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Posted: 11/8/2018 1:44:01 PM EDT
[#1]
Quoted:
Looking at FL statute it states: 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. Not sure if that means just dealers, or all sales period? Eta: kid on armslist responded to my ad, don't want to sell to him without being sure. Verbage looks like private sales are okay, but the first line has me 2nd guessing that. Regarless of the law, I only do FTF sales with those who hold a CWL, which generally eliminates those under 21. (Might be different for active duty mil?) |
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Posted: 11/8/2018 2:24:57 PM EDT
[#2]
Good point. The law seems vague enough that I should just play it safe.
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Posted: 11/8/2018 6:48:48 PM EDT
[#3]
There is debate & no one can know for sure until a test case comes along. Some say that those are 2 separate statements. And as such the permission of the sale must meet both. Then there are others that take it as either or.
My take is the legislative intent was to cover all sales but as with ALL of that dumb sheet that passed it's vague & open to much interpretation. |
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Posted: 11/10/2018 9:33:44 AM EDT
[#4]
Here is the entire statute.
790.065 Sale and delivery of firearms. 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a service member as defined in s. 250.01. ----- Private sales are verboten. |
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Posted: 11/10/2018 10:32:25 AM EDT
[#5]
Not sure why the second line is needed if the first one covers everyone? If sales are prohibited to 21 and under why does it have to specify that FFL's and others can't sell to them?
Not disagreeing with everyone, just confused by the poorly written law. |
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Posted: 11/10/2018 3:51:55 PM EDT
[#6]
It is a poorly drafted law and as there are no court decisions on it (at least that I'm aware of), so nobody knows what it means.
The second sentence differs from the first as it includes that FFL's may not transfer firearms to those under 21. Maybe the idea was that this would be a way to enforce no sales to those under 21 when they implement universal background checks or it was targeted to out of state sales to those under 21 as that doesn't appear to be illegal as the sale happens out of state but then requires an in state FFL to handle the transfer for the under 21 adult to take possession. Personally, I wouldn't take the chance and sell to someone under 21. Don't take this as legal advice but it does not appear that the "sales to under 21" prohibits gifts to those under 21 as that isn't a sale so I figure the workaround (if sales to under 21 by individuals are in fact prohibited by the new law) will be to "Sell" something like the magazines, case, holster, ammo at a greatly inflated price and then give the gun to them for free (so not a sale of the gun). |
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Posted: 11/10/2018 9:27:05 PM EDT
[#7]
Yeah I told him he's shit outta luck and sent him the FL statute.
Maybe I could write up a bill of sale where you buy 2 magazines for $200 each and get a free rifle, haha. |
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Posted: 11/11/2018 11:50:32 AM EDT
[#8]
The day the idiots were discussing this bill, someone asked about the 18-21 purchased ban. They specifically asked about how it would apply to sales and gifts. The provision author said it was an outright ban on 18-21 purchases, both through a dealer and private sales. The author then said an 18-21 year old adult could obtain a firearm form their parents as a gift. There was discussion about parents rights and trusting their child with a firearm.
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Posted: 11/11/2018 1:21:58 PM EDT
[#9]
Sounds like it was intentional to only prohibit sales but not gifts with the thought that only parents would make a gift of a firearm but they failed to include language to restrict gifts from just parents.
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Posted: 11/11/2018 2:42:34 PM EDT
[#10]
Quote HistoryQuoted:
Sounds like it was intentional to only prohibit sales but not gifts with the thought that only parents would make a gift of a firearm but they failed to include language to restrict gifts from just parents. |
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Posted: 11/11/2018 3:18:19 PM EDT
[#11]
may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer.
