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Old August 2, 2012, 02:07 PM   #1
Nine the Ranger
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Florida Handgun Law

(I really hope this is the right forum)

I was at a gun shop yesterday and some of the guys were talking about 18 year olds legally owning handguns on their own.

I am 18 and would really like to own a handgun

I did a little digging and could only find that an 18yo can own a handgun if it is purchased privately (non FFL dealer), inhierited, or given as a gift.

Is this true?
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Old August 2, 2012, 02:31 PM   #2
Doyle
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Federal law restricts handgun and ammo sales to persons 21 and over only from a licensed dealer. Yes, you can legally purchase a handgun. However, you will not be able to walk into a store and purchase ammo for it until you are 21.
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Old August 2, 2012, 02:42 PM   #3
Nine the Ranger
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But there are rifles and carbines chambered for pistol calibers. Somewhere like Wal-Mart might not care and see it as 'Pistol ammo is for pistols', but Joe at the gun store doesn't know, and he probably doesn't care.
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Old August 2, 2012, 02:59 PM   #4
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But there are rifles and carbines chambered for pistol calibers. Somewhere like Wal-Mart might not care and see it as 'Pistol ammo is for pistols', but Joe at the gun store doesn't know, and he probably doesn't care.
Not necessarily, depending on the store they sometimes will ask if it is for a rifle or a pistol (.22lr and Wallyworld come to mind)
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Old August 2, 2012, 03:07 PM   #5
Nine the Ranger
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Not necessarily,depending on thestore they sometimes will ask if it is for a rifle or a pistol (.22lr and Wallyworld come to mind)
Exactly. My local Wal-Mart wouldn't sell me a box of .22WMR because I was 18.

I doubt they'd sell me a box of 9x19.
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Old August 2, 2012, 06:59 PM   #6
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When I was over 18 and under 21 in Florida, I legally purchased a GP100 via private sale.

There is no form 4473 for ammo purchases, as far as I know. So, I am not sure if "straw purchases" would apply in that scenario, but I had friends or relatives who would acquire ammo for me, then, if I could not buy it myself.

(Edit: I'm in my 40s now, and still think that status offenses are a load of crap. If an 18 year old is old enough to sign contracts, and be charged as an adult for breaking laws, then it seems weird to say "You are being charged as an adult for being a minor..." Then again, some states charge kids as young as 12 as adults, depending on the crimes charged. Ok, rant mode off.)
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Old August 2, 2012, 09:45 PM   #7
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Yea, I believe Federal law prohibits the sale of pistol ammunition to persons under 21. Came across a Florida civil case today, where Walmart was proximately liable for the death of an individual, due to their illegal sale of pistol ammunition to a 19 year old.
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Old August 2, 2012, 09:51 PM   #8
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I'm pretty sure Federal law prohibits sale of ammo to persons under 21 by licensed FFL dealers.

That's not the same as making it illegal for adults under 21 to buy or own the ammo.
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Old August 3, 2012, 12:26 AM   #9
hermannr
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Federal Law does NOT make it illegal for an 18 year old to purchase ammo (or a firearm) The Federal Law makes it illegal for a federally licensed firearms DEALER (and FFL) to SELL pistol ammo to anyone under 21.

That said, you do NOT need an FFL to sell ammo...buy it online from someone that only deals in ammo, and not firearms.
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Old August 3, 2012, 12:46 AM   #10
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Yes, you can own a handgun but cannot buy it from an FFL directly, so it has to be via private sale or given to you. You also have to be 21 to buy ammo IIRC, but you can buy them online or at gunshows.
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Old August 3, 2012, 07:48 AM   #11
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From what I understand getting caught with ammo is where the problem starts. Whoever is asking will want to know how you came into possession of the ammo.
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Old August 3, 2012, 08:14 AM   #12
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From what I understand getting caught with ammo is where the problem starts.
Do you have a citation for that?
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Old August 3, 2012, 08:36 AM   #13
Don P
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I am quoting this from Jon H. Gutmacher, Esq. book Florida Firearms Law, Use & Ownership.
Page 24,
Quote:
Question asked,
I am a licensed firearms dealer. An 18 year old wanted to buy ammunition for his rifle, which was of caliber that could also be used in a handgun. Can I legally sell it to him?
AnswerSure. As long as he represents it's for a long gun ( rifle or shotgun), and you have no real reason to doubt he's telling the truth--you can freely do so.
Obviously, the type of ammunition must be typical for the weapon he says it's for -- otherwise you're on notice that the sale could be illegal.
From the above question and answer I understand it that if a 18 year old is found to be in possession of a hand gun and has ammo for it its a problem. If it were not a problem the why can't he legally buy it is my way of thinking.
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Old August 3, 2012, 08:50 AM   #14
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Quote:
Originally Posted by Don P
I am quoting this from Jon H. Gutmacher, Esq. book Florida Firearms Law, Use & Ownership.
Page 24,

