Florida Firearm Age Questions/Discussion...

S

sstrawsb

New member
Hello everyone. I would first like to introduce myself. My name is Sean; I current reside in Central Florida. I’m 19 years old and I'm currently a Certified Firefighter and EMT.

Recently my and fellow coworker got into a discussion over the legal age to purchase, owner or carry a firearm. His side of the argument was that you have to be over 21 to owner, purchase or carry a hand gun. I don’t agree with this. I’ve been doing heaps of research on this topic for personal interest and also a school project. I have found that this is a very open subject. I haven’t found to many dead on answer that will solve this debate.

Stated from the National Rifle Association and Institute for Legal Action,
“Federal law imposes the following restrictions aimed at younger persons:A person must be 21 years of age to purchase a handgun or handgun ammunition, and 18 years of age to buy a rifle or shotgun or ammunition, from a retail firearm dealer. (GCA, 1968)

A person under age 18 may not possess a handgun or handgun ammunition, and it is illegal for a person to provide a handgun or handgun ammunition to a person under age 18, except for target shooting, hunting, or certain other exempted purposes. (Youth Handgun Safety Act, 1994)

It is a federal felony to provide false information (such as lying about one’s age) to a firearm dealer, to deceive the dealer into selling a firearm to a person not entitled to make the purchase. (GCA, 1968)” A few sections later it gives state laws which shows, “Florida - It is unlawful to sell, give, lend or transfer a pistol or other arm or weapon "other than an ordinary pocketknife" to a minor under the age of 18 without a parent’s permission, or to any person of unsound mind.
It is unlawful for any dealer to sell any "pistol, Springfield rifle or other repeating rifle" to a minor.
A minor under 18 may not possess a firearm, other than an unloaded firearm at home, unless engaged in lawful activities.” Heres a link to site I pulled that information off of: http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=43

The page was copyrighted in 2007 so I’m assuming the information is up to date.These two sections butt heads and conflict with each other in my opinion. Should a minor like myself follow federal or state laws? My coworker asked a state sheriff about the law and was told that you must be 21.

Now here is another source from the Fort Meyers Sheriffs website stating,

“Q: My child likes to go hunting. Is it legal for him/ her to possess a firearm?

A: Florida law prohibits the possession of a firearm by a minor under the age of 18, however, hunting is an exception. Be aware though, an adult must supervise a minor under the age of 16, when lawfully hunting (for additional exceptions, see F.S. 790.22(3). REF: http://www.sheriffleefl.org/prevention/brochures/prtfirearms.aspx” Does this mean a person over 18 can possess a firearm?
From the Cobb Law Firm, “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.”


Basically my question to you all guru’s is, is it legal for a person over the age of 18 to purchase or own a firearm or hand gun. Feel free to add personal feelings, thoughts or opinions on the topic!

Thanks
Sean
 
Since 1968, the federal standard requires a purchaser to be at least 18 years old for long guns and 21 years for handguns. Most states have copied this requirement in their own laws.

There are exceptions to possession of a firearm, but not the sale. You can be under 18 and possess a firearm under adult supervision during legitimate hunting and/or shooting pursuits. In the example you cite, Florida law requires adult supervision for hunters under age 16. Between ages 16 and 18 the hunter does not require adult supervision.

Note that the above paragraph does not conflict with federal law. Federal law prohibits sales of firearms to minors. Minors may not own or possess handguns or handgun ammunition.

Your status is not that of a minor if you are 18 years old or older. In the period between 18 and 21 you may purchase, possess and use long guns that are legal in your state. You may (confirm with a local authority or attorney) possess a handgun, but you may not purchase a handgun or handgun ammunition until your 21st birthday.

Clear as mud?
 
Your status is not that of a minor if you are 18 years old or older. In the period between 18 and 21 you may purchase, possess and use long guns that are legal in your state. You may (confirm with a local authority or attorney) possess a handgun, but you may not purchase a handgun or handgun ammunition until your 21st birthday.

