[Twolimes]

Does the handgun one is carrying have to be registered to them?

The reason I ask is that I will be buying a gun for my wife to carry. When I buy it, do I need to have it registered under her name, or is it fine to have all the guns registered under my name and whoever carries whichever...doesn't matter?

Thanks!

 

[daytona]

I would think that as along as the gun was purchased legally it would be ok -- isn't husband and wife shared property/ownership?

 

[Rvrctyrngr]

I would think that as along as the gun was purchased legally it would be ok -- isn't husband and wife shared property/ownership?

Doesn't matter. Florida does not 'register' handguns, nor do we apply specific weapons to a CWFL.

If the wife is legally allowed to possess a handgun (not a convicted felon or a complete whackjob), the one she has in her hand is 'hers'.

Buy the wife all the guns she wants....just make sure she reciprocates!

 

[Sig229Elite.357]

Does the handgun one is carrying have to be registered to them?

The reason I ask is that I will be buying a gun for my wife to carry. When I buy it, do I need to have it registered under her name, or is it fine to have all the guns registered under my name and whoever carries whichever...doesn't matter?

Thanks!

There is no "registration" of a handgun or rifle in the state of Florida from what I understand. However, there are laws in regards to straw buyers, to make life easy on yourself if it's for your wife have her go with you and have her buy it. If i'm mistaken on the issue of registration someone will correct me.

 

[MPDC66]

There is no handgun registration in Florida. Neither is a permit to buy one necessary, only to carry.

It would only be illegal for someone prohibited by law, eg a felon, to possess a handgun. You are not required to run a background check as a private seller (gifter). Unless you know your wife is not eligible to possess a firearm , you are fine.

I agree, for a new purchase for her, let her buy it. IF , however, it is a gun you legally bought for yourself, giving it to her is NOT illegal. You can give one to her, just can't buy one with the intent to give it to her. I know, its confusing but otherwise you would never be allowed to sell or gift a handgun. The intent is to keep lawful buyers from doing a "straw purchase" for someone not legal OR to avoid the three day waiting period for them.

 

[T.S.]

Does the handgun one is carrying have to be registered to them?

The reason I ask is that I will be buying a gun for my wife to carry. When I buy it, do I need to have it registered under her name, or is it fine to have all the guns registered under my name and whoever carries whichever...doesn't matter?

Thanks!

Here ya go .......

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC335.HTM&Title=->2008->Ch0790->Section%20335#0790.335

The 2008 Florida Statutes

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS

790.335 Prohibition of registration of firearms.--

(2) PROHIBITIONS.--No state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of such state or other governmental entity or any other person, public or private, shall knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.

 

[Sig229Elite.357]

There is no handgun registration in Florida. Neither is a permit to buy one necessary, only to carry.

It would only be illegal for someone prohibited by law, eg a felon, to possess a handgun. You are not required to run a background check as a private seller (gifter). Unless you know your wife is not eligible to possess a firearm , you are fine.

Agreed 100% but, i have heard where the person buying a gun for his wife mentioned it to the dealer and the dealer then refused to sell the gun quoting "straw buyer law". That's why said make life easy and bring her or don't mention the fact your buying for the wife. Either way...

 

[MPDC66]

Sig, I agree and edited my response when I realized he wasn't giving her a pistol he already owned but, rather, buying her a new one.:drinks

 

[MamaBear]

My husband and I each bought our own guns. He bought a Walther PPS 9mm and I carry it...therefore...it is *mine*. The paperwork at the gun shop says that it is his but we all know it is really mine. It's great how it works out that way.

 

[Sig229Elite.357]

My husband and I each bought our own guns. He bought a Walther PPS 9mm and I carry it...therefore...it is *mine*. The paperwork at the gun shop says that it is his but we all know it is really mine. It's great how it works out that way.

:rolf kinda works that way around here as well. "what's mine is hers and what hers is hers"

 

[Rvrctyrngr]

You can give one to her, just can't buy one with the intent to give it to her.

I respectfully disagree. As long as you are the actual buyer of the firearm, you are allowed to purchase it as a gift for a legitimate (i.e., legal) third party.

See Special Notice 1 on ATF Form 4473. It clearly explains what the 'acutal buyer' can do, and states the example of buying a firearm (with your own money) as a gift as a legitimate transaction:

1. For purposes of this form, you are the actual buyer if you are purchasing the
firearm for yourself or otherwise acquiring the firearm for yourself (for example,
redeeming the firearm from pawn/retrieving it from consignment). You are also the
actual buyer if you are acquiring the firearm as a legitimate gift for a third party.
ACTUAL BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for
Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT
the actual buyer of the firearm and must answer “no “ to question 12a. The
licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to
buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is
the actual buyer of the firearm and should answer “yes” to question 12a.

