Florida Handgun Laws

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pikid89

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So ive been wanting a handgun for a while, but im only 20 years old

I live in south florida and i own several long guns of my own.

from what i know of the laws,

this is what ive gatherd

a. It is illegal for a FFL holder to transfer a handgun to anyone under 21

b. It is illegal for anyone to sell handgun caliber ammo to be used in a handgun to anyone under 21

c. you need to be 21 to utilize a CCW permit


that said

is there any laws that keep me from buying a used gun FTF from someone (like in the newspaper classifieds)?

is there any law that keeps me from keeping a handgun under the seat of my truck / if it is legal, what is the required method of storage in a vehicle if without a CCW (loaded, unloaded, ammo and gun separated)

any information would be very helpful / maybe someone in my general geographic area would like to cut a handgun newb (kind of... ive used my dads handguns) a deal on a used gun/ dust collector lol
 
pikid89 said:
So ive been wanting a handgun for a while, but im only 20 years old

I live in south florida and i own several long guns of my own.

from what i know of the laws,

this is what ive gatherd

a. It is illegal for a FFL holder to transfer a handgun to anyone under 21

b. It is illegal for anyone to sell handgun caliber ammo to be used in a handgun to anyone under 21

c. you need to be 21 to utilize a CCW permit


that said

is there any laws that keep me from buying a used gun FTF from someone (like in the newspaper classifieds)? Only if you are otherwise prohibited: Felon (without rights restored); mentally defective; etc.

is there any law that keeps me from keeping a handgun under the seat of my truck / if it is legal, what is the required method of storage in a vehicle if without a CCW (loaded, unloaded, ammo and gun separated) Legal (loaded, unloaded does not matter) with limitations, but under the seat is problematic for many reasons: Traffic crash is one of the biggies, it will be flying around. Glove-box or center console is much better. In any case - anyone 18 or older (not otherwise prohibited) may keep a handgun in their vehicle if it is "securely encased" OR "Not available for immediate use. See Florida Statutes 790.25(5) and the definitions in 790.001

any information would be very helpful / maybe someone in my general geographic area would like to cut a handgun newb (kind of... ive used my dads handguns) a deal on a used gun/ dust collector lol
Click to expand...

Answers above.
 
Here's a good summary from the NRA:

http://www.nraila.org/GunLaws/#?st=FL

Click on Florida to open up a pdf file.

As brboyer pointed out, "securely cased" is a definition of its own, check his reference. One thing its not though (securely encased), is "under the seat of your truck." That will get you in trouble.

Regarding buying from a private individual, good luck on that. Most private sellers I know won't even sell to someone without a cwp. If you do find someone wiliing to sell though, be careful. Showing up to a deal with several hundred dollars of cash and "no gun" is something you need to think about.

Good luck, be safe.
 
One thing its not though (securely encased), is "under the seat of your truck." That will get you in trouble.
Click to expand...

but if i keep it loaded in the center console of my truck its all good then?

Showing up to a deal with several hundred dollars of cash and "no gun" is something you need to think about.
Click to expand...

That is a good point..i will bring a friend with a gun/ a cop friend with a gun
 
If the individual selling the firearm(handgun) sells it to a person under the age of 21 that person commits a felony...most people know this, so be careful.

Also, if a person under the age of 21 tries to purchase a handgun, that person commits a felony upon taking possession of the handgun or upon compensation being
exchanged.IIRC

Be careful...the ATF lurkith! Waiting to pounce on the unwearied!

If you have a concealed weapon in your vehicle and you DO NOT HAVE a concealed weapon permit, this weapon must be securely cased, and NOT accessible to the driver or ANY occupants of the vehicle AND the ammunition for this weapon MUST be in a compartment OTHER than the same compartment the firearm is in.

This is all from memory, which eludes me in this day and at this age, so I am not offering any legal advice and you should not assume this.

Best thing to do is look up the law as mentioned in the above posts.

Also, you have the various local and state level laws to deal with...
 
