Selling a handgun to someone under 21 ???
I have a handgun listed in a classified ad at one of the online sites. The person that wants to purchase my gun is 20 years old. I always was under the impression that a person needed to be 21 in order to purchase a handgun in Florida. This young man insists that it is legal for him to purchase the gun from me because I am not an FFL, and the purchase will be a face to face transaction. If anyone can give me the REAL answer, I would appreciate it greatly.
I also got this from another forum.(see below) Hell I am COFUSED!!!
Hopefully, this will clear up any confusion concerning the sale of firearms in Florida by licensed dealers and unlicensed, private individuals.
The age of majority in Florida is 18. Licensed dealers can sell long guns to anyone 18 and older and handguns to anyone 21 and older, assuming they're otherwise not prohibited.
Unlicensed, private individuals can sell rifles and handguns to anyone 18 and older, assuming they're not otherwise prohibited.
Licensed Florida gun dealers (FFLs) are governed by federal law as are all licensed gun dealers. The applicable code is in Title 18, Section 922 of the US Code, as follows. The Code does not concen itself with private sales between unlicensed individuals.
I also got this from another forum.(see below) Hell I am COFUSED!!!
Hopefully, this will clear up any confusion concerning the sale of firearms in Florida by licensed dealers and unlicensed, private individuals.
The age of majority in Florida is 18. Licensed dealers can sell long guns to anyone 18 and older and handguns to anyone 21 and older, assuming they're otherwise not prohibited.
Unlicensed, private individuals can sell rifles and handguns to anyone 18 and older, assuming they're not otherwise prohibited.
Licensed Florida gun dealers (FFLs) are governed by federal law as are all licensed gun dealers. The applicable code is in Title 18, Section 922 of the US Code, as follows. The Code does not concen itself with private sales between unlicensed individuals.
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If you sell, give, or loan it to anyone under 21, you are in violation of some child safety law that I have to have a poster about in the shop. I would not sell it to him. 0 -
It is a Federal offense to sell a handgun to anyone under 21 whether you are an individual or a dealer. Only a parent may give a handgun to a child under 21. Tell him to have his father or mother purchase the gun and give it to him. This is legal and not considered a straw sale by BATF. 0 -
In the 2nd amd. it says shall not be infringed, why does age count. [:)]
They will toss ya in jail anyway. [8D] Got to be 21.0 -
I'm not sure what Florida State law is, but it is PERFECTLY LEGAL for anyone over the age of 18 to purchase a handgun, by FEDERAL LAWS. A dealer cannot sell to anyone under 21, but private sales are legal in most states. I am a dealer and I know the laws regarding this topic. 0 -
quote:Originally posted by ECC
I'm not sure what Florida State law is, but it is PERFECTLY LEGAL for anyone over the age of 18 to purchase a handgun, by FEDERAL LAWS. A dealer cannot sell to anyone under 21, but private sales are legal in most states. I am a dealer and I know the laws regarding this topic.
+ 1
It's ok in MI also, just not from a FFL.
Don0 -
It's legal in TN, but if you're not 100% sure about the legality or if the kid creeps you out in some way then always err on the side of caution and refuse the sale. 0 -
quote:Originally posted by p3skyking
If you sell, give, or loan it to anyone under 21, you are in violation of some child safety law that I have to have a poster about in the shop. I would not sell it to him.
P3, I'm looking at the same poster and while a dealer can't sell to under 21, like ECC said an individual can. At least that's the way I always understood it, on a federal level.
No.3 on the poster says:
"Federal Law prohibits, except in certain limited circumastances, anyone under 18 years of age from knowingly possessing a handgun, or any person from selling, delivering, or otherwise transferring a handgun to a person under 18."
Ben0 -
quote:Originally posted by gesshooo
Unlicensed, private individuals can sell rifles and handguns to anyone 18 and older, assuming they're not otherwise prohibited.
