Purchasing a firearm in another state(Florida)

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R35GTR

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So here’s the deal, I’m a resident of NYC but I have a vacation home in Florida. Anytime I go to Florida I’d go with my friends to the range and use their guns. However I was wondering if I could purchase my own rifle(an AR-15) in Florida. Is this possible with me having NY ID? I’ve read that you can purchase a firearm if you are not a resident of Florida and if that firearm complied with laws in my state of residence. But with an AR-15 that wouldn’t be possible. Seeing as I have a vacation home in Florida is it possible?
 
In Florida, you must be a Florida resident, with Florida ID, i.e. a Florida drivers license.
I believe you may posess a weapon as an out state resident, if you are allowed in your home state, but, you may not purchase a weapon.
 
There are going to be 3 sets of laws you need to be concerned with here: NY, FL, and federal. Under federal law, a person (non-licensee) may purchase a long gun in a state other than his or her state of residence under certain conditions. One of those conditions is that the sale comply with the laws of both states. See 18 USC 922(b)(3).

That said, I don't know if there's any way to establish dual residency for firearms purposes. I've heard the concept tossed about a time or two, but I've never taken the time to research it.
 
You can be a resident for part of a year on one state, and part of a year in another. The key thing would be establishing Florida residency for the part of the year you are physically present there. Obtaining a Florida driver's license would be important. Vacationing in Florida for, say, a month probably wouldn't cut it. There has to be an intention to make the state your home.
 
Does it matter if utility bills come in my name at the vacation home? Because I read that on one of the forums if you show proof a residency you will be able to purchase any firearm if your ID is non Florida. Also on forum 4473 it says
“If the transferee/buyer has two States of residence, the transferee/ buyer should list his/her current residence address in response to
question 2 (e.g., if the transferee/buyer is purchasing a firearm while staying at his/her weekend home in State X, he/she should list the address in State X in response to question 2).” Wouldn’t my vacation home technically count as a weekend home? So therefore I would have to put the address of my home in Florida making it legal to purchase any firearm legal in the state of Florida? Or would I still have to comply with the “it has to be legal in the state of residence also” I would like to point out that I spend usually spend a month or greater in Florida if that would help clarify anything.
 
Does FL have a State ID Card? (Not a DL). If so and you have property in FL, you might try for one of them.as holding a DL from two different States at the same time is frowned on.
 
If you OWN a residence in the State of Florida, Yes you may buy a firearm, (rifle or pistol) if you provide verification that you own the residence. Tax Bill, Utility Bill State ID etc.

The problem is that the firearm must be legal in your other State (NY) so not know what NY laws are I can't say

Note just owning a piece of land is NOT establishing a residence it must be a home maintained (condo, house, mobile etc)

https://www.atf.gov/questions-and-a...tate-and-owns-property-another-state-purchase

May a person who resides in one State and owns property in another State purchase a firearm in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.
 
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Does FL have a State ID Card? (Not a DL). If so and you have property in FL, you might try for one of them.as holding a DL from two different States at the same time is frowned on.
I used to have a Florida drivers license but due to business and insurance stuff I had to get a back my NY DL.
 
So here’s the deal, I’m a resident of NYC but I have a vacation home in Florida. Anytime I go to Florida I’d go with my friends to the range and use their guns. However I was wondering if I could purchase my own rifle(an AR-15) in Florida. Is this possible with me having NY ID? I’ve read that you can purchase a firearm if you are not a resident of Florida and if that firearm complied with laws in my state of residence. But with an AR-15 that wouldn’t be possible. Seeing as I have a vacation home in Florida is it possible?


But you said in the orginal post that it is not legal in NYC??
 
If you OWN a residence in the State of Florida, Yes you may buy a firearm, (rifle or pistol) if you provide verification that you own the residence. Tax Bill, Utility Bill State ID etc.