This is the part that jumps out at me..... We pay good money to these people to do their job....and they fail us. Red |
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Posted: 11/11/2018 4:12:11 PM EDT
[#12]
Quote HistoryQuoted:
Here is the entire statute. 790.065 Sale and delivery of firearms. 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a service member as defined in s. 250.01. ----- Private sales are verboten. |
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Posted: 11/11/2018 5:19:12 PM EDT
[#13]
Quote HistoryQuoted:
That's pretty clear in its intent. Quote HistoryQuoted:
Quoted:
Here is the entire statute. 790.065 Sale and delivery of firearms. 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a service member as defined in s. 250.01. ----- Private sales are verboten. |
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Posted: 11/11/2018 8:16:23 PM EDT
[#14]
Quote HistoryQuoted: It says that they can not purchase a firearm but it does not say they can't being given one or make one. |
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Posted: 11/11/2018 9:13:24 PM EDT
[#15]
$300,000 a year buys a lot of cat food.
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Posted: 11/14/2018 12:21:00 AM EDT
[#16]
Sounds like if I was a 18yr old I would just build a few P80 Glocks and 80% Ar15 lowers.
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Posted: 11/14/2018 8:48:20 PM EDT
[#17]
Who knows!
Ambiguous law is ambiguous. Go figure  So, maybe it is OK for an18yo to legally buy a gun from a non-licensed Dealer thus bypassing any and all forms of criminal and mental background checks 
Or You sell a firearm to a 18-20 year old and become legally responsible for whatever happens next.  What a stupid, poorly worded, ignorant law 
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Posted: 11/15/2018 11:34:33 AM EDT
[#18]
I'm not required to verify age either.
As long as a person doesn't tell me they are under 21, or look like an obvious teenager, I'm not going to ask. I've never once asked to see an ID buying or selling. I'm not sure why people insist on going above and beyond whats required by law. Pretty soon all your bill of sales, checking permits or licenses is all going to be codefied into law and/or worse, it will be FFL only transfers with registration and background checks. And then what used to be a perfectly legal private sale, turns into a crime and it turns into police posing as buyers and sellers entrapping people. |
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Posted: 11/29/2018 4:01:09 AM EDT
[#19]
I don’t think it’s ambiguous at all. It says that people under 21 can’t buy a gun from anybody. Dealers can’t sell or transfer guns to them either. It does not prohibit non-dealers from transferring guns to them as long as it’s a gift. So, I can gift a gun to any 18-year-old legally. I think they worded it that way on purpose.
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Posted: 11/29/2018 7:40:28 AM EDT
[#20]
What about gifting a firearm to an individual younger than 18? If this commie nonsense ballot initiative actually passes, I would like to secure the right of my 2 nephews and stepson to be able to own an AR. Currently 1 nephew is 15 and another is 12 along with my stepson being 12 years old.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.22.html Section 3 under 790.22 states that can possess an UNLOADED weapon at home under age 18, so does that mean I’d be able to gift them AR’s prior to this as long as they are unloaded? I ask this due to this potential ballot initiative AWB nonsense... |
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Posted: 11/29/2018 8:32:20 AM EDT
[#21]
Quote HistoryQuoted:
What about gifting a firearm to an individual younger than 18? If this commie nonsense ballot initiative actually passes, I would like to secure the right of my 2 nephews and stepson to be able to own an AR. Currently 1 nephew is 15 and another is 12 along with my stepson being 12 years old. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.22.html Section 3 under 790.22 states that can possess an UNLOADED weapon at home under age 18, so does that mean I'd be able to gift them AR's prior to this as long as they are unloaded? I ask this due to this potential ballot initiative AWB nonsense... |
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Posted: 11/29/2018 9:09:16 AM EDT
[#22]
Quote HistoryQuoted:
What about gifting a firearm to an individual younger than 18? If this commie nonsense ballot initiative actually passes, I would like to secure the right of my 2 nephews and stepson to be able to own an AR. Currently 1 nephew is 15 and another is 12 along with my stepson being 12 years old. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.22.html Section 3 under 790.22 states that can possess an UNLOADED weapon at home under age 18, so does that mean I’d be able to gift them AR’s prior to this as long as they are unloaded? I ask this due to this potential ballot initiative AWB nonsense... FSS 790.22 allows a minor to POSSESS a loaded firearm under certain circumstances. I suggest you acquire said AR15 rifles now, secure a notarized letter from the parents authorizing the transfer of ownership and be done with it. |
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