South Florida Private Sales


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quatin
November 29, 2010, 02:45 PM
I've just become aware of the new statues (waiting time/criminal background check) concerning private sales at gun shows in Broward/Palm Beach/Dade counties. Considering the prices of AKs I saw this weekend at the Suncoast gun show, I expect to move my rifle quickly on the floor. However, I need advice on what the new acceptable methods are for private sales. I've gathered some information through Google, but some points need clarification.

Am I still allowed to solicit a buyer at a gun show and finalize the sale on private property? I'm assuming a car in a public parking lot is not private? Is the FFL/Background Check applicable if I sell/trade to a vendor at the gun show? Are vendors at gun shows capable of FFL transfers on spot?

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MrWesson
November 29, 2010, 09:17 PM
I went to the same show yesterday and looked up the statutes. basically the counties have overruled florida law with a 5 day waiting period and a "gun show law" so that you cannot do FTF sales at a gun show without a FFL. Solution would be www.floridaguntrader.com.

The broward/dade gun shows will not sell you a gun without a CCW or you can do a background check wait the 5 days and pick the gun up at a local dealer if applicable.

FLAvalanche
November 29, 2010, 09:52 PM
I voted to crack that section of Florida off and send it adrift but nobody listened...

RevolvingGarbage
November 29, 2010, 10:15 PM
Wow, so they are just going to ignore the state laws telling them that state law alone regulates firearms?

Gonna be some interesting lawsuits coming soon...

MrWesson
November 29, 2010, 11:54 PM
The same law has existed in orlando for the past 11 years. Wierd how they sneak this stuff into law huh.:cuss:


http://articles.orlandosentinel.com/1998-11-11/news/9811110462_1_chapin-handgun-sales-licensed-dealers

quatin
November 30, 2010, 11:28 AM
I went to the same show yesterday and looked up the statutes. basically the counties have overruled florida law with a 5 day waiting period and a "gun show law" so that you cannot do FTF sales at a gun show without a FFL. Solution would be www.floridaguntrader.com.

The broward/dade gun shows will not sell you a gun without a CCW or you can do a background check wait the 5 days and pick the gun up at a local dealer if applicable.

I realize that, but can I still solicit a buyer from a gun show and complete the transaction on private property? I didn't see anyone on the floor selling, but I was only there for the last 2 hours.

MrWesson
November 30, 2010, 01:55 PM
I realize that, but can I still solicit a buyer from a gun show and complete the transaction on private property? I didn't see anyone on the floor selling, but I was only there for the last 2 hours.

As long as you are not in "public" I think it has a pretty vague definition. I would say your car is private property although it is still on their public property.

LegalAlien
November 30, 2010, 08:10 PM
Maybe . . .just maybe some interested party and a good lawyer should take this as a test case to see how these city/county regulations fly against 790.33

790.33 Field of regulation of firearms and ammunition preempted.--
(1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.

MedWheeler
December 1, 2010, 08:02 AM
Yeah, I overhead this taking place in Saint Lucie County a few weeks ago, too. Someone near me was closing a deal, and being told that the gun would be available for pickup at a LGS in a few days.

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