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Old January 9, 2009, 12:18 AM   #1
Mausberg
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18 year olds can legally own handguns in florida?

is the 21 or older law a federal law that all states must abide by? in the state of florida, it isnt illegal for anybody 18+ to have a pistol of any kind in their possesion as long as it isnt ready for immediate use(waisteband etc but if it were in a glove box or something it would be fine). so you can be 18, own a pistol, but cant buy your own ammunition. what if you own a long gun that uses your average pistol ammunition like a carbine, will a clerk sell you the bullets if you explain you have a carbine? i know it wouldnt work in wal mart because they enter your birth date in the machine , before i hit 18 they wouldnt let me buy hollow point pellets, wal marts strict

so my basic question, is it or isnt it legal?
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Old January 9, 2009, 01:04 AM   #2
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I am in Miami and owning a firearm in Florida at 18 is legal. You are not allowed to buy it yourself or even buy ammo for it (unless you are at the range). My parents bought me my first handgun when I was 19. I'm not sure about the whole strawman purchase issue, but it was given to me as a gift.

The gun can be legally carried in a vehicles glove box as long as it in a zipped bag or snap holster. I am not sure what the exact statutes are, but I spoke with many law enforcement officers as well as many experienced shooters. I have even been pulled over several times with loaded weapons in the vehicle and have never had any major issues. I simply informed the officers that I had a loaded weapon legally stored in the glove box and asked them if they would like to remove it before I went for my vehicle registration. I think one officer hassled me because I had 2 guns in the glove box, but I told him it was safer than leaving it at home since I had 2 younger sisters. Consider calling the police department and asking them what the exact statutes are. I would print a copy and have it in the vehicle just in case.

Please do not take offense at the following, but please make sure you are mentally and emotionally mature enough for the responsibility of firearm ownership. Avoid trouble like the plague and think before you act. I just give this warning because of personal lapses in judgement I have made when I was younger.
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Old January 9, 2009, 08:40 AM   #3
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Quote:
The ATF should be a convenience store instead of a government agency!
I thought you put it in your transmission

You must be 21 to purchase a handgun or to get a CCW, but you can receive one as a gift at 18. As far as carrying in your glove compartment goes you better consult the current regulations.
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Old January 9, 2009, 10:27 AM   #4
brickeyee
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Quote:
You must be 21 to purchase a handgun ...
From an FFL.

Many states allow private sales of handguns to those 18 or older.
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Old January 10, 2009, 10:47 AM   #5
Alleykat
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You can buy handguns from private individuals in FL @ 18. You don't need to involve your parents in private sales.
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Old January 10, 2009, 11:19 AM   #6
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One of the dumbest things about our government.

We can send 18 year olds to war armed to the teeth with multi million dollar weapons systems but the government dont trust them with a pistol when they get home.

HOW FRIGGIN STUPID IS THAT
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Old January 10, 2009, 11:28 AM   #7
Eskimo
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I believe that SC's laws are the same as Florida's. As long as the gun owner is in FL, you can legally purchase the pistol from him without any paperwork at all. You cannot get a concealed carry permit at 18.. period. Leave it in the car or at home.

When purchasing ammo, just tell them you have a 9mm carbine rifle.
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Old January 10, 2009, 12:41 PM   #8
stephen426
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Quote:
One of the dumbest things about our government.

We can send 18 year olds to war armed to the teeth with multi million dollar weapons systems but the government dont trust them with a pistol when they get home.

HOW FRIGGIN STUPID IS THAT
A warzone is quite different from an urban environment (in most cases ). Rules of engagement are a bit different and personal level of judgement are also different. Even then, I don't know if it would be possible to just permit people under 21 to carry if they are active military.
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Old January 10, 2009, 03:03 PM   #9
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Quote:
stephen426 wrote:
A warzone [sic] is quite different from an urban environment (in most cases ). Rules of engagement are a bit different and personal level of judgement are also different. Even then, I don't know if it would be possible to just permit people under 21 to carry if they are active military.
Which is mildly interesting and does not answer the question.