Uhh, doesn't that sum it up right there?0 -
quote:Originally posted by ECC
I'm not sure what Florida State law is, but it is PERFECTLY LEGAL for anyone over the age of 18 to purchase a handgun, by FEDERAL LAWS. A dealer cannot sell to anyone under 21, but private sales are legal in most states. I am a dealer and I know the laws regarding this topic.
+1 He is right.0 -
quote:Originally posted by ECC
I'm not sure what Florida State law is, but it is PERFECTLY LEGAL for anyone over the age of 18 to purchase a handgun, by FEDERAL LAWS. A dealer cannot sell to anyone under 21, but private sales are legal in most states. I am a dealer and I know the laws regarding this topic.
Agreed.0 -
Why else would you be able to lawfully posess a concealed carry permit and not own a handgun? 0 -
ECC is correct, Florida law allows handgun sales to 18 to 21 year olds by private individuals. However I dont think a person in his right mind would do it anyway. Get the parent, let them buy the gun and then give it to him as a gift.. That way no beef from anyone.. 0 -
i thought all handgun transactions had to go through a dealer. 0 -
quote:Originally posted by hk-91
i thought all handgun transactions had to go through a dealer.
Guess you weren't thinking? [:)] It depends on which State you live in,here in Maine a person can sell a handgun to another person with out a FFL involved.[:)]0 -
...if, and rarely when I sell a handgun as an individual, I state the buyer must have proof of being 21.
I state cleary in the ad that I don't care about what the state or Federal law says...MY law is 21 and above; no exceptions...[;)]
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I think chappsyny said it best, and I'll err on the side of caution. 0 -
IMHO Anyone who personally imposes more strict regulations than are required by Federal and State laws is letting their paranoia infringe upon our second amendment rights. They are playing right into the hands of the anti-gunners. 0 -
quote:Originally posted by bigtire
IMHO Anyone who personally imposes more strict regulations than are required by Federal and State laws is letting their paranoia infringe upon our second amendment rights. They are playing right into the hands of the anti-gunners.
As far as I'm concerned I would rather protect my freedom by working to prevent more restrictive laws and change the existing ones than to hold vigil from a prison cell.0 -
Well said. 0 -
Even if he could get the gun...you have to take into account that you have to send it to an FFL to do the transfer. I KNOW he won't get the gun from the FFL holder....and if someone other than he tries to do the transfer it looks like a "straw purchase" and can get the dealer in trouble. I wouldn't do it just to prevent the hassle for the dealer on the other end. It can get pretty bad for him if it goes all wrong when transfer time comes. 0 -
quote:Originally posted by Classic095
ECC is correct, Florida law allows handgun sales to 18 to 21 year olds by private individuals. However I dont think a person in his right mind would do it anyway. Get the parent, let them buy the gun and then give it to him as a gift.. That way no beef from anyone..
I agree, why take that chance. What if this young man is not of sound mind, is a mental, intent on sucide or murder. I would refuse until the young man is 21. Just my opinion.
I put an ad in the paper in California back in 1979 to try to sell a few guns to raise some cash. This was at a time when it was legal to do this. The ad was answered by a man who chatted for some time with me offered to buy the gun cash and then at the end of the conversation said, "oh, by the way I am not 21, and my parents won't sign to buy a gun for me". I thought a min and said no I can't sell to anyone under 21. I heard a click and realized there were two folks on the phone and heard a comment that "he is on to us" then a hang up. It was a clear set up that someone was trying to nail my hide to the wall.[:0][:0]
Nowdays you have to be even more carefull and not take chances. Not worth an invasion of BATF agents into your home knocking down doors, killing your dogs, pulling your files and computers, etc and slaming your butt into jail.[:0]
If you are a LEO the risk is much less, but for the average banana that owns guns, why take any chances. Stay way over the line on the legal side.[^]0 -
quote:Originally posted by tpd4722
quote:Originally posted by bigtire
IMHO Anyone who personally imposes more strict regulations than are required by Federal and State laws is letting their paranoia infringe upon our second amendment rights. They are playing right into the hands of the anti-gunners.
As far as I'm concerned I would rather protect my freedom by working to prevent more restrictive laws and change the existing ones than to hold vigil from a prison cell.
