Florida Firearm legality at 18

[Shireboy]

Hey, I'm about to turn 18 and after looking at the Florida statues; it doesn't say anywhere that I wouldn't be to own a handgun or long gun. It does say that an 18 year old may not purchase from a license dealer, but CAN purchase from an individual or receive a gift of said firearm. I am asking in regard to hunting. Statutes & Constitution :View Statutes : Online Sunshine

I have looked every where and the only direct government site regarding this issue is at the ATP here: May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

This should mean that a Florida resident can purchase firearms (both handguns and long guns) from an individual (or receive them as a bonafide gift) without documentation. And also that that same individual between 18-21 can have said firearm in their home and vehicle just the same as a full fledged adult. I know that someone cannot purchase firearms for another person, EXCEPT AS A GIFT, but private sale seems to be fully open. Also, the gun needs to "securely encased" when in a vehicle, which is defined as in a zipper bag, glovebox, or holster when in the vehicle. Thanks for any legal responses here.
https://www.fdle.state.fl.us/FPP/FAQs2.aspx
https://www.nrablog.com/articles/2016/7/buying-and-selling-firearms-part-6-straw-purchases/

 

[CapnMac]

This may be the "sticking place"

(13) A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A person who violates this subsection commits a felony of the third degree,

So, it looks like getting a firearm by gift or inheritance is legit, but not purchase.

Ok, then I find this:

(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 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 or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

790.0655 gives us this (emphasis added):

790.0655 Purchase and delivery of firearms; mandatory waiting period; exceptions; penalties.—
(1)(a) A mandatory waiting period is imposed between the purchase and delivery of a firearm. The mandatory waiting period is 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks required under s. 790.065, whichever occurs later. “Purchase” means the transfer of money or other valuable consideration to the retailer. “Retailer” means and includes a licensed importer, licensed manufacturer, or licensed dealer engaged in the business of making firearm sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in s. 212.02(13).

So, it does look like a person 18-21 could engage in a legal FTF.

 

[Kleanbore]

I'm not about to offer an opinion on this.

The internet is not a good source of legal advice. Consult an attorney.

 

[1942bull]

I agree with @Kleanbore. Legislative language has to be interpreted based not just on the text, but also on other sections of the particular or other law that might contravene. Then there is the case law which can often further alter the interpretation of the text of a statute. A little bit of money spent on expert advice could save a lot of money for defending oneself. Also a legal mistake at 18 could take you ought of ever owning a gun.

 

[CoalCrackerAl]

The OP was on another forum asking too. Guess he was not happy with the same answers there he got here.

 

[The Glockodile]

The law in itself can be treacherous...

 

[Telum Pisces]

FL laws are contradictory right now and will probably take a test case to prove them out unfortunately.

 

[Shireboy]

The OP was on another forum asking too. Guess he was not happy with the same answers there he got here.

I figured that someone would point this out, and yes I was on two other forums to reach as many people as possible to get some good answers. Thank you to everyone that gave me answers. I guess no one has ever really looked into this before (I have had a hard time finding answers). I should take everyone's advise and find a good lawyer to look into the specifics.

 

[1942bull]

I figured that someone would point this out, and yes I was on two other forums to reach as many people as possible to get some good answers. Thank you to everyone that gave me answers. I guess no one has ever really looked into this before (I have had a hard time finding answers). I should take everyone's advise and find a good lawyer to look into the specifics.

Good outcome. Go for it.

 

[Dan Forrester]

You might want to get a copy of Jon Gutmatcher’s book on Florida firearms law. Jon Gutmatcher is a Florida based Criminal defense Attorney. He addressed this question on his blog here.

https://www.floridafirearmslaw.com/florida-firearm-laws-short-questions-answers/

 

[MedWheeler]

(13) A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A person who violates this subsection commits a felony of the third degree,..

It looks like the first line prohibits the under-21 buyer from making a purchase (and doesn't say from whom), and the rest prohibits any seller who is a Federal Licensee from making a sale to an under-21 buyer.

So, it appears you can inherit or be gifted a firearm while under 21, but cannot purchase one. A Federal Licensee is prohibited from selling you one, but the law doesn't seem to say that an unlicensed seller would be so prohibited; only the buyer is.

It does sound like this statute, much of which was passed in haste as part of a "knee-jerk" reaction to Stoneman-Douglas, needs some cleaning up. It's concerning that the legal definition of "purchase" isn't provided until a later section in the statutes than the section prohibiting a "purchase."

 

[Dibbs]

Shireboy, this is like Green Eggs And Ham. WE do NOT, Will NOT encourage you to try to circumvent the LAW. WE legal gun owners possess firearms, because WE FOLLOW THE INTENT OF THE LAW.

"Nobody's ever looked into this before." ??? Really ? Search the forums posts, over at NGF, somebody underage posts, about every three weeks, asking how to circumvent firearms age law. This isn't a new trail you're blazing, you're traveling down a 6 lane one way highway, one of the main signs says "Abandon All Hope, Ye Who Enter" .

You may keep trying, but it's VERY UNLIKELY somebody's going to come along, and just tell you to break the law, or attempt to circumvent it.

You should know, if you are convicted of a firearms violation, it's "One and done". You will never own a firearm, legally, ever again. Seek NRA training. This is something you CAN do, in order to be ready, when you are 21 years of age.

 

[Dunross]

You might want to get a copy of Jon Gutmatcher’s book on Florida firearms law. Jon Gutmatcher is a Florida based Criminal defense Attorney. He addressed this question on his blog here.

https://www.floridafirearmslaw.com/florida-firearm-laws-short-questions-answers/

It appears the young man's question is answered here.

Cannot purchase, but may possess or legitimately be gifted a firearm under the age of twenty one.

Thanks for posting this, Dan, as I'm sure there are a number of folks living in Florida who will find this good to know.

 

[George P]

You might want to get a copy of Jon Gutmatcher’s book on Florida firearms law. Jon Gutmatcher is a Florida based Criminal defense Attorney. He addressed this question on his blog here.

https://www.floridafirearmslaw.com/florida-firearm-laws-short-questions-answers/

Jon is THE man when it comes to Florida gun laws