Florida Non Resident Handgun Purchase


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kkebs
January 29, 2008, 02:40 PM
I am a NJ resident with a Florida CCW Permit. I was just wondering if it is legal
for a Florida non resident having their CCW to purchase a handgun in Florida. Intention is to rather than go through the BS of traveling via air etc. with my own to Florida several times during the year, just to purchase one there and prior to leaving Florida to return to NJ, rent a deposit box at a local bank and keep it there. Only real reason is that traveling with handgun via air from NJ might be a problem although I checked with NJ transit police and said it was ok as long as I conform to Federal regs USAC 18.

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Winchester 73
January 29, 2008, 02:49 PM
I am a NJ resident with a Florida CCW Permit. I was just wondering if it is legal
for a Florida non resident having their CCW to purchase a handgun in Florida

Short answer no.See GCA of 1968.

eric.cartman
January 29, 2008, 02:50 PM
Heeeelllllll nnnnooooooo !!!
Unless of course you have a FL DL, do you?

kkebs
January 29, 2008, 02:54 PM
Thanks Winchester 73 again. I guess I just have to go the airport route from
NJ and hope what I was told by the Port Authority Police in NJ is true and I
won't be spending the rest of my retirement in the "klinker"

damien
January 29, 2008, 02:55 PM
Heeeelllllll nnnnooooooo !!!
Unless of course you have a FL DL, do you?

It would still be illegal, although he might get away with it (I would not try, personally). He's a resident of New Jersey.

Winchester 73
January 29, 2008, 02:55 PM
Unless of course you have a FL DL, do you?

And even with FL DL,eric, he would have to prove FL residency for Tally.

eric.cartman
January 29, 2008, 04:23 PM
And even with FL DL,eric, he would have to prove FL residency for Tally.

Not so. I moved to FL on Monday. Got a DL on tuesday at 10:30am. They ASKED me, verbally, for my address in FL. I gave the address I thought I was going to be renting (turned out I was right a week later). At 11:00am same day I was in a gun store with my first gun in hand.

I'm sure if he has some land in FL, he can get a state ID at least. That would be enough. And if it wasn't, who cares anyways. Certainly not the gun shop. Show valid FL ID + CCW, walk out with the gun.

colubrid
January 29, 2008, 04:36 PM
I think you guys are making more out of this than there really is. I mean lots of people have summer houses ect and rent apts or even share with roomates. I would think if he has a CCW permit and DL nobody is going to question where he lives even if it is in a hotel.

Correct me if i am wrong here guys. But who and how would they find out?

Also kkebs could just travel to FL one time and leave his gun in a saftey box and that would eleviate the traveling back and forth with said handgun.

FLA2760
January 29, 2008, 05:16 PM
A buddy of mine has both PA and Fl non resident CCWs. He lives in Whiting NJ. He flies out of Philadelphia and has no problem. He gave up flying with a firearm a out of the NJ airports awhile back. He also has a vacation place in PA.

Winchester 73
January 29, 2008, 05:31 PM
Back from a nice liquid lunch.Why should I argue with eric,colubrid and FLA2760?
If he wants to take the chance,break the law and commit a felony(not that I agree with GCA '68)cool and dandy.Go for it.
But the fact remains he owns no land, he spends no time here, he is not a Florida resident.Is he going to be renting in FL,eric?
Damien is correct.
If he lands in jail I will help him out with a good FL Firearms Attorney.
You guys can act as character witnesses.

kkebs
January 29, 2008, 07:25 PM
Wow!! didn't mean to stir things up on this topic, but I was just curious. Obviously, I do not want to do whats not legal, anyway, I will still try to
get some additional input from other NJers like myself who fly from Newark
to Fla on the topic of air travel with a handgun. I could always travel by
car and get out of NJ in a hurry to either DE or PA where my CCW covers.

kingpin008
January 29, 2008, 08:12 PM
Also, good luck on getting a bank to OK you keeping a firearm in a safe deposit box on their property. And deciding to be a sneaky squirrel and put one in there without telling them, I'd venture they'd like that even less.

Art Eatman
January 29, 2008, 08:33 PM
kingpin, nobody but those whom you tell know what's in your safe deposit box. And you might be amazed at how many guns are stored in banks.

kingpin008
January 29, 2008, 08:41 PM
Art - that may be true, I might be amazed. But I might also be able to say "I told ya so" quite a few times when the banks found out (if they ever did) and weren't too happy with the individual renting the box.

kkebs
January 29, 2008, 08:47 PM
Thanks to all that have shared some input.. It is obvious that I can not purchase a handgun in FL as a non resident and leave it there. No further
posts are necessary.

Winchester 73
January 29, 2008, 08:48 PM
[QUOTE]kingpin, nobody but those whom you tell know what's in your safe deposit box. And you might be amazed at how many guns are stored in banks.[/QUOTE

F4GIB
January 29, 2008, 10:56 PM
Print out this US DOJ letter and carry it with you.
http://www.anjrpc.org/DefendingYourRights/us%20letter.pdf

JerryM
January 29, 2008, 11:23 PM
QUOTE From ATF site.
B11) What constitutes residency in a State? [Back]

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State. END Quote

If one is just going back and forth on business it would not constitute residency I don't think.
If one breaks the law, and is discovered, it would not be worth having a felony on the record. I assume it would be a felony, but I did not check that out.

Regards,
Jerry

[27 CFR 478.11]

Gator
January 29, 2008, 11:44 PM
Also, good luck on getting a bank to OK you keeping a firearm in a safe deposit box on their property.

:confused: I've had handguns in safety deposit boxes for almost twenty years now, with the bank's knowledge and consent. Just ask them, it is no problem at all.

gc70
January 29, 2008, 11:57 PM
Also, good luck on getting a bank to OK you keeping a firearm in a safe deposit box on their property.

The contents of a safe deposit box are private and should not be a matter of bank knowledge. The use of a safe deposit box is subject to the terms of a contractual agreement. Storing firearms is fine unless specifically prohibited by the agreement.

If some cases (I am not aware of the specifics in Florida), state law prohibits carrying firearms in banks, which could pose a risk in getting a firearm into a safe deposit box.

Banks also offer safekeeping services in which they hold identified items for customers. I have encountered banks that held firearms in safekeeping for their customers.

lawson4
January 30, 2008, 06:57 AM
As gc70 points out, it's according to the agreement with the bank. Usually the stipulations are nothing illegal (illegal drugs, stolen property, etc), or explosive. If you are allowed to CCW in the bank, you would be allowed to store the firearm in the box. You wouldn't be allowed to store ammo, in the gun or not.

lawson4

EOD Guy
January 30, 2008, 11:20 AM
I think you guys are making more out of this than there really is. I mean lots of people have summer houses ect and rent apts or even share with roomates. I would think if he has a CCW permit and DL nobody is going to question where he lives even if it is in a hotel.

Correct me if i am wrong here guys. But who and how would they find out?

His New Jersey address is on the Florida CCW permit.

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