The problem is that the firearm must be legal in your other State (NY) so not know what NY laws are I can't say

Note just owning a piece of land is NOT establishing a residence it must be a home maintained (condo, house, mobile etc)

https://www.atf.gov/questions-and-a...tate-and-owns-property-another-state-purchase

May a person who resides in one State and owns property in another State purchase a firearm in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.
Seeing as utility bills are under my name, would a utility bill prove that I am a residence for certain times of the year?
 
The problem is that the firearm must be legal in your other State (NY) so not know what NY laws are I can't say
If you are buying as a Florida resident, the Florida laws apply and the NY laws become irrelevant. The rule that both states' laws must be complied with is only when a resident of one state buys a long gun in another. In this case, if Florida residency is established, the NY residency drops off the radar.
 
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Does FL have a State ID Card? (Not a DL). If so and you have property in FL, you might try for one of them.as holding a DL from two different States at the same time is frowned on.
You're in luck regarding a Florida driver's license. Florida does issue a license to someone holding a license from another state.

https://www.carinsurance.com/two-drivers-licenses.aspx

The one state that we are aware of that allows you to obtain a second license is Florida. The Florida Department of Highway Safety and Motor Vehicles (HSMV) states that part-time residents may elect to retain their valid out-of-state license and receive a Florida license which states "Valid in Florida Only." So in most all states one has to turn in or exchange their previous state's license for a new license when they move to a new state, but Florida allows you to keep your other state's license and carry a Florida only license.

What allows this is Florida Statute section 322.03(1)(B) which states that a person who does not drive a commercial motor vehicle is not required to surrender a license issued by another jurisdiction, upon a showing to the department that such license is necessary because of employment or part-time residence.
ETA: Unfortunately, this reference is out of date. "Florida only" licenses were discontinued as of November 1, 2009.
 
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If you are buying as a Florida resident, the Florida laws apply and the NY laws become irrelevant. The rule that both states' laws must be complied with is only when a resident of one state buys a long gun in another. In this case, if Florida residency is established, the NY residency drops off the radar.

BTW, this thread has been attacked by a spammer. The mods need to do something about that.
I believe @AlexanderA is correct on this. I was thinking about a resident of one state buying a long gun in another state, not someone with dual residency. Goodness, this legal stuff is complicated!
 
If you are buying as a Florida resident, the Florida laws apply and the NY laws become irrelevant. The rule that both states' laws must be complied with is only when a resident of one state buys a long gun in another. In this case, if Florida residency is established, the NY residency drops off the radar.

BTW, this thread has been attacked by a spammer. The mods need to do something about that.

Actually to buy a LONG gun in Florida you do not need to be a Florida Resident. If you are not a resident then the Law of your home State applies. if you plan on bringing it back

If the OP plans on leaving the AR 15 here in Florida (as he states they are illegal in Fl) than perhaps he can do that??

https://www.fdle.state.fl.us/FPP/FAQs2.aspx

Must be a Florida resident to purchase a handgun. Long guns may be purchased by persons who are residents of other states so long as the sale complies with applicable laws in the purchaser’s state of residence.
 
Actually to buy a LONG gun in Florida you do not need to be a Florida Resident. If you are not a resident then the Law of your home State applies. if you plan on bringing it back

If the OP plans on leaving the AR 15 her in Florida (as he states they are illegal in Fl) than perhaps he can do that??
Yes, I do plan on leaving it in Florida.
 
You're in luck regarding a Florida driver's license. Florida does issue a license to someone holding a license from another state.

https://www.carinsurance.com/two-drivers-licenses.aspx

The one state that we are aware of that allows you to obtain a second license is Florida. The Florida Department of Highway Safety and Motor Vehicles (HSMV) states that part-time residents may elect to retain their valid out-of-state license and receive a Florida license which states "Valid in Florida Only." So in most all states one has to turn in or exchange their previous state's license for a new license when they move to a new state, but Florida allows you to keep your other state's license and carry a Florida only license.