Answer: It's pretty friggin' stupid.
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Old January 10, 2009, 03:49 PM   #10
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Up until April 2, 2008, it was unlawful to knowingly sell a handgun to a person under 21 years of age in the State of South Carolina. S.C. Code Ann. ยง 16-23-30 was amended to change the minimum age to 18 years.

In Florida, the pertinent law is as follows:

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.

History.--ss. 1, 2, ch. 3285, 1881; RS 2684; GS 3627; RGS 5558; CGL 7744; s. 1, ch. 65-187; s. 750, ch. 71-136; s. 2, ch. 76-165; s. 175, ch. 91-224; s. 2, ch. 93-416.
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Old January 12, 2009, 12:23 AM   #11
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A person that is 18 or older may buy a rifle or shotgun from a dealer, and may buy a hangun from another individual without any problem. It's when they want to buy from an FFL the age issue comes into play, which in itself seems pretty stupid. They cannot purchase the ammo for it though. An adult, adult, has to buy it for them. ( double wording intended) If you are old enough at 18 to go to a war zone and have your body mangled or life taken from you, you should be old enough to buy your own handgun and ammo. Period. There may be some states that I'm unaware of that have imposed their own rules on the age issue, but it is generally set by the federal gov't. (BATFE)

When I lived in Florida it had to be three moves to bring your gun into a position that would allow you to use it against someone.
1-open glovebox
2-reach into glovebox and grab holstered gun
3-pull said gun from said holster
4-fire

As far as asking local law enforcement what the laws are about carrying a firearm in a vehicle are, don't. Call the state attorney generals office and ask, or as in my state, the state police set the rules and regulations. Call whomever sets the regulations in your state. The cops have a tough job, and rarely know all the statutes on any one subject. I have called my local poilce and sherrif department many times regarding gun laws, only to have them say they don't know, and that I should call the state police. That's where I start now.
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Old January 12, 2009, 12:13 PM   #12
Legumeofterror
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you can own one at 18. i bought my first handgun in a private sale at 19 and have been carrying it in my car since and on my hip once my permit goes through. the law for carrying a handgun on you vehicle requires you to be 18 and have the firearm "securely encased." when you flip to the definitions in the statue, it defines securely encased as in a zippered case, gun case, snapped holster, glove box, center console, or similar container with a secure lid weather or not locked. you just have to keep in in something that requires opening a zipper/latch/snap button before you can get to the gun. its pretty easy to comply with. i keep mine in the center console if its my PA-63 or under my seat in a snap holster if its my Model 28.

i want to know where that "3 step" thing came from, as i hear people talk about it all the time. from what i can find the above has been the law for nearly 20 years.
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Old January 12, 2009, 12:42 PM   #13
stephen426
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It took a bit of searching but I think I found it!

Quote:
(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.
Lots of good info here from the horses mouth... so to speak! Nothing about 3 step rule, but it must be securely encased .

Securely Encased means:
Quote:
(17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.
Readily Accesible means:
Quote:
(16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
I'm not sure where the 3 step rule came from either, but a lot of police officers seem to believe that is the law. I highly recommend you print out a copy of the statutes from the pages I linked in case a police officer hassles you.
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Last edited by stephen426; January 12, 2009 at 12:52 PM.
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Old January 12, 2009, 02:17 PM   #14
Mausberg
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well it wasnt even the cops that worried me about carrying, a guy refused to sell to me because i wasnt 21, even tho it would have been a private sale

but i thank you all and stephen426 thanks for the links/definitions and statues
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Old January 12, 2009, 02:46 PM   #15
stephen426
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Quote:
well it wasnt even the cops that worried me about carrying, a guy refused to sell to me because i wasnt 21, even tho it would have been a private sale
The problem is people want to err on the side of caution... Basically, it CYA (Cover your butt). He did not know the law and did not want to risk breaking the law. In my opinion, its hard to fault the guy.

As for getting ammo, you will have problems at most large retail stores. If your parents are cool with you owning a gun, I suggest you go with them. I know it sucks, but that is the law.

