Gifting A Handgun In FL

[SN13]

I live in Florida, and was wondering if there was anything illegal with gifting a handgun to my buddy for a wedding gift.

I'm 100% sure he's able to own firearms and he's not a felon etc. He doesn't even drink...

Is there anything that I need to do to gift it to him Face to Face? He really wants an XD in 9mm but can't afford one, and I was going to look for a used one and buy it & give it to him as a gift.

Anything I should know before I carry this out?

 

[dogmush]

Nope, I did the same thing this winter for a friend. As long as you give it to him, and don't take money you're fine.

Although, in hindsight, you might want to mention it to the bride before hand, so she's not surprised.

 

[SN13]

LOL

I asked them where they were registered... They said "Bed, Bath, and Beyond"..... I said "Would it be alright if I got him something more manly than bedding & bath wares?"

She said "sure" but maybe she thinks grill, or powertools... I'm thinking more practical

 

[XDKingslayer]

It's easier to ask for forgiveness than it is permission...

 

[FCFC]

Is the friend who will get the gun a Florida resident?

 

[xsquidgator]

I once was concerned about a firearm gift and not running afoul of laws against 'straw' purchases. Gifting a firearm to someone (who's ok to own a firearm etc) is ok, buying a firearm for someone is not. It's considered buying a firearm for someone if you use their money to buy the gun for them, that's what is illegal.

 

[Solo Flyer]

I'm 100% sure he's able to own firearms and he's not a felon etc. He doesn't even drink...

If all the above is correct and he is of age and you are both Florida residents,gift away.
A very fine gesture on your part.

 

[j-easy]

ok how about this scenario. in Florida you can legally own or buy at handgun at 18, but you have to be 21 to buy from a FLL. (the only reason i can't buy a gun from a FFL is age, i have clean record etc.) so could my father buy a handgun and then i buy it from him? i guess what im saying is what exactly defines a straw purchase, does he need to own it for a certain time period?

stupid florida law, i can go buy as many handguns i want from individuals and do no background checks, but i cant buy one from a FFL, which would have me do a 3 day wait, background check and all the other safety precautions.

 

[Solo Flyer]

ok how about this scenario. in Florida you can legally own or buy at handgun at 18, but you have to be 21 to buy from a FLL. (the only reason i can't buy a gun from a FFL is age, i have clean record etc.) so could my father buy a handgun and then i buy it from him? i guess what im saying is what exactly defines a straw purchase, does he need to own it for a certain time period?

Jon Gutmacher,Florida's premier firearms attorney says this:
'As long as you are 18 years of age or older,you may legally purchase a handgun from a private owner.You do not need to ask your parents permission.
You may receive it as a gift.There may be a problem with having somebody else buy it for you from a licensed dealer,although you could receive it as a gift.'
Even Gutmacher's feels this is a grey area. But in a footnote he feels that as long as you are 18 your dad can buy from a FFL and gift the handgun to you.

 

[FCFC]

....you have to be 21 to buy from a FLL....stupid florida law..

It's a federal requirement.

...i can go buy as many handguns i want from individuals and do no background checks, but i cant buy one from a FFL, which would have me do a 3 day wait, background check and all the other safety precautions.

It's kind of a loophole that an 18 year old can legally buy a handgun other than from an FFL. Just overlapping regulatory provisions that don't overlap precisely...

Anyway, it's really not all that easy for an 18 year-old to buy a gun from a private seller (non-FFL). First, a lot of gun sellers think (erroneously) that it is illegal. Second, even when private sellers (non-FFL) know it's OK, they decline to sell a handgun to an 18-20 year old simply based on their own principles. I would be in the latter group. The federal requirement on age is pretty reasonable. I could envision a case to make an exception (i.e., sell to some 19 or 20 year old soldier who has served in combat overseas or something) but it would have to be really a very exceptional case. It's not gonna happen.