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Uncle Mike said:
If the individual selling the firearm(handgun) sells it to a person under the age of 21 that person commits a felony...most people know this, so be careful.

Also, if a person under the age of 21 tries to purchase a handgun, that person commits a felony upon taking possession of the handgun or upon compisation being
exchanged.IIRC
Click to expand...

Really?!? :scrutiny:

Post the statute making it illegal for a private party sale in Florida. Go ahead, I double dog dare you.
 
Here, let me help you, Uncle Mike,
Federal law, 18 USC 922 (b)(1):
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;
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THE ABOVE ONLY APPLIES TO LICENSED DEALERS, not to private sales.

18 USC 922(x):
(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
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The above applies to private parties and THE AGE LIMIT IS 18 not 21.

Florida law, Title XLVI, Chapter 790.17:
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC17.HTM&Title=->2009->Ch0790->Section%2017#0790.17

790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.--

(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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The Florida statute above sets the age limit for private party sales/transfers of any firearm (handgun/rifle) at 18.

I rest my case, Uncle Mike, please make yours.
 
CigarGuy got it right. Buy the book, read it cover to cover, then read it again like I did. I only give legal advice to myself.
 
Your right!

I was hung up on the FFL side of it, that is what we deal in.

As the law 790.17 states, under 18...no, over 18 yes...?

ATF will argue this but, if it's law...it's law.

I stand corrected, Thank you NavyLT.... but, try the decaf. lol
 
ATF will argue this but, if it's law...it's law.
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The ATF acknowledges that private handgun sales are legal to 18 to 20 year olds if allowed by state law.

Sorry if I came off too strong in my earlier post.
 
OMG...Talk about being MIS informed

If the individual selling the firearm(handgun) sells it to a person under the age of 21 that person commits a felony...most people know this, so be careful.

Also, if a person under the age of 21 tries to purchase a handgun, that person commits a felony upon taking possession of the handgun or upon compensation being
exchanged.IIRC

Be careful...the ATF lurkith! Waiting to pounce on the unwearied!

If you have a concealed weapon in your vehicle and you DO NOT HAVE a concealed weapon permit, this weapon must be securely cased, and NOT accessible to the driver or ANY occupants of the vehicle AND the ammunition for this weapon MUST be in a compartment OTHER than the same compartment the firearm is in.
Click to expand...


Holy cow man, your not even CLOSE to being correct with your info. :eek:

STEP AWAY FROM THE KEYBOARD....please.
 
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Holy cow man, your not even CLOSE to being correct with your info.

STEP AWAY FROM THE KEYBOARD....please.
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He said he was mistaken, geez, cut the guy a break!

And, Uncle Mike, drinking decaf is like carrying an unloaded gun.... what's the point? :D
 
Come on, just a little sarcasm here. Trust me, I have misquoted things before. No one's perfect. But it IS a good example of why we should all take advice on these internet forums with a grain of salt.
 
Yup...it happens, and uh....I hate decaf also.lol

Often times we get into a mindset, we have so many scams that try to get by here at the shop... we're constantly being drilled on the regs. as they apply to the FFL's, since we do no private sales...my bad, should have read the op better. hehehehe

But in reality, don't you think it's a rather stupid law...?

Why the FFL must adhere to the 21 years of age requirement when an individual can purchase private sale on his 19th birthday is beyond me.

Well, nobody said all law was sensible!

Again, thanx for the correction!
 
Whens your 21st birthday? might just be easier and safer to just wait, seeing you're already 20, why take a possible risk if its just a few more months?
 
well actually i turn 20 in 10 days so id rather not wait another year

so id really like a glock, does anyone here in south florida want to get rid of one for cheap? lol
 
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Why the FFL must adhere to the 21 years of age requirement when an individual can purchase private sale on his 19th birthday is beyond me.
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18. 18!!!! The rule is 18!!!!!! Not 19. :banghead:

BTW, I agree the FFL rule is silly. But then again, so are many other restrictions on people who are not 21 yet.
 
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