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selling a firearm in Fla.
Dave45-70
Member Posts: 637 ✭✭✭
Can a non-resident visiting in Fla. sell a long gun at a gunshow to A Fla. resident? I like to hit the shows while I'm there and would like to take a nice military rifle with me. thanks
Comments
Federal law allows the sale of a long gun or a handgun between private parties of the same state as long as the purchaser is 18 years of age or older. An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state.[8]Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence.[8
I see it done all the time at some Flea Mkts here. Some people just assume if you are here in Florida you are a resident.. Dont make it right though....
The stockade at Eglin AFB is one of the nicer federal jails they send "white collar" criminals to. Just remember to shove your towel under the cell door at night, or else you'll wake up with snakes in your bed (they don't bite much, they just want to share your body warmth).
Neal
Sales are supposed to be Resident to Resident,
Federal law allows the sale of a long gun or a handgun between private parties of the same state as long as the purchaser is 18 years of age or older. An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state.[8]Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence.[8
I see it done all the time at some Flea Mkts here. Some people just assume if you are here in Florida you are a resident.. Dont make it right though....
Dosnt make it right, or do you mean dosnt make it legal?[:)] Still, if I where you, I would avoid possibly doing something that might land you in jail...for all you know you would sell to an undercover F-trooper and then he would ask (after money changed hands of course) to prove you are a florida resident.
Interesting question - what if BOTH you and the buyer are visiting in that third state? Can an FFL in the state you are both standing in handle the sale? Now, that's one I don't know. [:)]
This situation comes up pretty frequently. You are at an out of state match or on a hunting trip and a local admires your gun and makes an offer. We KNOW that shipping or mailing a gun out of state requires reception by an FFL, but it just FEELS like we can do a standard "face to face" sale when we are standing there talking to the buyer. Unfortunately, the BATFE doesn't care whether you paid someone to transport the gun or you transported the gun yourself. If the buyer is a citizen of a state other than your's, you'll need an FFL based in the buyer's state.
Interesting question - what if BOTH you and the buyer are visiting in that third state? Can an FFL in the state you are both standing in handle the sale? Now, that's one I don't know. [:)]
You can acquire long guns in a state other than your state of residence, but not pistols.
So a mass resident could buy a rifle from a Utah resident in the state of Tennessee with the help of a dealer.
Pistols have to be sent to your dealer in your home state.
Sure you can sell a long gun in Fl. There aren't any rules on long gun sales from person to person!!!
There are Rules,, In Florida, residence is required, and one cannot knowingly sell to anyone that would be prohibited by law to purchase a firearm,, One must insist on Fla. Drivers License or some sort of State ID to establish the Residency requirement..THIS applies to Both Long guns and hand guns.
There are basically no other restrictions on the sale of firearms between two private individuals in the State of Florida...
----IF it is transferred to you by an FFL licensed in that state AT HIS LICENSED PREMISES, &
----IF such transfer is legal in both the state he is in AND in your city/county/state.
While most FFL's are comfortable with the laws in their own states, not many are willing to determine what is legal in some other state.
Neal
This provision of the GCA was amended in 1986 to allow FFLs to sell or dispose of long guns to residents of any other state (not just contiguous states) provided - (1) the transferee meets in person with the FFL to accomplish the transfer; and (2) the sale, delivery and receipt fully comply with the legal conditions of sale in the buyer's and seller's States.
A number of States patterned their laws after the original provision of the GCA that allows nonresidents to purchase long guns from FFLs only in contiguous states. Many of those States have not revised their laws to reflect the 1986 amendments to the GCA that allow over-the-counter sales of long guns to residents of any State, as outlined above. This has caused confusion among FFLs, who often read such "contiguous state" State laws as prohibiting sales to residents of noncontiguous states.
ATF does not read State laws that refer to "contiguous states" as prohibiting sales of long guns to residents of noncontiguous states unless the language contained in that State's law expressly prohibits residents from acquiring firearms outside that State. Thus, if the language in the State laws authorizes sales of long guns to residents of contiguous states, that State law also authorizes the sale of long guns to residents of all other states.
FFLs who have questions about particular State laws should contact their nearest ATF office.