Firearms purchasing in Florida

Hi,

Not quite the same wording but the subject was raised earlier.

http://www.yachtforums.com/forums/102341-post5.html

Can't you buy them used from a Gun Fair? No paperwork or waiting needed, IIRC.

Hi,

That is how it used to be but not sure now.

I have had a couple of PM's with the OP. It seems he needs to identify the make, model, serial No's before he leaves Australia in order to get the correct paperwork to arrive with.

If they are 1/2 as difficult as NZ in regard to arriving with hardware I would not like to arrive and have ANYTHING out of place.

Not sure if you know the story of the first Katalina (now Georgiana). After she finished her circumnavigation she passed through the Suez Canal and onto Greece.

While clearing customs they saw she had a few weapons on board, all fully accounted for. They tried to arrest her for arms smuggling, angling for a bribe. The Skipper (our friend PD) decided to chuck them over the side and just bugged out of Greece without clearing in.

I'm sure you wouldn't be able to do such a thing these days. On the 2nd Katalina we made sure they were much better hidden that time.

I bought a handgun recently in the Phoenix area that was advertised in the newspaper. Met the seller in a shopping center parking lot. I examined the gun, gave him the money and drove away. Quick, clean, no names, no paperwork.

BTW I have a residence down there but he didn't know that and wouldn't have cared anyways.

Again, private sales between state residents are legal. Private sales to a resident of another state are not.

The seller has the legal responsibility to ascertain that the buyer is a resident.

Selling a firearm to an out of state resident must be completed through a licensed dealer in the residents state.

Only if you are a resident. And a 4473 is still required if the seller is a dealer.

Gun shows in NY (at least downstate) are very explicit - no parking lot sales. Everyone selling inside must be an FFL, so if they sell outside they jeopardize their FFL and risk felony charges. If you show up with anything to sell, it must be transacted through an FFL inside. The state troopers and ATF were watching, ready to arrest. This applies to all firearms; sidearms, longarms, and antiques alike.

Actually, AZ does allow concealed carry, with a permit.

I prefer concealed carry. I don't want the bad guy to know that I am armed. Advertising the fact that you have a weapon is asking for trouble. I have lived in both concealed carry and open carry states. CC is the way to go, IMO.

A couple of nice pieces in the news this week.

http://www.timesonline.co.uk/tol/news/world/afghanistan/article7113916.ece

http://www.thesun.co.uk/sol/homepage/news/campaigns/our_boys/2960837/Sniper-shoots-5-Taliban-in-28-seconds-in-Helmand-Afghanistan.html

Anyone wish they had one of these?

For the sake of this discussion we are only talking about handguns (pistols/revolvers/etc.) Long guns are governed by a different set of rules.

According to Federal Law an individual can buy a firearm and give it to another legal individual as a gift. They are considered two separate transactions. The purchase and then the gifting. How to do it depends on where the receiver of the gift resides.

If the receiver lives in another state from the giver, a Federal Firearms Licensee must be used to transfer the firearm. This is because the second transaction (the gifting) is considered an interstate transfer which is governed by Federal Law. There are two ways to make the transfer. The giver can have an FFL in their state transfer it to an FFL in the state where the receiver reside or the giver can directly send the firearm to an FFL in the receivers' state. Although the first seems more of a hassle and costly, the FFL knows the proper way to ship firearms via common carrier (which if not done correctly is also a violation of law.) An added benefit of using either method is it protects both individuals as the FFL will ensure neither is violating their respective state laws or federal law.

Firearm's transferred (sold/traded/gifted/etc) between residents of the same state are governed by state law, which there are 50 variations. Both residents are responsible for ensuring that they meet the requirements of the state that the firearm is being transferred in.

In Rcontrera's post, his friend commited a felony which is known as a "Straw purchase" if Rcontrera gave him the money to purchase the firearm. This would be an obvious lie to circumvent the law. Thus this type of transaction is also known as "Lying and Buying." His friend would have lied on the ATF F 4473 Question, 11A where it asks if the buyer is actually buying it for themselves. Rcontrera conspired with his friend and thus would be facing conspiracy charges (another felony.) There is no waiting time to gift a firearm. A gift is a gift, it just needs to be transferred properly.