By the way, you're welcome!
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Old January 14, 2009, 11:56 PM   #16
matt nasty
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what about carrying at a place of work if your 18 and over? I thought I read it some place....not to sure though.
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Old January 15, 2009, 10:40 PM   #17
stephen426
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I'm not sure where it is listed either, but it is legal to carry at your workplace with the consent of the business owner. I did that at my parent's business before I had my carry permit. I believe that they treat it like it was your house.
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Old January 15, 2009, 11:19 PM   #18
onthejon55
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In Indiana you can't buy a handgun or the ammo unless you are 21 but you can get a concealed carry at 18 and carry one. I dnt know about the whole strawman thing but im sure that if is legal for the 3rd person to own the gun than its okay. strawman cases usually involve a 3rd person who cannot legal posses the gun the strawman is purchasing
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Old January 17, 2009, 04:58 AM   #19
saspic
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Quote:
originally posted by Stephen426

Even then, I don't know if it would be possible to just permit people under 21 to carry if they are active military.
You can.
In 2005 Texas reduced the minimum age requirement for our Concealed Handgun License from 21 to 18 for active duty and retired U.S. military personnel. It remains 21 for non military people.
From http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf
Quote:
GC 411.172. ELIGIBILITY
(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age but not yet 21 years age is eligible for a license to carry a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard.
(2) was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except for the minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a person eligible under Subsection (g) does not affect the person's ability to purchase a handgun or ammunition under federal law.
(Subsection (a) includes stuff like, you can't be a criminal, dependent on drugs, delinquent on child support or student loans, etc.) Notice you can get your license and carry your gun, but you still have to get your mommy to buy your gun. That's not Texas' fault,though.
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Old January 18, 2009, 01:31 AM   #20
rkba_net
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1- It is legal in Florida for a >18 yo to own a handgun

2- It is illegal under FEDERAL LAW for a <21yo to purchase a handgun OR handgun ammo from an FFL.

3- It is legal in Florida for a >18 yo to purchase, receive as a gift a handgun from another Florida resident.

4- When a 18 -20 yo goes to a FFL to buy ammo in a common handgun caliber it is legal if the ammo is for a rifle... in fact at WalMart the register asks the ? are you less than 21 yo... if the answer is yes you are asked if it is for a rifle. If you answer no they cannot legally sell you the ammo.
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Old January 18, 2009, 02:14 AM   #21
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Quote:
As far as asking local law enforcement what the laws are about carrying a firearm in a vehicle are, don't. Call the state attorney generals office and ask, or as in my state, the state police set the rules and regulations. Call whomever sets the regulations in your state. The cops have a tough job, and rarely know all the statutes on any one subject.
Very good advise! LEO's don't usually have time to be experts on the law. That's what they have DA's and judges for. Listening to a LEO and not researching the law myself almost got me arrested for a felony one time. With today's technology and the use of google.com it is far to easy to find the state and most local laws yourself. If you have trouble translating them, print it out and ask a lawyer, judge, etc to translate it for you. The only LEO's that have been accurate 100% of the time with my questions have been the ATF. I've called the local ATF office and asked to speak to an agent a few times. They've always been right on the money with their answers, and suprisingly they were happy to give them.
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Old January 23, 2009, 06:43 PM   #22
cmanhome
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18 year olds

Let a 18 year old try to buy a gun in Florida and see what happens. I'm afraid he will get turned down. They will nor even let anyone under 21 handle a gun up here in North Florida where I live.
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Old January 23, 2009, 06:52 PM   #23
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Let a 18 year old try to buy a gun in Florida and see what happens. I'm afraid he will get turned down. They will nor even let anyone under 21 handle a gun up here in North Florida where I live.
cmanhome
Again, that only applies to purchases from FFL's, but does NOT apply to private party transactions.
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Old January 23, 2009, 10:08 PM   #24
Naterstein
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What a dumb law. They need to get off the pot and decide either 21 or 18.

Last edited by Naterstein; January 25, 2009 at 05:36 PM.
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Old January 25, 2009, 02:14 PM   #25
NavyLT
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"loophole" is a term made up and defined by the Brady campaign. It is NOT a loophole, it IS a difference in Federal law regulating interstate business and licensing of firearms dealers and states' regulating intrastate sales of firearms by private individuals within their own boundaries.
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