Gun as a gift in Florida

[missed again]

Our babysitter - a widow about 65 - was robbed in her home. They broke in while she was asleep and stole prescription medicines. She ask to borrow a gun in the event the BGs came back - they haven’t caught them and the local cops indicated that they may come back. I told her that I would rather give her a gun and bought her a new 38 special, took her to the range twice and insisted that she take the NRA weapons instructional program which she has done. She has also applied for a Florida conceal carry license.

My question is the gift of the gun. We know she isn’t a felon since we had her background checked before we hired her as a sitter for my son. My gun dealer told me to simply keep a record of the gift ( name, address, phone, serial number of the gun, etc.) in my files. Her instructor said she needed to register the gun?? I’ve never hear of that.

Who would she register with? Is there something I’m missing?

 

[damien]

She has to register it with New York State, the state her instructor is probably from. He's quoting law from somewhere else.

 

[kingpin008]

Agreed, the instructor doesn't know what he's talking about. I will admit that I'm not entirely familiar with FL CCW law, but I don't think they require that an individual "register" or list particular guns on CCW licenses. Maybe that's what he's (mistakenly) talking about?

 

[BADUNAME37]

I never heard of it either.

The fact that you have it all well-documented (you might want notarized signatures from both of you on the note showing it was a gift from you to her).

That way, if the BG DOES come back, the gun will not haunt you should she take the joik out.

I'm sure if she does, it will be a "no-brainer" (pun intended), however it is better to be safe than sorry.

 

[Rossshady120]

my mom gave me my handgun as a gift no paperwork required because im not 21 yet. look around in the fourms before posting this has bin done like 1,000 times along with "should i keep one in the chamber".

 

[dogrunner]

It is illegal, and a felony violation incurring a massive civil forfeiture as well, for any governmental agency to create or maintain a registry of firearms in the State of Florida.

There is and can be no such 'critter' here, less the statute changes.

As I recall, 790.335 (I believe) provides for up to two million in damages.

That so called "instructor" ought read the signs on I-95 pointing the way back to his promised land!

 

[Crazy Fingers]

There is no legal requirement for documentation of any kind. Unless you know or have reason to believe she is a convicted felon, of unsound mind, perpetrator of domestic violence, or otherwise barred from owning a gun, you can just give her the pistol and walk away. She is then the owner and what she does with it is her issue.

 

[Ed N.]

Dogrunner, it's not just gov't that can't create a registry. The statute reads,

(2) PROHIBITIONS.--No state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of such state or other governmental entity or any other person, public or private, shall knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.

Except for the records federal law requires FFLs to keep (i.e., 4473), any sort of firearms registry is flat out illegal in Florida. Just one of the things I love about my state.

Buy that instructor a copy of Gutmacher's book.

 

[NavyLCDR]

Can I come babysit for you?!?

 

[FLA2760]

This may answer some of your questions.


http://www.nraila.org/statelawpdfs/FLSL.pdf