I'm an Illinois resident who owns property in Florida. Everyone always told me that I had to have a Florida Drivers License in order to purchase a firearm in FL... although I did purchase an H&K P2000 in Ocala last October and had it shipped o my FFL in Illinois.
Anyway, I was in Bass Pro Shop today and talked with their gun department. They are happy to sell me anything I want if I can produce " a document" that proves "Florida Property Ownership", like a real estate tax bill. I questioned the guy further, and he told me the law was recently amended in November 08 to allow transfers to out-of-state people who own property in Florida. They would accept my Illinois Drivers License and a Florida Tax bill as evidence of that.
And because I have a Florida CCW permit, I can walk out with the gun immediately, same day.
Has anyone ever heard of this? Can anyone confirm this for me or direct us to the proof of this, because I'm guessing a lot of gun shops are unaware of this 'new law'.
Thanks
What makes you think I might respond to this thread?!?
OK. Here's the deal. First of all residency:
Residency is defined in 27 CFR 478.11 as:
State of residence. The State in which
an individual resides. An individual resides
in a State if he or she is present in a State
with the intention of making a home in that
State. If an individual is on active duty as a
member of the Armed Forces, the individ-
ual's State of residence is the State in
which his or her permanent duty station is
located.
For the purposes of firearms transactions that requires two things: physical presence in a state and intent to make that state a home. Do you meet both of those? Property ownership itself does not meet both those requirements.
Second. Identification. Proper identification is defined in 27 CFR 478.11 as:
Identification document. A document
containing the name, residence address,
date of birth, and photograph of the holder
and which was made or issued by or un-
der the authority of the United States
Government, a State, political subdivision
of a State, a foreign government, political
subdivision of a foreign government, an
international governmental or an interna-
tional quasi-governmental organization
which, when completed with information
concerning a particular individual, is of a
type intended or commonly accepted for
the purpose of identification of individuals.
Any combination of documents which establishes all of the above may be used. Typically, let's say you reside in Florida part of the year, if you do not have photo ID issued by the state of Florida, an FFL will not accept you as a Florida resident.
Now. regarding handgun sales vs. long gun sales. According to 18 USC 922 (b), a handgun must be purchased from a dealer (or private party) in the same state of residence as the purchaser. IE: NO out of state handgun purchases, period.
According to 18 USC 922(b)(3) as amended in 1984, a long gun may be purchased from an FFL in any state so long as the purchaser's and seller's state laws do not specifically prohibited the sale. All the "contiguous state" requirements went away in the 1984 ammendment.
So, the bottom line is, if you are not present in Florida with the intent of making Florida a home for at least part of the year, you are not, legally, a Florida resident, regardless of property ownership. If you meet the residency criteria, but you cannot prove it to an FFL by a combination of documents, then that FFL will not sell a handgun to you.
Even if you are a Florida resident by legal definition, but you have Indiana state ID and none else, you can still buy long guns in Florida, from dealers, due to the out of state long gun purchase exception in 18 USC 922 (b)(3).
I have no idea what change in law the Bass Pro guy is talking about in November 2008. It certainly was not any changes to the Federal law posted above. But, hey, if the Bass Pro FFL is willing to sell you what you want, based on what ID they ask for, that's entirely on them, regardless of the legality of the transaction. If it is an illegal transaction, but you do not lie on any form or present any false ID, then the penalties for an illegal transaction are on them...not you.