 

[Sig229Elite.357]

I respectfully disagree. As long as you are the actual buyer of the firearm, you are allowed to purchase it as a gift for a legitimate (i.e., legal) third party.

See Special Notice 1 on ATF Form 4473. It clearly explains what the 'acutal buyer' can do, and states the example of buying a firearm (with your own money) as a gift as a legitimate transaction:

Once again, I wouldn't debate the law. That's for attorneys. Common sense tells me that you never know what kind of response you will get from a dealer, regardless of whether or not you have the law on your side. After a dealer refuses to sell, would you then argue the law with him??? even if you win the argument, the argument in my opinion has just wasted your energy, time and frustration.

 

[MPDC66]

Makes sense to me. Really most laws have the intent to only restrict those prohibited from having a firearm from acquiring it.

The dealers are super careful now though. Don't know if they are supposed to with CCW License holders and can't find anything that says they have to ,CW holders are listed as exceptions BUT my dealer runs the FDLE check on me and my friends every time we purchase a weapon.

The statutes I can find lists us as exceptions to both the waiting period and the background check unless i am reading it wrong. Not a big deal and i like the place so ....................

 

[deadeyedick]

I have found that if you go to purchase a firearm with another individual, it doesn't matter who actually pays as long as both individuals are not prohibited from owning firearms.

Example: I went with a buddy to Shooters in Jax and he wanted to purchase a S&W M&P; he filled out the 4473, but I paid with my credit card (to get the points) and he paid me the cash. The store employees didn't care since we both had CWFLs and neither of us was a 'prohibited person'. YMMV.

 

[Rvrctyrngr]

Makes sense to me. Really most laws have the intent to only restrict those prohibited from having a firearm from acquiring it.

The dealers are super careful now though. Don't know if they are supposed to with CCW License holders and can't find anything that says they have to ,CW holders are listed as exceptions BUT my dealer runs the FDLE check on me and my friends every time we purchase a weapon.

The statutes I can find lists us as exceptions to both the waiting period and the background check unless i am reading it wrong. Not a big deal and i like the place so ....................

It's not a state statute, it's an ATF regulation. We (CWFL holders) are exempt from the waiting period, but not the background check. FLs database is not continuously updated with criminal info, so ATF said we cannot bypass the NICS check.

 

[Rvrctyrngr]

Once again, I wouldn't debate the law. That's for attorneys. Common sense tells me that you never know what kind of response you will get from a dealer, regardless of whether or not you have the law on your side. After a dealer refuses to sell, would you then argue the law with him??? even if you win the argument, the argument in my opinion has just wasted your energy, time and frustration.

I don't debate the law either, Sig. I was a dealer for quite a while. Most gun store commandos don't know the laws or regs they're supposed to abide by, but they'll sure tell you they do.

Just posting the applicable regulations...everyone is free to make their own decisions. :drinks

 

[Twolimes]

Thanks for all the responses!

Well, she is not a felon, and although she has her moments... she not a complete whackjob (looks over shoulder to make sure she is not standing behind me)...

...and that's what I thought about registering guns. Although I DO know that when I bought my gun, someone recorded the serial number and my name on the same piece of paper and I think I signed it.

So even though guns arent "registered" and can be gifted with no background check, if I bought a gun legally and gifted it to a friend only for him to drive over to UCF and start taking out students then took out himself (leaving the gun at the scene)... I would probably not be surprised when the gun was recovered and I received a phone call or a knock on my door...

 

[MPDC66]

It's not a state statute, it's an ATF regulation. We (CWFL holders) are exempt from the waiting period, but not the background check. FLs database is not continuously updated with criminal info, so ATF said we cannot bypass the NICS check.

Thanks for the clarification. I wondered about that because reading the Florida Statute, they specifically say that CCW license holders are excepted from a criminal background check. I know that when I told the supervisor at DOA I had just had a background check when I bought my last pistol, she advised me they were entirely seperate but didn't realize that once you had the License you still were subject to the checks each time you purchase. Now I know my gun dealer isn't any more paranoid than he actually IS!

 

[Rvrctyrngr]

My pleasure, sir. It wasn't always that way. We were exempt from everything until the mid-late 90s. First time I ran into it was (I think) '98, after my FFL had expired (didn't renew it because of Klinton's new regs), and I actually had to buy a gun in a gunstore.

 

[Cthulhu]

If she can legally own a gun, then it doesn't really matter who buys it.


Unless someone else bought it, it got stolen, then she got it.


Then there'd be all kinds of issues with that.


Bad juju.



Otherwise, no worries.

-JT