Quote:
Question asked,
I am a licensed firearms dealer. An 18 year old wanted to buy ammunition for his rifle, which was of caliber that could also be used in a handgun. Can I legally sell it to him?
AnswerSure. As long as he represents it's for a long gun ( rifle or shotgun), and you have no real reason to doubt he's telling the truth--you can freely do so.
Obviously, the type of ammunition must be typical for the weapon he says it's for -- otherwise you're on notice that the sale could be illegal.
From the above question and answer I understand it that if a 18 year old is found to be in possession of a hand gun and has ammo for it its a problem. If it were not a problem the why can't he legally buy it is my way of thinking.
But this question pertains to an FFL seller, not to a 19-year old found in possession of ammunition. In fact, this Q&A says that it IS lawful for the FFL to sell the minor pistol caliber ammo as long as the minor says it is for use in a rifle. In other words, if the kid came into a gun shop with a 9mm carbine in a gun case and showed the carbine to the FFL when asked "What is this ammo for?" ... the FFL could sell him 9mm ammo.

How would this lead to questions if the kid should subsequently be observed in possession of 9mm ammo?
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Old August 3, 2012, 08:52 AM   #15
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Quote:
Originally Posted by Tom Servo
Quote:
From what I understand getting caught with ammo is where the problem starts.
Do you have a citation for that?
I'm curious about this myself - possessing ammo with no gun would be akin to having a magazine (empty or not) with no gun.

When I got the "pistol or rifle" question, I didn't answer - handed clerk my ID and said "whatever strikes my fancy." Strangely enough, he still pushed the question and there was a prompt on the screen that indicated he had to enter one or the other for the sale to go through.

Never did answer, and no idea which he picked for me. Wasn't trying to be difficult, but as I am of age - I don't see what difference it makes what I use it for, to heck with their "recordkeeping" policies.
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Old August 3, 2012, 11:41 AM   #16
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Quote:
I'm curious about this myself - possessing ammo with no gun would be akin to having a magazine (empty or not) with no gun.
Generally true but I seem to recall at least one place (maybe I'm thinking DC or NJ) where ammo possession without the requisite card is a big problem.
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Old August 3, 2012, 05:10 PM   #17
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Sheesh.

All I wanted was TT-33.

So much trouble to get the ammo, that's,assuming I can find 7.62x25 Tokarev.
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Old August 3, 2012, 05:12 PM   #18
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The key here is the local law. Fed law says mut be 21 to buy handgun (or handgun ammo) from an FFL dealer. Many (if not most) states allow for 18-20 yr olds to purchase ammo and sometimes even handguns from private sales/inheritance/gifts, etc.

This is, of course, providing all other local laws are complied with. If your state requires a permit or FOID to buy/posess, then you must have one, before you purchase/posess.

A 19 year old seldom faces any kind of problem if he goes to the store and buys a box of 7mm Rem mag. He can also, legally buy a box of .357mag (for his Marlin carbine), priovided he states it is for a rifle, if asked.

The key is the local laws, which variy widely. What is legal in Arizona is not automatically legal in New Jersey, for instance.

Check your local laws, and act in accordance with them.
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Old August 3, 2012, 09:09 PM   #19
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Aguila has it right. Gun dealers used to fix folks under 21 with a steely gaze and say, "so what kind of RIFLE is this for? No, what kind of RIFLE? Could that be for a Camp carbine, perhaps?"

A couple of years ago, the ATF put out a memo telling us to stop doing that. As long as the buyer volunteers the information it's for a rifle, the sale is OK. At least, under federal law.
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Old August 4, 2012, 10:08 AM   #20
Don P
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How would this lead to questions if the kid should subsequently be observed in possession of 9mm ammo?
When asked about a citation for my response what I found was what I posted quoting the info from a lawyers book.
Folks my opinion and I'm saying its not the law JUST MY OPINION, if law does not allow the purchase then the minor ( under 21 years old) could be is trouble for having the ammo and a handgun together.
Is the forum getting to the point that if we are not totally correct in our statements and our view points are opposite of others we get this big whoopee-do about things? I'm sorry I even posted a response here.
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Old August 5, 2012, 01:13 AM   #21
ClydeFrog
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Florida firearm law(s); resources....

I'm not fully aware of the sunshine state's laws or requirements, but for full details, I'd check these websites;
www.Mylicensesite.com www.nra.org www.handgunlaw.us www.myflorida.com www.myfloridalegal.com .

The state Div of Licensing handles all W/concealed licenses & G/firearms-security industry issues.

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Old August 5, 2012, 03:43 AM   #22
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Don P, try not to take things personally. (I know, the pot calls the kettle black...)

I think you are wrong, in this case, but I don't think you are malicious or stupid. I think your intentions are good.

I doubt others meant anything ill toward you, either.

Regards,

M
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