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Handgun Ownership in Florida

Discussion in 'Legal' started by o Unforgiven o, Jul 19, 2010.

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  1. o Unforgiven o

    o Unforgiven o Member

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    This is my first post here but I have been reading this forum for a couple years now and I finally have something to ask.

    I was reading in an older thread from 2007 from someone asking if he sell his handgun in a private transaction to a 19 year old. While there I came across a post that said a parent can gift a handgun to their son/daughter once they were 18, and that private sale of a handgun to someone over 18 but not yet 21 is legal in the state of florida. That thread is old now and I am looking for current clarification.

    So in a nutshell, once I am 18 (17 now) can my parents give me a handgun as a gift, and/or can I purchase one in a private transaction?

    I don't want to carry it or anything just to use and have on our property.

    -Evan
     
  2. LegalAlien

    LegalAlien Member

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    Not to copyright infringe on an Obama slogan . . . . but . .

    YES YOU CAN!!

    Your parents can gift you a gun, or you can buy one in a private transaction (seller willing obviously) and can have it at home.

    Can only start carrying (with proper approval from the gubmint) at 21.
     
  3. o Unforgiven o

    o Unforgiven o Member

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    Thank you for your quick reply.

    So will the gun then once gifted legally be owned by me. As in if for some reason the police came and found it I would be the legal owner?
     
  4. brboyer

    brboyer Member

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    If it's yours, then yes, you are the legal owner, not sure what you mean since there is no form of registration in Florida - no need to prove ownership.

    Also, at 18, you can 'carry' it in the car glove box or center console (also in a gun case, backpack, etc) no need for a license.
     
  5. o Unforgiven o

    o Unforgiven o Member

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    Ok, thanks for the help guys.

    -Evan
     
  6. o Unforgiven o

    o Unforgiven o Member

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    Just a couple more things, can anyone post the part of the law that makes this legal?

    How would the whole gift thing play out? I heard mention of something about an adult buying a handgun with the intent of selling it to a 19 year old who can't purchase from a FFL would be a straw purchase. Thoughts on that?
     
  7. Sam1911

    Sam1911 Moderator Emeritus

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    Well, generally here in the good old US of A we have laws that make specific things illegal but any thing not specifically prohibited is legal. In other words, it can be hard to find a law that tells you "you may do THIS," because our laws can't grant us rights, they can only restrict them.

    In your case, you're going to look for where the law says that someone under a certain age CAN'T possess/own/purchase, etc. In FL, that number is 18.

    http://www.opencarry.org/fl.html
    http://www.handgunlaw.us/states/florida.pdf
    http://www.nraila.org/statelawpdfs/FLSL.pdf
     
  8. NavyLCDR

    NavyLCDR member

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    http://www.leg.state.fl.us/statutes....HTM&Title=->2009->Ch0790->Section 17#0790.17

    Federal law, 18 USC 922 (x):
    http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000922----000-.html

     
  9. NavyLCDR

    NavyLCDR member

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    1. Somebody buys a gun with their own money, they fill out the forms, they get the background check done on themselves, it's their gun. They give their gun to you. That's a gift and legal.

    2. You give someone money to buy a gun with. They buy the gun with your money. They fill the forms out, they get the background check done on themselves, it's your gun because it was your money they bought it with. They give you the gun. That is a straw purchase and illegal. It doesn't matter if you are the Pope, it would still be a straw purchase and illegal.
     
  10. pikid89

    pikid89 Member

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  11. o Unforgiven o

    o Unforgiven o Member

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    Sam, yeah I was thinking it would be like that and thanks for the links.

    NavyLT, Thank you for those. Exactly what I was looking for.

    pikid89, Thanks for those links man.
     
  12. FlaChef

    FlaChef Member

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    Last edited: Jul 26, 2010
  13. CHEVELLE427

    CHEVELLE427 Member

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    my mom bought me my first hand gun when i was 18 (35 years ago) down side is you couldn't have it out by yourself without someone over 21.
     
  14. sig228

    sig228 Member

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    Please let me clarify this as I have done in the past .

    Florida Law says (I can give you the exact reference if you like):

    The gun has to be EITHER securely encased (defined below) ***OR*** not readily accessible.

    "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

    So, you can keep a loaded gun in your center console if it has a lid and be perfectly legal.

    BTW, side issue just in case some of you are wondering:THERE IS NO SUCH THING AS THE THREE STEP RULE in Florida. That mis-information has persisted for years.

    Also, brboyer, be careful. A backpack is not a zippered gun case and will get you arrested for concealed carry if you don't have a permit.
     
  15. brboyer

    brboyer Member

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    A purse or backpack qualifies: "or in a closed box or container which requires a lid or cover to be opened for access"

    Any opaque, closed container qualifies if it has some form of zippered, snapped or otherwise secured lid.

    ETA: Heck, a shoe box is OK!
     
    Last edited: Jul 28, 2010
  16. mustang_steve

    mustang_steve Member

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    I would make sure the storage method is separate from where your car/truck's papers are kept. This will prevent a potentially endangering situation provided you ever get pulled over.
     
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