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Florida Property Owner Gun Purchase?
- Thread starter rsax
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deadin
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TITLE 27 CFR CHAPTER II
PART 478.29, 29a and 30 pretty well covers it.
You may be able to read a loop-hole into it but I will leave it up to you to prove it in court.
PART 478.29, 29a and 30 pretty well covers it.
You may be able to read a loop-hole into it but I will leave it up to you to prove it in court.
divemedic
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There is no loophole, except that the CFR says that if you MAINTAIN a home in a state, you are considered to be a resident of that state during the time that you are staying in the home that you maintain. Since we here in Florida have a large snowbird population, that covers them quite well. (27CFR478.11)
The question would be what does it mean to maintain a home? The CFR gives some guidance on that. It specifically says that a person who owns property (like a hunting cabin) is not maintaining a home. Likewise, renting a timeshare would not be maintaining a home. The CFR does say that a person who has a home that he only stays in on the weekends and the summer would be a resident during the time he is in that vacation home, therefore a person in the situation described by the OP would not be breaking the law by purchasing a handgun or a long gun while he is here, whether that is face to face, or through a dealer, as the regulation clearly considers him to be a resident.
The problem comes when you go to prove your residency to the dealer. The regulation states that the proof of residency must be a government issued identification that has your name, DOB, and address on it, or any combination of government issued documents that state those items of information. In the OP's case, a DL from his other state and a tax notice from the tax assessor's office may be sufficient, but a state ID or CCw would be easiest and present the least hassle. Since you are not required to present such ID in a FTF transaction, you could do that legally without even having an ID, as long as you maintain a home in the state.
However, a state ID or CCw with a Florida address on it does not make you a resident, as you can obtain those without proving that you are a resident. Residency is the key.
The question would be what does it mean to maintain a home? The CFR gives some guidance on that. It specifically says that a person who owns property (like a hunting cabin) is not maintaining a home. Likewise, renting a timeshare would not be maintaining a home. The CFR does say that a person who has a home that he only stays in on the weekends and the summer would be a resident during the time he is in that vacation home, therefore a person in the situation described by the OP would not be breaking the law by purchasing a handgun or a long gun while he is here, whether that is face to face, or through a dealer, as the regulation clearly considers him to be a resident.
The problem comes when you go to prove your residency to the dealer. The regulation states that the proof of residency must be a government issued identification that has your name, DOB, and address on it, or any combination of government issued documents that state those items of information. In the OP's case, a DL from his other state and a tax notice from the tax assessor's office may be sufficient, but a state ID or CCw would be easiest and present the least hassle. Since you are not required to present such ID in a FTF transaction, you could do that legally without even having an ID, as long as you maintain a home in the state.
However, a state ID or CCw with a Florida address on it does not make you a resident, as you can obtain those without proving that you are a resident. Residency is the key.
NavyLCDR
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For what it's worth, divemedic is 100% correct. In fact it was divemedic about a year ago that set me straight that I couldn't buy a handgun in Wyoming just on my Wyoming drivers license and home of record status.
dogrunner
Member
Divemedic is dead on, plus that ccw for Florida for Mass. residents is dead wrong...........absent the criteria for a dual residency that ccw alone does NOT qualify one to purchase in this State. Additionally, a single ID just might not do it....after all it is the sellers descretion as to consumating a sale, if he has doubts, then you have a problem.
All you gotta do is look at the ATFE website for the answer.
All you gotta do is look at the ATFE website for the answer.
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