Buy a rifle in Florida


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tucker92
March 6, 2012, 07:06 AM
Can and out of state person buy a rifle in Florida?

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G.barnes
March 6, 2012, 07:19 AM
Yes and no. You may purchase a rifle here but it must be sent to an ffl in your state for actual pick up.

Beck77
March 6, 2012, 09:06 AM
The following are from the FAQs on the ATF website (http://www.atf.treas.gov/firearms/faq/faq2.htm#b3 ):

(B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the personís own State, [B]except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaserís own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

Note also that 18 U. S. C. (a)(5) makes it unlawful for a resident of a state to transfer or deliver a gun to someone he should know is not also a resident of that state.

rule303
March 6, 2012, 10:45 AM
Florida is one of the few states that does not use the FBI NICS system, so if you buy a gun there, it can't be transferred to an out of state resident. It would need to be shipped to an FFL in your state for transfer.

Beck77
March 6, 2012, 12:06 PM
Florida is one of only 13 states who fully use the NICS for all firearm purchases:

http://www.fbi.gov/about-us/cjis/nics/poc

brboyer
March 6, 2012, 12:46 PM
Yes and no. You may purchase a rifle here but it must be sent to an ffl in your state for actual pick up.
Wrong

Florida is one of the few states that does not use the FBI NICS system, so if you buy a gun there, it can't be transferred to an out of state resident. It would need to be shipped to an FFL in your state for transfer.
Wrong



Beck77 cited the relevant Federal Law in his first post, but his second post misstates the situation. Florida, along with 12 other states have their own Full Point of Contact (POC) for NICS checks. FFL's call the State not the FBI for background checks*...but the state still utilizes the NICS system (among others) for the check. Eight other states use their own POC for some checks and the FBI for others.

So to answer the OP's question...Yes an out of state resident may purchase and then immediately posess a long gun in Florida as long as the transfer complies with the laws of Florida as well as the laws of the purchaser's state of residence. (Some counties impose a waiting period for long guns)

Good luck on finding an FFL that will do the transfer though. Most do not want the hassle dealing with another state's laws.

*In Florida, certain Pawn transactions can/must go through the FBI NICS directly.

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