Private party handgun sale in Florida - Age requirements?

[KI4LIV]

I have a 19 year old interested in purchasing a handgun from me. This would be a 100% private party sale in the state of Florida.

Without claiming to be a street lawyer, something in my head says that there is something illegal about this. Isn't the requirement 21????

Can anyone advise me of a Florida statute or federal law that would prohibit this sale? No way in hell am I about to do something unlawful and land in prison!

Thanks so much in advance!!!

 

[Chad]

A private party handgun sale is legal to anyone 18 yrs or older in Florida.
An FFL cannot sell to anyone under 21.
There is no specific mention that I could find in Fl statutes, but there are a few mentions of penalties for selling to sombody under 18.

http://www.leg.state.fl.us/Statutes...tm&StatuteYear=2006&Title=->2006->Chapter 790

 

[KI4LIV]

Something odd about that though - you must be 21 to purchase handgun ammo... Still leaves me questioning it a little.

 

[ingram]

Guy will undoubtedly claim ammo is for a carbine....

 

[Chad]

It's difficult to determine.

One thing to take note of is the last section of 790.25 Lawful ownership, possession, and use of firearms and other weapons.--

(5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

According to Jon Gutmacher's book Florida Firearms: Law, Use & Ownership:
"Both Florida and Federal laws are primarily aimed at sales made by licensed firearms dealers to private citizens. This leaves a few loopholes when the sale is strictly between private persons...
Under Florida and Federal law, any citizen of the age of 18 years, or more, who is not under some legal disability, may possess or own a handgun, rifle or shotgun."

Personally I would have no misgivings selling a handgun to a 19 year old, provided he or she provided proof of age and Florida residence.

Also, I highly recommend Jon Gutmacher's book Florida Firearms: Law, Use & Ownership to any Florida Resident.

 

[SniperStraz]

I can't vouch for Fla. but the same rules apply in GA so it doesn't sound very far fetched to me so long as you don't have an FFL.

 

[KI4LIV]

Ingram,

I've seen 18 and 19 year old try to pull that over at Walmart - good luck buying handgun ammo there if you're under 21! I can see your point completely though - there are many 9mm and 40S&W carbines out there - and a handful of 45ACP ones as well, which by the way are all considered long guns.

So... I think that ammo sales law needs to be revisited.

But..

I guess I will be calling my FFL today and get their feedback and thoughts.

 

[coltrane679]

The answer is "18".

See page 21 of this book, which is in many Florida gun shops (and some book stores):

http://www.floridafirearmslaw.com/indexbook.shtml

 

[Chad]

The answer is "18".

See page 21 of this book, which is in many Florida gun shops (and some book stores):

http://www.floridafirearmslaw.com/indexbook.shtml

I've wondered...in Gutmacher's book, both the part I quoted above from page 21 and the following paragraph on the same page qualify the statement with 'may', as in "...it may still be legal for you to purchase...as long as you're at least 18 years of age..."

It seems as if it's enough of a gray area that even Mr. Gutmacher isn't sure enough to give a definitive answer.

Taking everything into consideration, I believe it is apparent that it is legal for a private party to sell a handgun to someone 18 or older.

It would be nice if Florida statutes spelled it out in a clearer fashion.

 

[coltrane679]

Respectfully, Chad, I don't think you talk to lawyers enough (that is a good thing!)

Mr. Gutmacher is clearly using "may" as layman use "can", not in the sense of "maybe" or "might be".

Compare definitions 1(b) and 1(c):

http://www.m-w.com/cgi-bin/dictionary?sourceid=Mozilla-search&va=may

 

[Wes Janson]

I'm 19, live in Florida, and know a little bit about the law. Gutmacher makes it clear that the age limit for private sales is 18, but it is indeed impossible to buy handgun ammunition until 21. If the weapon is something like a Kel-Tec PLR-16, then clerks probably would sell the ammo without questioning it (which would possibly be a violation on their part, not sure), but the flip side of it is that those of us with pistol-caliber carbines under the age of 21 are pretty well screwed. A few take up reloading, but most just simply get parents or friends to buy them ammo. To the best of my knowledge, there's no prohibition against the straw purchase of ammunition (please correct me if I'm wrong).

 

[Chad]

Respectfully, Chad, I don't think you talk to lawyers enough (that is a good thing!)

Mr. Gutmacher is clearly using "may" as layman use "can", not in the sense of "maybe" or "might be".

Compare definitions 1(b) and 1(c):

http://www.m-w.com/cgi-bin/dictionar...-search&va=may

You may be correct.
That is the way I believe it to be and so act accordingly.

I raised the question because I'm not 100% sure...and it's a curiosity.

 

[MikeFL86]

It's 18. Parents can also give their 18 year olds handguns as gifts as long as they are not felons, adjudicated mentally deficient, etc.

Also, what are you on? You can order handgun ammo off CheaperThanDirt and Sportsman's Guide, no questions asked.

 

[Chad]

Also, what are you on? You can order handgun ammo off CheaperThanDirt and Sportsman's Guide, no questions asked.

Actually, that's not true. They may sometimes be lax in checking, and UPS may not always wait for the required signature(my UPS guy never does, just leaves it at the door)but the age requirements do exist.

Cheaper than dirt
Do I need a special license to buy from Cheaper Than Dirt?
No. Most of our products are intended for adult use, and buyers must be at least 21. With some products, such as ammunition, a waiver and age statement may be required.

Sportsman's Guide
A person placing an order for such items on this website warrants that he or she is an adult and is under no legal restrictions which would prohibit such person from ordering, owning, possessing, or transferring these items under applicable federal, state or local law. Further, these items cannot be sold to minors, convicted felons, those convicted of a misdemeanor crime of domestic abuse or those chemically dependent. For ammo and black powder orders, a person warrants that he or she is at least 21 years of age.