Gving handgun as gift in Florida

[klon99]

Hey guys,

I want to surprise my friend for his birthday and give him my 9mm Sigma as a gift. I looked all around the internet and there seems to be nothing stopping me from just giving it to him. No licensing, processing, etc.

Is this true in Florida. Is it as easy as just give it to him and not having to inform the State or Municipality.

Ty all in advance.

[Doyle]

No problem as long as there is nothing you know of that would disqualify him as a firearm owner.

[Glenn Dee]

Hello Klon... I'm a firearms enthusiast currently living in Florida. My question to you is... do both you and your friend both live in the state?. (florida). If so you may legally purchase a handgun, or a long gun for the purpose of giving it as a gift. You can then gift wrap it, and present it to him.. ( you dont really have to gift wrap it). Other than a gift .one person purchasing a firearm for another is considered a straw purchase. If you want to do the transaction with him there in the gun store, the clerk may want both of you to fill out a federal form.

Glenn...

[JerseyDrez]

I wish I lived in FL so I could become friends with you!

You must give out some great x-mas presents!

[Skans]

If you both live in Florida, are over the age of 21 and can both lawfully own firearms, you're good to go! I always wanted to get a gun as a gift. My wife gave me a very nice compound bow as a gift, though and I enjoy shooting that as much or more than a gun!

[oneounceload]

My wife gave me a gun as a birthday gift - no issues. There are no registration laws in FL.....aka "The Gunshine State"

[koolminx]

It is NOT OK in Washington state to walk in and have someone buy a piece for you. BUT, it is OK to go home and have that same person give all of his guns to you, if he so choose, provided that by law you are able to posses firearms...

Weird huh?

[knight0334]

Originally posted by Skans

If you both live in Florida, are over the age of 21 and can both lawfully own firearms, you're good to go! I always wanted to get a gun as a gift. My wife gave me a very nice compound bow as a gift, though and I enjoy shooting that as much or more than a gun!

You only have to be 18yo. Only a very few states restrict handgun ownership to 21yo or older, FL isn't one of them. Federal government only regulates commercial transfers and interstate transfers, private intrastate transfers follow only state and local laws.

[flcjinflorida]

In Florida, if you are under the age of 21, the only person that can gift you a gun is a parent or legal guardian. If you do purchase a gun for someone under 21, and you are not the parent or legal guardian, you are committing a class 1 felony, and not only will the both of you go to jail, but so will the owner of the shop.

[NavyLT]

Originally Posted by flcjinflorida

In Florida, if you are under the age of 21, the only person that can gift you a gun is a parent or legal guardian. If you do purchase a gun for someone under 21, and you are not the parent or legal guardian, you are committing a class 1 felony, and not only will the both of you go to jail, but so will the owner of the shop.

Would you please post a citation to that law, please? I believe you are mistaken. I am finding it difficult to find any statement in the statute supporting your claim:

http://www.flsenate.gov/Statutes/ind...n%2017#0790.17

790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.--

(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The parent or guardian must maintain possession of the firearm except pursuant to s. 790.22.

[flcjinflorida]

Every gun shop in the Tampa Bay area that I have been to have said this to me. I had to take my dad with me for them to even discuss me owning a gun that was in their shop. (I am 19 years old)

I guess the best thing you can do is ask a lawyer about it. you can get the information from a lawyer for free, and this way you cannot be held accountable if what the lawyer tells you is untrue.

[Hkmp5sd]

Every gun shop you have been in in the Tampa Bay area is a Federally Licensed Firearm Dealer which under Federal Law can only sell/transfer handguns to persons over 21 years of age. A non-licensee aka normal civilian can give/sell/transfer a handgun to a person over 18 years of age under Florida State Law.

This means you can buy a handgun from another person in that state while you are 19. It is just the dealers that will not sell you a handgun.

[NavyLT]

Originally Posted by Hkmp5sd

Every gun shop you have been in in the Tampa Bay area is a Federally Licensed Firearm Dealer which under Federal Law can only sell/transfer handguns to persons over 21 years of age. A non-licensee aka normal civilian can give/sell/transfer a handgun to a person over 18 years of age under Florida State Law.

This means you can buy a handgun from another person in that state while you are 19. It is just the dealers that will not sell you a handgun.

And any 21+ non-prohibited person can buy a handgun from a dealer and then give that gun as a gift to an 18+ non-prohibited person and will be perfectly legal.

[Don H]

Originally Posted by flcjinflorida

you can get the information from a lawyer for free, and this way you cannot be held accountable if what the lawyer tells you is untrue.

