pistol at 18 in florida help!

[F3RR3T]

o i am 18 and am currently jumping through hoops for 1 sbr. and well i have found a few pistols that i would like to add to my gun collection.

a beretta px4 9mm and a colt combat commander in 38 super.

you have be 21 to buy/carry a pistol. i have been told as long as i am gifted the pistol by my father or grandparent it is mine i own it. and can shoot it on my property defend my home and transport to the range also.

is there any truth to this or am i dreaming.

 

[tsidorus]

I remember hearing the same thing growing up in Florida. Really though without doing the research in the Florida statutes yourself or talking to a lawyer I wouldn't trust anything said on an internet forum to keep me out of jail.

-Tsi

 

[nwilliams]

Talking to a lawyer might be a good idea like tsidorus said.

However you could probably go down to your local PD and ask there and it wouldn't cost you anything. There also might be contact numbers available for your State or local law enforcement that you could call and ask.

I would certainly cover all the bases before jumping into anything, the last thing you want is faulty information that could cost you your gun rights down the line after you turn 21.

I feel for you, I remember back when I was 18 and wanted nothing more than to own a handgun. Unfortunately I came from a anti-gun family so I had to wait until I turned 21 and moved out of my parents house before I could buy my first.

 

[sig228]

I remember hearing the same thing growing up in Florida. Really though without doing the research in the Florida statutes yourself or talking to a lawyer I wouldn't trust anything said on an internet forum to keep me out of jail.

LOL... that is so true....

Anyway, get yourself the Florida Firearms book by Jon Gutmacher, Esq.

Basically, in Florida, although you can't buy a handgun from a FFL until you turn 21, (nor can you cc until 21), once you're 18, you can legally acquire a handgun through gift or purchase from a private party, presuming you have no other disqualifications - mental issues, criminal, etc.

Here's the catch: try buying hangun ammo.....you can't until you are 21.

And if you misrepresent - buy 22lr for your "rifle" and use in in your 22 handgun, you are committing a federal felony.

Good Luck!!!!!

 

[F3RR3T]

ill throw them in the safe and be done. basically i just want to find out if im within my right to do that

 

[sig226]

You're essentially correct. Anyone can give it to you, it does not have to come from a family member.

You get into problems when it isn't really a gift. That's when you "give" dad $650 and he "gives" you a Beretta.

You can purchase handguns from a private seller when you're 18 in Florida. The difference is the federal law that regulates gun dealers. So if you find someone at a Florida gun show who is selling what you want, he can legally sell it to you. One warning: both persons must be residents of the same state. That's another federal law.

 

[RP86]

+1 on getting Gutmacher's book. Here's a link, he's also normally at the Orlando Gun Shows: http://www.floridafirearmslaw.com/mm5/merchant.mvc?Screen=CTGY&Store_Code=FFL&Category_Code=Florida-Firearms-Law-Use-And-Ownership-Info

Yes legally the pistol can be gifted to you, with no necessary FFL or paperwork. Ammunition shouldn't be a huge problem for you, since I read your thread in the reloading section of the forum. Once you have the brass it's all good from there.

 

[Packman]

I feel your pain, pardner.

790.18 Sale or transfer of arms to minors by dealers.--It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, slungshot, or electric weapon or device.

The answers to any questions you might have about Florida Law may be found here, if you just look in the right places.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%20790

Here's the pertinent part in Federal law:

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html

Basically, In Florida, you're OK if it was a gift, or if you purchased it from someone who was NOT a licensed dealer.

Now, here's an interesting dilemma for those in the know....Can you buy a pistol from a licensed dealer who is not acting as a dealer in the sale? basically, can I buy a dealer's personal pistol, being between 18 and 21 (we'll leave out just where between.)?

Packman

 

[Brian Williams]

Call your local Police dept and ask for one of the Detectives, not just any desk clerk. Also check with a local FFL. Federally you can own a handgun or rifle that has been bequeathed to you at just about any age. But you can purchase a handgun or rifle from a private party at age 18.

 

[buy guns]

This isn't rocket science guys. The law says you can own any gun at 18, you just have to be 21 to buy a handgun new from a dealer. At 18 you can buy one used from someone who isn't a dealer or it can be gifted to you.

 

[Black Adder LXX]

Old enough to die in a war, too young to buy a pistol...

