Florida Concealed Carry banner

Long gun purchase FROM a non resident

8K views 19 replies 9 participants last post by  GuinnessSynd 
#1 ·
OK, I know a non resident cannot buy a gun in Florida.

My question is, if someone lives in Florida part time, and legally owns a long gun. Can I legally buy that long gun from the non-resident without going through an FFL.

The non-resident is my father, not that it has any basis in law.

Again, we are talking LONG GUN here, not handgun.
 
#4 ·
You keep bringing that up, but i am sorry, it is poor advice.
I am going to make it a point to try and find a law or case law where this made no difference in a case.

Any gun shop or FFL will tell you, no state id, no sale regardless if you own property in the state your trying to buy the gun in. Your residency is determined by the state on your idea. Florida, among other states, has done away with dual residency post 9/11. You used to be able to get non resident ID here, you cant anymore. No ID for the state you are trying to buy a handgun in, no immediate sale. A FFL has to take possession, transfer it to you and ship it to a FFL in your state of residency. If its a long gun, FFL transfer needed but you can take possession of it among the FFL completion and walk out.
 
#3 ·
Technically, no.

Family is not exempt from the FFL transfer of a long gun sale regarding non residents.
 
#8 ·
I was in the Fl Gun Exchange last week and overheard a conversation between customer and salesman. There was no way the transaction was going to take place and the customer walk out with the firearm since he was not a resident. FGE would contact the customers home FFL, get proof of license and then ship the gun there. The gun had to be paid for at the receiving FFL's place of business. Then it would be released. I just don't recall if they were speaking about a long gun or pistol. I think it was a long gun.(?)
 
#15 ·
That is the process for a hand gun.
If it was a long gun, legally, the buyer could have walked out with it after the FFL transfer.
Handguns have to be shipped to the buyers state of residence when a FFL to a non resident of the state of sale takes place.
 
#9 ·
Gee, I dunno guys. Maybe because his dad selling him the gun privately is a felony. An FFL is required by law to sell a long gun to a non-resident.

Do whatever you want in your lives but the OP is asking for legal advice. Keep your recommendations of breaking the law to yourself.
 
#11 ·
Sorry Lyden, the op is asking for advice in the legal section and we're all trying to give him direction as best we're able. However just blanketly claiming it to be illegal without being able to substantiate such a claim does not progress the discussion. Once again however if someone is unsure of the legality of a transaction they simply shouldn't do it.
 
#19 ·
Sorry Lynden -

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

source: http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-purchase
 
#20 ·
i was told a non resident can purchase a long gun and shotgun as long as the type of firearm they are purchasing is not illegal in their home state....so a kalifornia person cant purchase anything with a magazine capacity of more than 10....what i was told by LEO and the shop worker...
 
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top