Clear as mud?
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Not just clear as mud, but not totally correct, either. The Federal prohibition for the purchase of a handgun under 21 only relates to purchases from an FFL. He can still purchase a handgun legally in FL @ 18, as long as it's from an individual.
 
What if???

I have a question, if the buyer is 18 and can own a long gun, but not buy or posses ammo that is for a handgun, then what happens if he has a lever action long gun in 45LC???
 
Since 1968, the federal standard requires a purchaser to be at least 18 years old for long guns and 21 years for handguns. Most states have copied this requirement in their own laws.
Click to expand...
Sorry, but this is incorrect. Federal law prohibits anyone under the age of 21 from buying a handgun from a DEALER OR FFL HOLDER but allows private-party transfers, if state law and/or local law so allows.
 
Chapter 790:

790.22 ... possession of firearms by minor under 18 prohibited; penalties.--

(3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless:


And this one: (5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful .. 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 ...

I read this as an 18 y/o may possess a firearm. Just buy it from a private party.
 
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Thanks everyone!


One more question.. If I purchase a hand gun off the classified on this site, and its shipped to a FFL dealer would they require me to be 21 or 18 because its basically a personal sale.. Just curious. Thanks everyone.


God Bless,

Sean
 
The FFL is going to have to transfer it to you--and will not be able to by law. So no--gonna have to be a face-to-face transfer--or at least one that doesn't involve an FFL holder.
 
Bill, regarding the "unfortunately" in your Sig, have you ever considered applying for an exit visa? You might actually enjoy living in America, if you'd give it a try.
 
Every firearms shop I've been in has had a stack of books on their counter near the register. I forgot the title, but it's something like Florida Firearms Handbook. It changed when the law changed. It's very thorough, and will answer nearly all your questions. Find it next time you go and buy it.

Also, Google for "florida statutes". The first item on the list gets you to some sort of "online sunshine", and there is a complete list of laws and statutes. Go to near the bottom and pick "crimes". It will expand to another list, about 50 items long. Pick "weapons and firearms". All the relevant statutes are in there and they're very clear.
 
I gave my son a .38 when he was 19, in front of the Orlando cop who suggested it.


You can buy a longgun through an FFL at 18, you can buy a handgun through a face to face private deal at 18 and use it for you CCW .
I have some I might be wanting to sell PM me if interested, we can discuss the deal in the forum before you buy

I have a question, if the buyer is 18 and can own a long gun, but not buy or posses ammo that is for a handgun, then what happens if he has a lever action long gun in 45LC
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You can buy rifle ammo at 18 it doesn't matter if that ammo also fits in a handgun
 
Every firearms shop I've been in has had a stack of books on their counter near the register. I forgot the title, but it's something like Florida Firearms Handbook. It changed when the law changed. It's very thorough, and will answer nearly all your questions. Find it next time you go and buy it.

Also, Google for "florida statutes". The first item on the list gets you to some sort of "online sunshine", and there is a complete list of laws and statutes. Go to near the bottom and pick "crimes". It will expand to another list, about 50 items long. Pick "weapons and firearms". All the relevant statutes are in there and they're very clear.
Click to expand...

I went in to a Gander store here locally and they did have anything I saw. I will google the statues at this very moment. Thanks!

You can buy a longgun through an FFL at 18, you can buy a handgun through a face to face private deal at 18 and use it for you CCW .
I have some I might be wanting to sell PM me if interested, we can discuss the deal in the forum before you buy
Click to expand...

Im going to PM you now. So if I purchase a handgun from a private seller I then can use it for CCW? I thought you needed a permit for this?
 
Joab, I tried PMing you buy your inbox was full. I sent you an email instead. Thanks!

Sean

Edit: Joab the email bounced.. PM me or email me when you get this!
 
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Yeah, you do, and god bless 'em Florida makes it easy as pie to do so. Expensive, but easy, and that thing is good in a lot of states. I LOVE FLORIDA! One of these days, I might even try to visit.
 
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