 

[joab]

New or used has nothing to do with it
If the seller is an FFL he can't sell it to you

I have asked a cop

My son was home invaded when he was 18
The responding cop suggested that he get a gun for HD

In front of the cop my son asked if he could have one of mine and I told him that all I had with me was handguns
The officer told us that as long as he was 18 it was legal for him to own a handgun he just couldn't buy one at a store
I went to my truck and pulled out a ,38 and handed it to him in front of the cop

My only complaint was that he told my son that that was good enough for now but he would want to get a real gun in the future
That somehow turned into a half hour debate between me and the cop over Glock vs 1911s and 9mm vs .45

 

[raytracer]

Police are charged with enforcing the law and while they should know the statutes they enforce, they sometimes have a... well, to keep it on the High Road, we'll call it an imperfect understanding of those statutes.

From the lowliest beat cop to the Chief of Detectives, their mission and mandate has absolutely nothing to do with giving out legal opinions, and any opinion you might recieve would be of no value in court. Just try mounting the "Officer Krupke said I could" defense in a felony trial and see how far it gets you.

If you want to base your actions on an interpretation of the law, get that opinion from the Attorney General of the state whose statutes you might find yourself crossthreaded with. Get it in writing. This is still no guarantee that you won't find yourself in court over it, but it's your best basis for a defense.

Here in Missouri, until last year, purchase of a "concealable firearm" required a permit from the county Sheriff and was only available to those 21 and over, and our CCW was only issued to those of at least 23 years of age - although we recognize all other states' permits regardless of residency.

A bunch of "gunforum lawyers" figured out that this didn't apply to C&R firearms so only the federal law of "18 years old, gift or private purchase" was relevant. Also, a Maine non-resident CCW permit could be obtained at 18 years old. So... in theory, Billy Bob Highschoolsenior could, legally, obtain and carry concealed a Broomhandle Mauser.

In practice however, the first time he got "Terry Frisked" Billy Bob would be taking a ride to the Grey Bar Inn. About the only thing that could be counted on to lubricate his almost certain passage though the legal system would be a signed and dated affirmative opinion from the AG, assuming one could be had.

All this to say; be very careful with the legal aspects of the shooting sports at your age. Just because an act may be technically legal, doesn't mean it still won't cause you a world of trouble. If your actions are righteous, you shouldn't have to worry about any long term ill effects, but anytime you have to disprove your guilt... er... I mean, confirm your presumed innocence, it usually takes a bucket full of cash.

Shoot well and be safe,
Joe

 

[F3RR3T]

lil up date here.

i sold my model 94 and a a mossy 500 and put up a lil cash and bought a kimber 1911. (ftf sale)

anyway i am now delivering pizza. and quite frankly this job worries me. i need some sort way to protect myself in my vehicle whether it be the kimber or a rifle.

whatever it is i need help doing it legally

any ideas?

 

[Packman]

sure. In fl, you can leave the kimber in your car, "securely encased" and ready to go. the catch? It's in the car, and I'd bet your greatest danger is when you're not in the car. Bit of a catch-22 there. I don't think there's any way for you to bring it out of the car in that capacity, at least none I know of.

Stay safe.

 

[F3RR3T]

its kinda concerning i had a instance the other night when i jumped in my car and hauled @ss.

i was in Kentucky this past week the open carry at 18 was nice.

 

[markk]

any ideas?

Now I don't say this to be nasty or anything but a great idea would be to read the laws and stop taking advice over the internet. Here is a link to Florida's Gun Laws, they are really quite clear if you take the time to read them.
Stay safe.

 

[F3RR3T]

would love to read through them. but for some reason i cant get the site to load. firefox tells me there is a script error

 

[Packman]

Odd, firefox loads them fine for me. If you have to, check the local library, they should have a copy in book form, which is cool in itself.

To me, anyway. I'd actually like to have a book version. maybe when they update their copies.

 

[markk]

Google "Florida Ch. 790" I'm sure you can find a site that will load. Also, if you get an application for a CWP from the Fl. DOA or a gun shop it includes chapter 790 in it's entirety.

 

[F3RR3T]

thank you i founf the chapter on google

 

[markk]

You are very welcome.
Be smart and stay safe...

 

[joab]

You are not going to be able to carry on your person
You can leave it loaded in the glove box, it doesn't have to be in a holster
Carry pepper spray with you in your jacket pocket (check first with 790)
Carry a common pocket knife in your jacket pocket

Always wear a jacket (windbreaker), the pockets are easier to get to, especially when your hands are full of pizza

 

[F3RR3T]

hmm ill have to look into having it in the glove box. didnt think i could at 18

 

[joab]

Also be sure to keep your DL and vehicle paperwork in a separate area that will allow you to have it out when the officer gets to your window if you are pulled over.
A visor caddy is best that way he can see your hands when you are looking for the paperwork

Have nothing in the car that says gun
Florida does not require that you notify the officer that you have a gun unless he asks
Try not to give him a reason to ask
You may get a cop that doesn't know the law or dos and doesn't agree with it
Why stretch a five minute ticket into a half hour missed delivery