What allows this is Florida Statute section 322.03(1)(B) which states that a person who does not drive a commercial motor vehicle is not required to surrender a license issued by another jurisdiction, upon a showing to the department that such license is necessary because of employment or part-time residence.
Wow, I didn’t know that.
 
Actually to buy a LONG gun in Florida you do not need to be a Florida Resident. If you are not a resident then the Law of your home State applies. if you plan on bringing it back

If the OP plans on leaving the AR 15 here in Florida (as he states they are illegal in NY) than perhaps he can do that??
The problem is that the OP's other state of residence is NY. The NY SAFE act would preclude the purchase of the AR-15. It wouldn't matter if he intended to leave it in Florida, if he tried to buy it as a NY resident. The dealer just wouldn't sell it to him. (And he would have to buy from a dealer. He couldn't buy from an individual.)

The way to do this is to buy it as a Florida resident. Then everybody involved could just disregard the NY residency. As a Florida resident, the OP could buy from a dealer or from an individual, the same as any other Florida resident.
 
Yes, I do plan on leaving it in Florida.

Well had you said that in the OP things may have been easier.:)

Assuming you own and maintain a residence and "intend to stay" for a period of time, it is up to you to establish proof of residency

It is much easier going to a FFL with a Fl DL or FL ID then farting around with other forms of proof (like bills, tax records etc)

If you have that you can buy and legal firearm

Good Luck
 
You're in luck regarding a Florida driver's license. Florida does issue a license to someone holding a license from another state.

https://www.carinsurance.com/two-drivers-licenses.aspx

The one state that we are aware of that allows you to obtain a second license is Florida. The Florida Department of Highway Safety and Motor Vehicles (HSMV) states that part-time residents may elect to retain their valid out-of-state license and receive a Florida license which states "Valid in Florida Only." So in most all states one has to turn in or exchange their previous state's license for a new license when they move to a new state, but Florida allows you to keep your other state's license and carry a Florida only license.

What allows this is Florida Statute section 322.03(1)(B) which states that a person who does not drive a commercial motor vehicle is not required to surrender a license issued by another jurisdiction, upon a showing to the department that such license is necessary because of employment or part-time residence.

This right here solves all the problems.

Many dealers won't sell you a firearm if the address on your ID doesn't match the ID on the 4473. Since buying an AR15 isn't legal in New York you can't buy one in Florida with a NY ID.

Get that Florida only DL and you're golden. Your address will match your ID and for all intents and purposes you're a Florida resident.
 
Interesting about FL issuing "State Only" DL's. I never heard of that before. (Of course, I live about as far from FL as is possible within the contiguous 48.) I did have a AZ State ID a number of years ago when we would winter in AZ in our RV. As I remember the RV park provided me with a rent receipt and that was enough to get the State ID. (Don't know if that would fly today....)
 
I had a Florida and New York licence until 2015. When I went to renew the Florida licence in 2015, I was told by motor vehicle dept. they no longer will issue dual drivers licences because of new homeland security guidelines. If I wanted to keep my FL. licence, I had to give up my New York one. This was also verified by Florida Hi way Patrol. I do maintain a residence in Florida.
 
I had a Florida and New York licence until 2015. When I went to renew the Florida licence in 2015, I was told by motor vehicle dept. they no longer will issue dual drivers licences because of new homeland security guidelines. If I wanted to keep my FL. licence, I had to give up my New York one. This was also verified by Florida Hi way Patrol. I do maintain a residence in Florida.
So I would no longer be able to get a Florida license then?
 
The problem is that the OP's other state of residence is NY. The NY SAFE act would preclude the purchase of the AR-15. It wouldn't matter if he intended to leave it in Florida, if he tried to buy it as a NY resident. The dealer just wouldn't sell it to him. (And he would have to buy from a dealer. He couldn't buy from an individual.) . . . .
Really?!? A NY/FL resident may not buy an AR: (1) in FL; (2) that he intends to leave in FL?
 
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