Is this legal? If so, in what states?
Depends on the state.I noted on another forum that someone paid cash for a non antique revolver. And took it home with them. No mention of FFL involvement.
Is this legal? If so, in what states?
NY, NJ, MD to name a few. Probably DC and CA amongst others.Most states as long as you make the effort to not sell to a prohibited person. The easier question is in what states does the government have to be involved with a person to person sale.
Huh? FL state pre-emption should shield you from any remaining county or city ordinances. I know some Leftist locales have kept them on the books, but they aren't enforceable.In some states, it depends on the county or city. In my county it’s fine but two counties east it’s a felony.
NY, NJ, MD, OR to name a few. Probably DC and CA amongst others.NY, NJ, MD to name a few. Probably DC and CA amongst others.
Alachua County passed an ordinance in 2018 requiring background checks on all firearms purchases, including private sales. The state is silent on the requirement which means there’s no preemption. At least, that’s what my lawyer buddy told me when I asked about selling my collection at a show in the area.Huh? FL state pre-emption should shield you from any remaining county or city ordinances. I know some Leftist locales have kept them on the books, but they aren't enforceable.
Florida Statutes 790.33 Field of regulation of firearms and ammunition preempted.—Huh? FL state pre-emption should shield you from any remaining county or city ordinances. I know some Leftist locales have kept them on the books, but they aren't enforceable.
It's legal in 29 states. I'll let you do the research to find out which ones. It only takes a minute or two of online searching.I noted on another forum that someone paid cash for a non antique revolver. And took it home with them. No mention of FFL involvement.
Is this legal? If so, in what states?
EDIT to add: here is the link I used for the below list:
Quick google search turns up the following list of states that require something more than the federal government does for a handgun purchase:
California
Colorado
Deleware
DC
Florida - but only if the county requires it - good case for preemption
Hawaii
Illinois
Iowa - purchase permit that requires a background check
Maryland
massachusetts - foid card
Michigan - purchase permit that requires a background check
Minnesota - handguns and semiauto 'assault style rifles
Nebraska - handgun certificate or CCW both require a background chec,
New Jersey
New York
North Carolina - Permit that requires a background check
Oregon
Pennsylvania - handguns/short barreled rifles/shotguns through county sherrif - not for rifles
Rhode Island
Washington
There's a provision in the state background check statute allowing counties to require the background checks on their property. That's not preempted by the preemption statute, because state laws allowing counties to do things are not preempted by the state.Alachua County passed an ordinance in 2018 requiring background checks on all firearms purchases, including private sales. The state is silent on the requirement which means there’s no preemption. At least, that’s what my lawyer buddy told me when I asked about selling my collection at a show in the area.
A private sale without an FFL, background check and waiting period in California is definitely illegal. Can't even buy a long gun at an FFL out of state.NY, NJ, MD, OR to name a few. Probably DC and CA amongst others.
I used to be able to sell face-to-face in OR, but not any more.
Note that North Carolina has rescinded the requirement for a purchase permit as of 29 Mar 23EDIT to add: here is the link I used for the below list:
Quick google search turns up the following list of states that require something more than the federal government does for a handgun purchase:
California
Colorado
Deleware
DC
Florida - but only if the county requires it - good case for preemption
Hawaii
Illinois
Iowa - purchase permit that requires a background check
Maryland
massachusetts - foid card
Michigan - purchase permit that requires a background check
Minnesota - handguns and semiauto 'assault style rifles
Nebraska - handgun certificate or CCW both require a background chec,
New Jersey
New York
North Carolina - Permit that requires a background check
Oregon
Pennsylvania - handguns/short barreled rifles/shotguns through county sherrif - not for rifles
Rhode Island
Washington
Don't ask, don't tell.I noted on another forum that someone paid cash for a non antique revolver. And took it home with them. No mention of FFL involvement.
Is this legal? If so, in what states?
@CapnMacHoly Thread Necromancy, Batman!
This is clearly a result of "Similar Threads" to revisit a 2014 posting that's asked and answered.
Oops, I did indeed. Oops. Mea Culpa, Mea maxima culpa.
When did this statute become effective?Florida Statutes 790.33 Field of regulation of firearms and ammunition preempted.—
(1) PREEMPTION.—Except as expressly provided by the State Constitution or 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, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.
(2) POLICY AND INTENT.—
(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.
(b) It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority.
I wonder whether permit holders from other states that otherwise have reciprocity with FL are covered under this...Sec. 82.06. - Non-applicability to holders of Florida concealed weapon permits or currently certified law enforcement officers as defined under Florida Law.
The requirements of this chapter do not apply if the purchaser in the sale of a firearm is a holder of a Florida concealed weapons or firearms permit or license issued pursuant to general law, or a currently certified law enforcement officer as defined under Florida Law. However, this exemption shall not relieve such purchasers from compliance with otherwise applicable state or federal law requirements.
( Ord. No. 2018-18 , § 1, 6-26-18)