Firearm Sale In Florida

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oldudbob

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I'm from NC and plan to travel to FL soon. While there I intend to sell a rifle and ammunition to a FL resident, who says he has a Florida CCW, in a private sale. What do I need to do paperwork wise to meet Florida's firearm sale laws? Any and all input will be appreciated.
 
Actually, since it is an interstate sale, I believe you will have to go through an FFL. Sorry. You could sell the ammo with no problem, though.
 
Correct. FTF (face-to-face) firearms sales are only legal between residents of the same state as per Federal law. You're going to have to go through a FFL on his end. (and possibly yours as well, if the buyer's FFL won't accept shipments from private citizens)
 
FedLaw says that all sales between people of different states of residence must have the transaction go through a holder of an FFL and do the 4473 paperwork and NICS enquiry. Since the buyer has a Florida CHL, SFAIK he's "pre-NICSed" and no phone call needed.
 
Art Eatman said:
FedLaw says that all sales between people of different states of residence must have the transaction go through a holder of an FFL and do the 4473 paperwork and NICS enquiry. Since the buyer has a Florida CHL, SFAIK he's "pre-NICSed" and no phone call needed.
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Incorrect. ALL FFL transfers to non-licensee's in Florida must have an NICS (FDLE) check performed.
 
brboyer said:
Incorrect. ALL FFL transfers to non-licensee's in Florida must have an NICS (FDLE) check performed.
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Which is a =good= idea in ANY state ... because the FFL involved has no way of knowing if the person with the CCW card has done anything since being issued that card that would make the card holder in-eligible.
 
mgkdrgn said:
Which is a =good= idea in ANY state ... because the FFL involved has no way of knowing if the person with the CCW card has done anything since being issued that card that would make the card holder in-eligible.
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No it's not a good idea. It is an infringement on our rights.
 
FedLaw says that all sales between people of different states of residence must have the transaction go through a holder of an FFL and do the 4473 paperwork and NICS enquiry. Since the buyer has a Florida CHL, SFAIK he's "pre-NICSed" and no phone call needed.
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The only thing the CHL does in the transaction is to exempt the buyer from any mandatory waiting period. Like brboyer said, it does not provide exemption from the nics check.
 
The only thing the CHL does in the transaction is to exempt the buyer from any mandatory waiting period. Like brboyer said, it does not provide exemption from the nics check.
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That's not the case everywhere. In GA, GFL (Georgia Firearms License) holders are exempt from NICS checks for the purchase of firearms.
 
My NICS statement holds true for those states where the Feds recognize the state's CHL requirements as being adequate. I'm surprised that they don't recognize Florida's. SFAIK, Florida is more stringent than Georgia for a CHL, and the Texas law was patterned after Florida's. Odd situation.
 
Thanks for all the information. I have decided not to go through with the sale. I will try and find a buyer here in NC.
 
Art Eatman said:
My NICS statement holds true for those states where the Feds recognize the state's CHL requirements as being adequate. I'm surprised that they don't recognize Florida's. SFAIK, Florida is more stringent than Georgia for a CHL, and the Texas law was patterned after Florida's. Odd situation.
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The issue is that our licenses are administered by the Division of Agriculture and Consumer Services, which is not a law enforcement agency agency as required to waive the NICS check.
 
brboyer said:
No it's not a good idea. It is an infringement on our rights.
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If you feel you need the "right" to sell a gun to a felon or wanted person ... you go right ahead.

I have the "right" to hang on to my FFL, continue to make a living, and not become a guest at the greybar hotel.
 
Please do not pretend to know me well enough to put words in my mouth!

The whole premise of even requiring FFL's, I believe is a violation of our constitutionally protected rights. Along with the blanket prohibition on 'Felons' possessing weapons, and most other gun control 'laws'.

If 'felons' are too dangerous to posses firearms, then they are too dangerous to be out of prison in the first place.
 
oldudbob said:
Thanks for all the information. I have decided not to go through with the sale. I will try and find a buyer here in NC.
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Why? All you have to do is meet the person at an FFL, give the gun to the FFL, the buyer gives you the money for the gun and gives the FFL the money for his fee and you're done.
 
Exactly, should be pretty simple transaction. Just go to a pawn shop that has a small inventory. Don't want the buyer to shop a big store:neener:
 
And both parties then commit felonies. The buyer violates 18 USC 922 (a)(3) and the seller violates 18 USC 922 (a)(5). The sale must go through an FFL.
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Thanks for the correction on that LT. I was asleep on that one.
 
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