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Question on purchase and transfer of lowers

3K views 15 replies 8 participants last post by  TitleIIToyLover 
#1 ·
Fairly new to the state and am wondering what are the laws on the purchase and transfer of an AR lower? Assume you need a nics check to buy from a dealer, is that also the case if you have a carry permit - I know some states just let you show your carry permit. Once you own one what are the rules as far as selling or giving as a gift to another person. What if that person is a visitor from another state - yes they are a legal person that is not on some may not own list. Want to make sure no laws are going to be broken. Thanks.
 
#2 ·
The lower is the serial numbered part of the firearm, and as such, falls under BATF rules, including transfers. And transfer to an out of state resident must go through an FFL I believe
 
#3 ·
Florida requires a NCIS check for all purchases from a FFL (gun store, etc).

No NCIS check is required for private party sales where both partues are residents of the same state. As stated above if the resodents are not from the same state, the transfer must go through a FFL in the purchaser's home state.
 
#4 ·
Florida is not an approved state to use you carry license in lieu of a NICS check. Any purchase from an FFL will include a NICS check.

You can not directly transfer (sell or gift) any firearm to a none resident. The firearm must be transferred through an FFL in their state.
 
#5 ·
In Florida all the FCWFL does is exempt you from the 3-day, and in some counties, 5-day waiting period. A NICS check is still required for transfers through an FFL. Private sales, no NICS check required but the private seller cannot sell to a "known" prohibited person. Most private sellers will use a copy of the buyer's FCWFL to verify/prove they did their due diligence to verify the buyer is not a prohibited person, which is not exactly a "real-time" verification, but the best one can do short of going through an FFL/NICS check.
 
#6 ·
Thanks everyone. So any time you want to buy a gun in Florida you have to wait three days? Wow that does not make much sense, but most gun laws don't. I can sort of see having to wait three days for your first gun, but given that you have one why should you have to wait for any others as if you wanted to kill someone right away you don't need that new gun as you already have one?????
 
#8 ·
You only have to wait three days if you don’t have the CWFL. If you do have one, you have to wait the 5 or 10 minutes for the NICS background check to go through.
 
#7 ·
some counties, like A**h...er, Alachua, require a 5 day waiting period if you have no CWL
 
#10 ·
Someone more familiar with the background can probably explain better but I believe the background check that is done for the permit does not include something that ATF requires, so the NICS background is still needed.

In Florida, the permitting is handled by the Department of Agriculture, not law enforcement so that may have something to do with it.
 
#12 ·
Handgun wait is Federal, since 1986, Brady Bill. Long gun wait is a knee-jerk response to Parkland. And might be legally challenged.

Fun fact - The gun used in the attempted assassination of Reagan that crippled James Brady would have been perfectly legal after passage of the Brady Bill. :)

Jeff

Sent from my XT1254 using Tapatalk
 
#13 ·
No handgun wait is not Federal, or if it is then it is not observed in New Jersey. In NJ I can walk into a store and buy a handgun and they run NICS through the state police and I walk out with the gun. Maybe the work around is the other F’ing laws in NJ. You have to have an FID card which required a background check and also a pistol purchase permit when required a background check, so it was much more than three days from when you applied for the P2P. You can get as many permits as you want but they are only valid for 90 days. They can be renewed once for a mummy of another 90 days at the discretion of the local police chief. Oh, you also can only buy one handgun every thirty days. Yes I am glad I no longer live in that left wing shot hole of a state.
 
#14 ·
Waiting times are not federal. There are no minimum wait times under federal law.

That is all done at state and county levels. In Florida, state law states that unless you have a CWFL, the minimum waiting period is 3 days, and can be up to 5 days.
 
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