background check before a firearm can be transferred
State Regulations:
All State paperwork (in addition to the ATF F 4473) must be completed prior to the transfer of a firearm to the purchaser. All state or locally required WAITING PERIODS begin when the purchaser patronizes the FFL dealers place of business and completes the required Federal and State paperwork. Waiting periods DO NOT begin when the firearm is paid for on-line or when the firearm is shipped.
Yes, I do have a question - how is it "perfectly legal" if it's clearly against federal law?
I am not saying that Bud's should be held responsible, but what I'm trying to say, is that unknowingly or unintentionally or ignorantly, one way or another, the transaction is against the law.
There was obviously no ill intentions, but just misunderstanding of the law ... or should I say "stretching". Hopefully the original transaction is simply cancelled and money refunded; and OP gets another go with no troubles. Or maybe it'll just slip under the radar and his gun is waiting for him at local FFL to be picked up, I still think it'll look bad on the books.
P.S. My quote was there to show that there is a difference between "purchase" and "delivery" - two are separate and follow different regulations.
You're failing to realize Bud's has no apparent way to verify his age, or if he's a felon. That's the FFL's job. I'd imagine if he was underage and came in to retrieve the gun from the FFL, the FFL would deny him and send the gun back, THEN Bud's would more than likely refund the money. How hard is this to understand? Bud's doesn't ask if you're a felon, so technically they can buy a gun from there too.
In my mind, DELIVERY constitutes the end of the PURCHASE.