I don't believe that you will find anything in Florida law to support this assertion. You will be held accountable for your actions even if you received inaccurate information from a lawyer, whether paid or not.

[hogdogs]

FLCJ, And others, The guy wants to give a previously bought arm. He does not need to be parent nor guardian. he is not buying a gun to present... he stated he wants to pass on a used firearm which is legal to a person over 18.
Brent

[bcarver]

what makes you think klon99 is a guy?
My guess is a girl...girlfriend in fact.

[flcjinflorida]

I have been studying these laws for over a year. I don't want anyone to get into trouble for doing something that could have been avoided. If you feel that there is no consequences for doing it, then go ahead with it. I am only trying to help, but I guess I didn't help as much as I thought I would.

[Hkmp5sd]

I have been studying these laws for over a year.

Well, NavyLT posted the Florida law for you. Clearly says 18 years of age. Can't get much plainer than that.

WFIW, I have been studying these laws for 25+ years, including a stint in the 80s and 90s when I possessed an Dealer's 01-FFL. Still, my advice is worth exactly what you pay for it.

If you are interest in understanding Florida firarms laws, here is a good book, wrtitten by a Florida lawyer, that explains most things.

Florida Firearms - Law, Use and Ownership.

[NavyLT]

Originally Posted by flcjinflorida

I have been studying these laws for over a year.

Then you should be able to show us in the actual statutes something that backs up your statements.

[divemedic]

I have been studying these laws for over a year.

Every gun shop in the Tampa Bay area that I have been to have said this to me.

BSing with bubba in the gun shop is NOT studying the law. NavyLT is correct. A 19 year old cannot receive a handgun from a dealer, but anyone can GIVE one to him. A 19 year old who gives someone money so that someone can enter a dealer's shop and buy a gun for the 19 year old is a straw purchase, and is thus illegal, but gifts are perfectly legal.

[stephen426]

As everyone else has stated, as long as the person you are giving the gun to is not prohibited from owning a gun (criminal record, under 18, adjuducated mentally insane, domestic violence conviction, etc...) you can transfer a gun in Florida legally.

I will add something though... No matter how good the friend is, I would still write up a transfer agreement with the name of both parties, the transfer date, the make, model, and caliber of the gun, and the serial number. I would also have it notarized. It is always safer to CYA if ya know what I mean.

[flcjinflorida]

Don't patronize me, and talk trash when you don't know what you are talking about. I have read every single statute there is. In Florida, a straw purchase and "gifting" run a very thin line. If your friend knows you are buying the gun, then isn't it essentially a straw purchase? YES!

I don't care if you do it or not, but do not treat me like I am nothing, when I know what I am talking about.

[NavyLT]

Originally Posted by flcjinflorida

I don't care if you do it or not, but do not treat me like I am nothing, when I know what I am talking about.

All I've done is ask you to post the statutes that back up your statements, which, so far, you have been unwilling or unable to do.

[divemedic]

I have read every single statute there is. In Florida, a straw purchase and "gifting" run a very thin line. If your friend knows you are buying the gun, then isn't it essentially a straw purchase? YES!

and which law or court case states that? Cite, please.

Here is mine, from the ATF manual itself:

An example of an illegal straw purchase is as follows: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form.

Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473.

So in your example, your friend knowing you are buying the gun for him as a gift does NOT make it a straw purchase, unless that friend gave you the money with which to make the purchase. So, if you have a source that states otherwise, post it. The Florida Law is 790.065(11)(d), which states:

(d) Any person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

Under these conditions, gifts are illegal as well, but this is not the same thing as a straw purchase.

[gb_in_ga]

Ok, here's what I encountered in what sounds like a somewhat similar situation in the state of Fla:

I am a resident of Tx. I had just upgraded my CCW and had no real use for my otherwise serviceable old CCW. I decided to gift my old CCW, with ammo (I was phasing out that caliber and thus had no use for it), holster, reloading dies, bullets, etc, to my newly married niece and nephew-in-law (he is a LEO, and they are both of age) who are residents of Fla, as they didn't have a "house gun".

So, next time I was down in Fla I brought the weapon & goodies along with me. I contacted a FFL in the area to do the transfer, not knowing whether my being a resident of a different state meant that I'd have to do a FFL transfer on it. The FFL said not to bother. He said that as long as I was physically in Fla and face to face, it didn't matter that I am from out of state as long as there were no other impediments to the transaction (which there weren't). Just hand it off, face-to-face, as a gift.

If you both live in Florida, are over the age of 21 and can both lawfully own firearms, you're good to go!

From what the FFL told me, both parties don't even have to live in Fla. They just have to both be in Fla, face-to-face, at the time.