GUN Where can I find the federal or state law which stipulates...

Discussion in 'On Topic' started by Accord, Dec 29, 2005.

  1. Accord

    Accord New Member

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    First off, can anyone here tell me if this is a FEDERAL law or just a state law here in Florida? Secondly, does anyone know where I can find the federal or state statute/law which specifically states that it's legal to POSSESS a handgun when you're over 18 but just not buy one?

    The idiots at this range I want to go to said the law is you can't even possess or own a handgun at 18, it's 21 to buy and possess one all of you and I know is completely false. I want to print out the statute/law and laminate it and carry it with my everytime i'm in the car traveling to the range and at the range incase anyone tries to hassle me about not being 21 yet but still having a handgun.

    Thanks
     
  2. Accord

    Accord New Member

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    I found Florida statute 790.25(5) but that doesn't really say much of anything :dunno:
     
  3. Fidel Castro

    Fidel Castro OT Supporter

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    When reading laws it sometimes takes a little research.

    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 blah blah



    "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. *this is from 790.001*

    "Conveyance" means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and "to enter a conveyance" includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term "conveyance" means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist. *this is from 810.011*
     
  4. mvizos

    mvizos New Member

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    according to ATF:

    http://www.atf.gov/firearms/faq/faq2.htm#f6

    (F6) Does a customer have to be a certain age to buy firearms or ammunition from a licensee? [Back]

    Yes. Longguns and longgun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some state and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If state law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement. [18 U. S. C. 922( b)( 1), 27 CFR 178.99( b)]

    -----------------------------------------------------

    If you're buying from a dealer, you've gotta be 21. If your state allows it, you can buy a handgun from a private party at 18.
     
  5. Accord

    Accord New Member

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    Thanks that's exactly what I was looking for.
     
  6. Accord

    Accord New Member

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    :eek3:

    How can I find out if Florida is one of those states?
     
  7. Bigsnake

    Bigsnake OT Supporter

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    Search around your state webpages!

    I was able to get a .pdf with a bunch of state laws for handguns and guns in general off the LA State Police webpage.
     
  8. Accord

    Accord New Member

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    If I buy a gun off gunbroker.com from a private person, are they required to ship to an FFL or can they ship directly to me?
     
  9. Bigsnake

    Bigsnake OT Supporter

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    If they are out of state, then it goes to a local FFL.
     
  10. Accord

    Accord New Member

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    If they're in-state, they can ship directly to my doorstep?
     
  11. Bigsnake

    Bigsnake OT Supporter

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    No, but you might be able to arrange a face-to-face transfer. But since I see a lot of FFLs on gunbroker, then you still might be buying from one, even in-state.

    Not even sure if you could do that as I've never purchased off gunbroker to see how there system is seutp.
     
  12. Fidel Castro

    Fidel Castro OT Supporter

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  13. chakup

    chakup Guest

    Well to repeat the rest FFL's must follow federal law so 21+, state law may vary.. do a search for florida state statutes, and then from there search for handgun, etc.
     
  14. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    if Fl allows under 21, you could also have say a parent purchase the weapon and give it to you as a gift, as long as its legal for under 21 to possess a handgun, and theres no reason you cann't own a firearm it wouldnt be considered a staw purchase.
     
  15. striker754

    striker754 Chillin

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    If one holds a FFL license, even face to face, you must be 21.

    Since FFL has a license from the govt, and the govt has control of interstate commerce, they have to follow federal law.

    State laws vary on possession age.
     

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