Do you also drive 30mph in a 45mph zone just to be sure you don't get a ticket?0 -
quote:Originally posted by Locust Fork
Even if he could get the gun...you have to take into account that you have to send it to an FFL to do the transfer. I KNOW he won't get the gun from the FFL holder....and if someone other than he tries to do the transfer it looks like a "straw purchase" and can get the dealer in trouble. I wouldn't do it just to prevent the hassle for the dealer on the other end. It can get pretty bad for him if it goes all wrong when transfer time comes.
Face to face transactions between individuals in Florida as well as here in Kansas do not require transfer through an FFL or background checks.0 -
BigTire...I could not agree more! 0 -
BIGTIRE, I believe you. But can you direct me to the spot where I can read this? In my first post, this is what the Young Man Emailed me. I know what it says, but I am unclear as to what it means. I guess I'm saying that, it seems to leave room for doubt. Especially sinse he(the 20 year old) sent it to me.
THANKS
The age of majority in Florida is 18. Licensed dealers can sell long guns to anyone 18 and older and handguns to anyone 21 and older, assuming they're otherwise not prohibited.
Unlicensed, private individuals can sell rifles and handguns to anyone 18 and older, assuming they're not otherwise prohibited.
Licensed Florida gun dealers (FFLs) are governed by federal law as are all licensed gun dealers. The applicable code is in Title 18, Section 922 of the US Code, as follows. The Code does not concen itself with private sales between unlicensed individuals.0 -
Just a footnote:
So there is no misunderstanding,this isn't paranoia! I just want to know what the law really is.
THANKS0 -
quote:Originally posted by tpd4722
quote:Originally posted by bigtire
quote:Originally posted by tpd4722
quote:Originally posted by bigtire
IMHO Anyone who personally imposes more strict regulations than are required by Federal and State laws is letting their paranoia infringe upon our second amendment rights. They are playing right into the hands of the anti-gunners.
As far as I'm concerned I would rather protect my freedom by working to prevent more restrictive laws and change the existing ones than to hold vigil from a prison cell.
Do you also drive 30mph in a 45mph zone just to be sure you don't get a ticket?
No, but your reckless, loose interpretations and unwillingness to follow the established laws of the land don't do anything to help the the pro-gun cause. However on the other hand it is people like you that help fuel the anti-gunners.
If you break the established laws you only add fuel to their fire. And you will still end up having your freedom taken. Be obstinate if you wish, but you will end up with the label..."Criminal" if you do break the law.
Federal and state law in most states allow for anyone over the age of 18 to purchase and own handguns...what's so hard to comprehend about this???? The ONLY federal restriction on selling handguns to people under the age of 21, applies strickly to dealers. Private sales are legal under Federal law and most state laws...PERIOD.0 -
Bigtire, I must appologize, I misread your post and thought you had meant you would sell it no matter what the applicable laws said. I reread and discovered my mistake. 0 -
tpd4722
On the contrary, I'm being anything but reckless! I'm trying to find out some REAL information. Not heresay, conjecture, or opinion without basis.
The fact that I don't want to break the law, and wind up in jail, or lose what I've worked a lifetime to accomplish is certainly not reckless. If I just go ahead and sell my gun to a 20 year old, and am not sure if it legal, that would make me just plain
well you know.
As far as my interpretations, I don't have a clue of what you're talking about. All that I've done is ask a question. Please read what I am saying. I'm asking for help from someone who may have a bit more knowledge than I have.
Wow!! rough crowd0 -
Click on Florida on this page
http://www.nraila.org/GunLaws/Default.aspx#?st=FL
These are the ATF guidelines.
http://www.atf.treas.gov/firearms/faq/faq2.htm#b2
Even the Brady campaign website has information on the subject!
http://www.bradycampaign.org/legislation/state/viewstate.php?st=FL
I see nothing on the above sites that would prohibit the sale you are proposing.
The local BATFE office is in Ft. Myers (941)334-8086. Why not give them a call (from a pay phone like someone else suggested) and ask?0
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