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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quote:Originally posted by tpd4722
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.
No Problem, I would never knowingly run afoul of the BATFE. They don't play around!
This kind of thing just touches a nerve with me. I also get ticked off when FFL dealers state they will only accept gun shipments from other FFLs. [:(!]0 -
Sorry, I missed the one about driving 30 in a 45!
Let me help you. More than likely I'll be doing about 54 mph. That's if conditions permit. Further, I don't believe that getting a summons for 9 miles over the limit will have the same impact on my life, as would selling a gun to an underage person. I'm just trying to avoid the summons. Why, would you continue to speed even if you saw the man with a radar gun, just to prove a point ???????0 -
quote:Originally posted by bigtire
quote:Originally posted by tpd4722
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.
No Problem, I would never knowingly run afoul of the BATFE. They don't play around!
This kind of thing just touches a nerve with me. I also get ticked off when FFL dealers state they will only accept gun shipments from other FFLs. [:(!]
I had occasion to talk to an agent for BATFE the other day (for work) and we started talking about class 3 stuff. I told him I would enjoy getting a suppressor and stuff but I didn't want to take any chances. I told him quite frankly it seemed as if his agency was pretty unforgiving when it came to violations, even accidental violations. He didn't seem to have much to say about that. Seemed like a nice enough guy though on a personal level.0 -
Yea, but jellyfish are pretty, and filled with a lot of venom. I'd rather avoid the problem. So I don't swim with jellyfish, if I can help it. 0 -
quote:Originally posted by gesshooo
Sorry, I missed the one about driving 30 in a 45!
Let me help you. More than likely I'll be doing about 54 mph. That's if conditions permit. Further, I don't believe that getting a summons for 9 miles over the limit will have the same impact on my life, as would selling a gun to an underage person. I'm just trying to avoid the summons. Why, would you continue to speed even if you saw the man with a radar gun, just to prove a point ???????
That post was in response to tpd4722, that's why his quote was right above my comment. it was in no way directed at you. Stick around and you'll get the hang of this forum stuff.0 -
I'm definitely gonna stick around. The greatest people on Earth are gun people. 0 -
In a private sale in Florida no paperwork is done, No FFL dealer is involved. One must use common sense when selling privately. It is Illegal to sell a gun to a non resident in Florida, You can not knowingly sell to a convicted felon. There is no such thing as a Private sale STATE TO STATE, those transactions must go according to interstate commerce and Federal Gun laws and the USE of an FFL is mandatory. Even in a private sale, it must be Resident to Resident.Private sales of hand guns as well as shotguns and rifles do not require and FFL in Florida. A bill of sale is always a good Idea also..[;)] 0 -
quote:Originally posted by Classic095
In a private sale in Florida no paperwork is done, No FFL dealer is involved. One must use common sense when selling privately. It is Illegal to sell a gun to a non resident in Florida, You can not knowingly sell to a convicted felon. There is no such thing as a Private sale STATE TO STATE, those transactions must go according to interstate commerce and Federal Gun laws and the USE of an FFL is mandatory. Even in a private sale, it must be Resident to Resident.Private sales of hand guns as well as shotguns and rifles do not require and FFL in Florida. A bill of sale is always a good Idea also..[;)]
Thank you. This was also my impression but I just wasn't sure. I have the green book which probably states this info, but it is packed away in my new house in Tennessee.
All I really wanted from this whole thread was to see where this is stated in writing. I didn't think it would be such a hot topic. Truly, I appreciate all of the input.0 -
quote:Originally posted by tpd4722
He didn't seem to have much to say about that. Seemed like a nice enough guy though on a personal level.
That's because he is a nice enough guy on a personal level. He's also an utterly uncompromising anti-gun crusader who would happily send you or anybody else to jail for 40 years without blinking an eye.
Trust me: nobody gets to be an FBI, DEA, or BATFE agent without their utter and unquestioning loyalty to the administration above all else having already been well established by mandatory polygraph.
There was a fellow in my company who was getting out of the Army around the same time as me. He was an older guy who already had a 4-year degree, and was considering applying for the FBI. They gave him a standard Security Clearance form to fill out, and also an FBI "Personnel Assessment Questionnaire" (I think it was called).
First and foremost, there was a red-box warning on the top and bottom of every page that disclosure of the contents by the applicant was considered Federal Espionage, punishable by about a lifetime in jail. The questions included such gems as:
"Would you be able to conduct an investigation, place an individual under arrest, or conduct an interrogation if ordered to by a superior, even if you had serious moral objections to doing so?"
"In matters of enforcing Federal law, which would you say is more important, privacy, or security?"
"Do you hold any strong moral beliefs on drugs or personally owned firearms that might cause conflict with any order given by your superior regarding them?"
The more you know, the paranoia grows...[V]0 -
OK guys, just a parting shot.(pun intended). I've been all over from Batf to The Brady bunch. It seems that it is OK on a Federal level to sell a handgun in a private sale to an individual over 18 years of age. It also seems to be that way in Florida. Please remember that I am talking about a private sale. If you are an FFL holder, then it's no good. Go figure. Some crime deterrent,but that's another post somewhere else. What the law basicly says, if I'm understanding it correctly is that I can sell the handgun to an individual that is at least 18, but not 21, and the FFL holder can't.This is government and law for ya!
Thanks again for all the great feedback.0
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