Handgun Ownership in Florida

[o Unforgiven o]

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

 

[LegalAlien]

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.

 

[o Unforgiven o]

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?

 

[brboyer]

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?

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.

 

[o Unforgiven o]

Ok, thanks for the help guys.

-Evan

 

[o Unforgiven o]

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?

 

[Sam1911]

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

 

[NavyLCDR]

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

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

(b) The parent or guardian must maintain possession of the firearm except pursuant to s. 790.22.

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

(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.

 

[NavyLCDR]

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?

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.

 

[pikid89]

i started a thread like that a while back and have since bought a Glock 19...and do regularly keep it "not immediately accessible" in my truck as specified in FL

a good spot to find sellers that understand the law and will sell to 18+ citizens is http://floridaguntrader.com/

a good resource for FL gun owners is this book

http://www.floridafirearmslaw.com/p/Florida-Firearms-Law-Use-Ownership-Book.html

while not legal advice by any means, it is a handy reference

 

[o Unforgiven o]

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.

 

[FlaChef]

+1 for the book:
http://www.floridafirearmslaw.com/p/Florida-Firearms-Law-Use-Ownership-Book.html
There is a reason every gunshop I've ever been to in FL always stocks it.
Many people i know keep it in the car in case they need to prove some point to an officer that the officer might be, shall we say, "fuzzy" on (like the mythical 3 step rule).,

 

[CHEVELLE427]

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.

 

[sig228]

i started a thread like that a while back and have since bought a Glock 19...and do regularly keep it "not immediately accessible" in my truck as specified in FL

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.

 

[brboyer]

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.

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!

 

[mustang_steve]

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.