Gving handgun as gift in Florida

K

klon99

Inactive
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.
 
No problem as long as there is nothing you know of that would disqualify him as a firearm owner.
 
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).:D 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...
 
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!
 
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?
 
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!
Click to expand...

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.
 
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.
 
flcjinflorida said:
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.
Click to expand...

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/in....HTM&Title=->2009->Ch0790->Section 17#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.
 
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.
 
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.
 
Hkmp5sd said:
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.
Click to expand...

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.
 
flcjinflorida said:
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.
Click to expand...
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.
 
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
 
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.
 
I have been studying these laws for over a year.
Click to expand...

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.
 
I have been studying these laws for over a year.
Click to expand...

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

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.
 
You must log in or register to reply here.
Back
Top