Pa & Florida Gun ownership


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2nd 41
November 14, 2008, 04:10 PM
Can a PA resident that owns a house in Florida purchase a gun in Florida and keep it in that house?

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damien
November 14, 2008, 05:30 PM
You can't buy in Florida from a licensed dealer without your ID card and they will not sell a gun to someone out of state. Buy it in PA, bring it down.

divemedic
November 14, 2008, 05:51 PM
Actually, if you own a house in Florida, during the time that you are staying in that house, you are a resident of the Florida. 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.

27 CFR 478.11 (http://edocket.access.gpo.gov/cfr_2003/aprqtr/pdf/27cfr478.11.pdf)

The following are examples
that illustrate this definition:
Example 1. A maintains a home in State X.
A travels to State Y on a hunting, fishing,
business, or other type of trip. A does not become
a resident of State Y by reason of such
trip.
Example 2. A is a U.S. citizen and maintains
a home in State X and a home in State
Y. A resides in State X except for weekends
or the summer months of the year and in
State Y for the weekends or the summer
months of the year. During the time that A
actually resides in State X, A is a resident of
State X, and during the time that A actually
resides in State Y, A is a resident of State Y.

2nd 41
November 14, 2008, 11:57 PM
Thanks. Should have mentioned. I'm a snowbird. Would be living in the Florida house for about 4 1/2 - 5 months a year.

Guns and more
November 15, 2008, 12:09 AM
Now I'm confused. How would you show proof of residency? Not your drivers license, it's from another state.
And aren't we always hearing how criminals from DC go across the state line to buy guns in Va.?

NavyLCDR
November 15, 2008, 01:33 AM
Now I'm confused. How would you show proof of residency? Not your drivers license, it's from another state.

Exactly. That's why, even though it is LEGAL to purchase the handgun in Florida, it may not be POSSIBLE to do it, from a dealer anyways. The same issue happens with military spouses. My wife can live in Washington state with me, 100% of the time for 3 years, does not have to get a Washington driver's license according to state law, she even has a Washington CPL with a Washington address on it, but no FFL will sell her a handgun because she does not have a Washington photo ID. :banghead:

Now, here is the rub. She could take her military ID card, Wyoming driver's license, and Washington CPL to the Washington department of licensing and they would issue her a Washington State ID Card, no additional documents required (I don't know why she didn't do that, that's her decision). So that combination of documents is good enough for Washington state to prove residency to them, but not to the FFL's.

And, BTW, I am NOT slamming on the FFL's, just showing the situation.

everallm
November 15, 2008, 10:11 AM
Clarification,

If its a long gun then no problems, the PA resident can purchase in FL so long as the weapon is legal in both states.

I believe you can also take proof of residency, utility bills, mortgage bills etc and get a non driving license state identity card at the DMV which is sufficient.

2nd 41
November 15, 2008, 02:43 PM
Thanks for the replies. My first movement is to obtain a Florida ID card.
I still have my draft card (from 1965) as one of the requirements to prove my identity.

United States Citizens

Florida law requires identification, proof of date of birth, proof of residential address, and proof of social security number (if issued, Chapter 322, Florida Statutes, requires the Department to collect social security numbers for the issuance of driver license and identification cards) from all customers before a driver license or identification card can be issued. The name assigned to the social security number must match the name that will appear on the Florida driver license or identification card. If you have recently changed your name, update your records with the Social Security Administration before you apply for your license or identification card. Each U.S. citizen who applies for an original driver license or identification card must submit:

I. Proof of Residential Address

II. Proof of Social Security Number (social security card or any of the following documents showing your social security number: tax return, W-2 form, pay check, DD-214, school record)

III. One of the following (3) documents:

Certified United States birth certificate, including territories and District of Columbia (the birth certificate must be issued by a government agency. Hospital birth certificates cannot be accepted); or
Valid United States passport; or
Certificate of Naturalization
Note:
Effective April 10, 2002, United States Military ID cards with an officer rank will be accepted as proof of citizenship only; however, not as proof of primary identification.
NOTE: Proof of citizenship or legal presence may be required for renewal or replacement licenses. Please come prepared to present one of the above identification documents as proof of citizenship or legal presence.
When necessary, marriage certificates, court orders, or divorce decrees must be provided to tie the name on the primary identification to the name the customer would like to place on the driver license or identification card.

IV. And a secondary document, which substantiates the primary document, is required. Document may include, but is not limited to, the original or certified copy of one of the following

A driver license from the District of Columbia, U.S. Territories, or one of our 50 states.
School record stating date of birth, which must contain the registrar’s signature.
Transcript of the birth record filed with a public officer charged with the duty of recording certificates.
Baptism certificate, which shows date of birth and the place of baptism.
Family Bible record or birth announcement in a baby book
An insurance policy on the customer’s life which has been in force for at least two years and has the month, day and year of birth.
United States military or military dependent identification card.
Effective April 10, 2002, United States Military ID cards with an officer rank will be accepted as proof of citizenship only; however, not as proof of primary identification.
An identification card from the District of Columbia, U.S. Territories, or one of our 50 states.
Florida license record or identification card record.
Selective Service Registration (Draft Card).
Florida Vehicle Registration certificate (HSMV 83399, owner’s copy) obtained from the tax collector’s office where the customer’s vehicle was registered, Florida, or out-of-state registration certificate, if name and date of birth are shown.
Florida and out-of-state non-driver identification cards (state issued).
Receipt copy of your last Florida driver license issuance.
Immigration form I-571.
Federal form DD-214 (military record).
Marriage certificate.
Court order, which includes legal name.
A Florida voter registration card, which was issued at least 3 months previously.
Personal identification by an examiner or by a person well known to the examiner.
Social Security Card
Parent consent form of minor, signed by the parent or legal guardian
Government issued out-of-country passport, driver license, or identification card
Concealed Weapons Permit

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