Handgun given to someone under 21 in florida


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trigun87
July 12, 2010, 01:32 AM
Is it against the law in a private transaction to give a handgun to per say a 19 year old? Cause I wanna trade for a rifle he has but he wants one of my hand guns.

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NavyLCDR
July 12, 2010, 10:25 AM
No.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC17.HTM&Title=->2009->Ch0790->Section%2017#0790.17

and

http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000922----000-.html
^^Scroll down to 18 USC 922 (x)

Provided that you are both residents of Florida, of course.

AirForceShooter
July 12, 2010, 10:29 AM
18 or over and under 21 it's perfectly legal.
The kid just can't buy a hand gun from an FFL.
But as a gift or private purchase perfectly legal

AFS

NavyLCDR
July 12, 2010, 10:35 AM
I wonder how long it is going to be before someone comes along and posts, "It may be legal, but I sure wouldn't give no dang kid a handgun!"

I personally don't feel that way, I wouldn't take age into any more consideration if the person was 18 or 88. But, I'll bet before this thread is over someone is going to say it!

berettaprofessor
July 12, 2010, 10:50 AM
NavyLT, I won't say it, but I'll say I'd wanna know the young man DARNED WELL before I traded him a handgun....i.e. well enough to be able to assess his level of maturity and ...well....maturity covers it. There's a vast amount of mental process maturing that continues clear out to around age 25 or so in most of our youth...and most young boys I know work overtime to prove my point.

So I guess I would take age and thought processes into consideration. As I did when I didn't give a handgun to my own son yet...who purchased his first on his own at 21 and that may have been a little too soon.

DenaliPark
July 12, 2010, 11:00 AM
I wonder how long it is going to be before someone comes along and posts, "It may be legal, but I sure wouldn't give no dang kid a handgun!"

I personally don't feel that way, I wouldn't take age into any more consideration if the person was 18 or 88. But, I'll bet before this thread is over someone is going to say it!
Took just fifteen minutes.

NavyLCDR
July 12, 2010, 11:10 AM
Took just fifteen minutes.

If I only had as good luck with lottery numbers! :D

Carl N. Brown
July 12, 2010, 11:30 AM
One goal of the age limits laws is to prevent youths from being introduced to the "gun culture"--my father took me target shooting when I was six. Surveys show that people who own guns today for hunting, target shooting, collection, self-defense or civilian practice preparatory for military service, were introduced to shooting by their parents or older relatives while still minors. So one goal of these laws is to break the cycle and thus eliminate the "gun culture". That is, the good, beneficial gun culture of responsible use.

Of course that leaves the youths saturated with the gangstah gun culture of criminals and thugs glamorized by TV, movies, music and pop culture: the bad, detrimental gun culture that thrives when the responsible gun culture is cut off.

wishin
July 12, 2010, 02:17 PM
Off topic, but since you're on a roll, would you take a shot at when they'll stop the oil spill?:D

Charleo0192
July 12, 2010, 02:43 PM
Thats how it is in South Carolina as well.

Went to a local gun shop when I was younger and the guy behind the counter wouldn't hand me the gun, but said he could hand the gun to my dad, and my dad could hand the gun to me. Just because I wasn't 21

oldbanjo
July 12, 2010, 10:10 PM
In SC you can't own a rifle, shotgun or pistol until your 21. If your hunting with your father you can borrow a gun.
Also I think maturity is important. I know 60 yr old's that shouldn't have guns.

NavyLCDR
July 12, 2010, 10:46 PM
In SC you can't own a rifle, shotgun or pistol until your 21. If your hunting with your father you can borrow a gun.

Really?!? Can you explain this South Carolina statute to us, please?

http://www.scstatehouse.gov/code/t16c023.htm

SECTION 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns.

(A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:

(1) a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;

(2) a person who is a member of a subversive organization;

(3) a person under the age of eighteen, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or

(4) a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.

(B) It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State.

TexasBill
July 12, 2010, 11:29 PM
Gee, what's considered a subversive organization in South Carolina? And who decides?

NavyLCDR
July 12, 2010, 11:48 PM
http://www.scstatehouse.gov/code/t16c023.htm

SECTION 16-23-10. Definitions.

When used in this article:

(5) "Subversive organization" means any group, committee, club, league, society, association, or combination of individuals the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure, or overthrow of the government of the United States or any state or political subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing.

and

http://www.scstatehouse.gov/code/t23c029.htm
SECTION 23-29-10. Short title.

This chapter may be cited as the "Subversive Activities Registration Act."

SECTION 23-29-20. Definitions.

For the purposes of this chapter the following words, phrases and terms are defined as follows:

(1) "Subversive organization" means every corporation, society, association, camp, group, bund, political party, assembly, body or organization, composed of two or more persons, which directly or indirectly advocates, advises, teaches or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means;

(2) "Organization subject to foreign control" means every corporation, society, association, camp, group, bund, political party, assembly, body or other organization, composed of two or more persons, which comes within either of the following:

(a) it solicits or accepts financial contributions, loans or support of any kind directly or indirectly from, or is affiliated directly or indirectly with, a foreign government or a political subdivision thereof, an agent, agency or instrumentality of a foreign government or political subdivision thereof, a political party in a foreign country or an international political organization or

(b) its policies, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, an agent, agency or instrumentality of a foreign government or a political subdivision thereof, a political party in a foreign country or an international political organization;

(3) "Foreign agent" means any person whose actions, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, an instrumentality or agency of a foreign government or political subdivision thereof, a political party in a foreign country or an international political organization; and

(4) "Business" includes, but is not limited to, speaking engagements.

SECTION 23-29-30. Effect on freedom of press or speech.

Nothing in this chapter shall be construed to authorize, require or establish censorship or to limit in any way or infringe upon freedom of the press or of speech as guaranteed by the Constitution of the United States and no regulation shall be promulgated hereunder having that effect.

SECTION 23-29-40. Organizations exempt from application of chapter.

The terms of this chapter do not apply to any labor union or religious, fraternal or patriotic organization, society or association, or their members, whose objectives and aims do not contemplate the overthrow of the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means.

SECTION 23-29-50. Registration by subversive and foreign-controlled organizations.

Every subversive organization and organization subject to foreign control shall register with the Secretary of State on forms prescribed by him within thirty days after coming into existence in this State.

SECTION 23-29-60. Registration of members of subversive and foreign-controlled organizations.

Every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means, who resides, transacts any business or attempts to influence political action in this State, shall register with the Secretary of State on the forms and at the times prescribed by him.

SECTION 23-29-70. Forms and schedule for filing information.

Every organization or person coming within the provisions of this chapter shall file with the Secretary of State all information which he may request, on the forms and at the times he may prescribe.

SECTION 23-29-80. Promulgation of rules and regulations.

The Secretary of State may adopt and promulgate any rules and regulations, not inconsistent with the terms of this chapter, which may be necessary to carry out the provisions of this chapter and may alter or repeal such rules and regulations.

SECTION 23-29-90. Penalties.

Any organization or person who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than twenty-five thousand dollars or imprisonment for not more than ten years, or by both fine and imprisonment.

Any other questions? :-)

Still no explanation for 16-23-30 which allows for sales of handguns to persons 18 years of age and over when:
In SC you can't own a rifle, shotgun or pistol until your 21. If your hunting with your father you can borrow a gun.

oldbanjo
July 13, 2010, 12:58 PM
NavyLT You're right I was mistaken, I read this a few weeks ago. I looked up GUN LAWS SC and wound up looking at (crime.about.com) It was wrong. THANKS.

NavyLCDR
July 13, 2010, 01:41 PM
Thank you! There is a lot of incorrect info on the internet - it's best to look at the source documents. (Of course, the source documents are on the internet too, doh!)

PACKIN' PLASTIC
July 14, 2010, 04:35 PM
In Florida sporting or unloaded possession is 16, other possession is 18, private purchase is 18 and of course dealer purchase or licensed carry is is 21.

Federal possession is 18 unless you have written parental permission which a lot of people are not aware of.

I purchased 3 cartridge handguns before I turned 21 and yet I never held up any candy stores:rolleyes:

He may have trouble buying ammunition although if it's a common caliber you can go to walmart and tell them it's for a rifle...or at least that's what I've been told:D


PP

NavyLCDR
July 14, 2010, 06:08 PM
you can go to walmart and tell them it's for a rifle...or at least that's what I've been told

Which is a felony, if the ammo is actually for use in a handgun.

TrickyDick
July 14, 2010, 06:26 PM
Some things are better off left unsaid.

PACKIN' PLASTIC
July 14, 2010, 09:47 PM
Which is a felony, if the ammo is actually for use in a handgun.

Where do you dream this stuff up? You need to read and understand the law before repeating drivel someone made up.

It isn't illegal to sell handgun ammo to an 18 year old, nor is it illegal for an 18 year old to buy handgun ammo. The law only says that FFL dealers may not sell ammo to anyone under 21 if they believe it will be used in a handgun.

If an 18 year old says he needs ammo for a camp 9 then changes his mind and uses it in a glock he has not broken a single law but rather utilized a loophole either intentionally or accidentally. (Federal or Florida, other states have other laws)


PP

brboyer
July 14, 2010, 10:03 PM
Where do you dream this stuff up? You need to read and understand the law before repeating drivel someone made up.

It isn't illegal to sell handgun ammo to an 18 year old, nor is it illegal for an 18 year old to buy handgun ammo. The law only says that FFL dealers may not sell ammo to anyone under 21 if they believe it will be used in a handgun.

If an 18 year old says he needs ammo for a camp 9 then changes his mind and uses it in a glock he has not broken a single law but rather utilized a loophole either intentionally or accidentally. (Federal or Florida, other states have other laws)


PP

Perhaps you should take your own advise:

922. Unlawful acts
(a) It shall be unlawful—
(6) [/COLOR]for any person in connection with the acquisition or attempted acquisition of any [/COLOR]firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter.


924. Penalties
(a)(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title*, imprisoned not more than 10 years, or both.

* Not more than $250,000

NavyLCDR
July 14, 2010, 10:36 PM
bingo, thank you brboyer.

PACKIN' PLASTIC,

How did your statement go from this:
He may have trouble buying ammunition although if it's a common caliber you can go to walmart and tell them it's for a rifle...or at least that's what I've been told

To this:

If an 18 year old says he needs ammo for a camp 9 then changes his mind and uses it in a glock

You are talking about two entirely separate scenarios.

Also this:
utilized a loophole ... accidentally.
Is not committing a felony.

This:
utilized a loophole ... intentionally
Is committing a felony.

I do believe that most of 18 USC 922 is drivel that someone made up; but, unfortunately, it happens to be Federal law.

PACKIN' PLASTIC
July 14, 2010, 10:56 PM
In theory though I am going to agree with you NavyLT, in practice though accidents happen intentionally and intentions happen accidentally or so I've been told.


PP

NavyLCDR
July 14, 2010, 11:11 PM
On TheHighRoad we don't recommend that people break the law, loophole or not.... in theory.

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