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Posted: 5/2/2020 1:45:25 PM EDT
[Last Edit: 5/2/2020 6:37:29 PM EDT by FDrifting]
Brother in law's wife's little brother is 18 and about to shop off to the Marines for basic. I wanna gift him a lower receiver to help him build his first AR. I know a receiver is considered an "other" item and I'm pretty sure you have to be over 21 but is it legal to gift it to him if there is no money exchanged?
Link Posted: 5/3/2020 6:10:37 AM EDT
Not a lawyer and I usually screw up these things, but this came up in our family last year.  Here is what I read:

SB 7026 became law in Florida on March 9, 2018 when Governor Scott signed the bill.  Since then we have received numerous questions regarding the effects of the new laws.   Section 12 of the bill amends Florida Statute §790.065 to ban the sale of any firearm to a person under 21 years of age.  The text of the new law creates a conflict with §790.17 and leaves unclear whether or not a person between 18 – 21 may purchase a firearm in a private sale.

Florida Statute §790.065 Sale and Delivery of firearms relates to the steps that a licensed importer, licensed manufacturer or licensed dealer must take prior to selling or delivering a firearm to a purchaser.  Nothing in this section has previously dealt with the private sale of firearms.  However, under the recently adopted amendment to the law, §790.065(13) now begins with the sentence, “A person younger than 21 years of age may not purchase a firearm.”  The rest of this amended section deals with the same group of licensed importers, manufacturers, and dealers as before and no penalties are listed that apply to a private sale to a person under 21 years of age. However, the first sentence as noted above does not include language stating that it applies only to those purchases made from a licensed importer, manufacturer, or dealer and seems to be a blanket prohibition against any sale to a person under 21 years of age.  This section does not make it illegal for a person under 21 to possess a firearm, but they cannot purchase one.

On the other hand, Florida Statute §790.17(2)(a) was not amended by SB 7026.  It still reads, “a person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian.” Because this section was not amended and §790.065 deals with licensed manufacturers, importers, or dealers, it is unlikely the new law was intended to be a blanket prohibition against all sales of firearms to those under 21 and was likely intended to apply to only licensed manufacturers, dealers, and importers.  Until there is clarification, we strongly caution that the actual wording of the 790.065(13), “A person younger than 21 years of age may not purchase a firearm” be heeded.  We are reaching out to the office of the Attorney General for guidance and will update this blog should guidance be provided.

—David Katz, U.S. LawShield Independent Program Attorney for Florida
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From https://www.uslawshield.com/firearms-purchase-age-sb7026/

All this is clear as mud but as I read it a family member could gift a lower especially with the recipients parents permission.
Link Posted: 5/3/2020 8:41:44 AM EDT
As always, have you attorney go over this issue with you.
Link Posted: 5/3/2020 6:19:37 PM EDT
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Originally Posted By Mannlicher:
As always, have you attorney go over this issue with you.
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I don't have an attorney.
Link Posted: 5/3/2020 6:21:22 PM EDT
Or do this, buy the receiver and wait until he is 21 and give it to him then.
Link Posted: 5/3/2020 6:47:27 PM EDT
Go to Jon Gutmacher's web site and research to see if that specific question has been addressed.

https://www.floridafirearmslaw.com/

If not, send him an e-mail and he might give you his opinion on the matter.

No lawyer here but "gifting" is legal IMO, which is worth what you paid for it.
Link Posted: 5/3/2020 6:55:50 PM EDT
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Originally Posted By Bowhntr6pt:
Go to Jon Gutmacher's web site and research to see if that specific question has been addressed.

https://www.floridafirearmslaw.com/

If not, send him an e-mail and he might give you his opinion on the matter.

No lawyer here but "gifting" is legal IMO, which is worth what you paid for it.
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After doing more and more research it appears that to be my conclusion as well. I've read he can transport it legally and use it at the range but cannot carry it on his person legally until he's 21. So as long as I gift it (which I would) and as long as he only takes it to the range (which that's all he'd do) I believe I'm good. I'll do some more checking just to be sure because no one wants to get tagged for a felony over this.
Link Posted: 5/4/2020 10:57:08 AM EDT
[Last Edit: 5/4/2020 10:59:09 AM EDT by MikeJGA]
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Originally Posted By AR18:
Or do this, buy the receiver and w­ait until he is 21 and give it to him then.
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^^ This.  If he is shipping off for Marine basic, he will not have any use for it in the near future.  It will be years before he has the time/money/authority to build an AR.  No, Marines can not keep a POW in the barracks.  It will just be one more thing he has to take care of.  While in basic, he will be joked:  Your weapon needs to grow up, Is that a CC AR, Marine where is the rest of your rifle!
Link Posted: 5/4/2020 3:15:46 PM EDT
[Last Edit: 5/4/2020 3:17:15 PM EDT by FDrifting]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MikeJGA:

^^ This.  If he is shipping off for Marine basic, he will not have any use for it in the near future.  It will be years before he has the time/money/authority to build an AR.  No, Marines can not keep a POW in the barracks.  It will just be one more thing he has to take care of.  While in basic, he will be joked:  Your weapon needs to grow up, Is that a CC AR, Marine where is the rest of your rifle!
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Huh?  He'd just leave it at his house.  I figured I'd give to to him as a present while he's on leave before SOI.
Link Posted: 5/4/2020 4:43:56 PM EDT
Yeah, hard to imagine a trainee arriving at boot camp with a AR15 lower, yet alone a complete rifle.  

Reason I answered above I think you are OK is I had the same situation last year.  Grandson was a TSA agent and was accepted to a police force, subject to his completing the police training (which he is doing right now).  Strange law that he can't buy a rifle but he can be a TSA agent, a police trainee or other responsible position.  He is still just under 21.
Link Posted: 5/5/2020 3:30:15 PM EDT
Don’t take this as rude, but maybe just give him his gift and be quiet.
Link Posted: 5/6/2020 4:02:30 PM EDT
[Last Edit: 5/6/2020 4:16:15 PM EDT by Ratherbe10-42]
My 20 yr old ROTC has had his since before that bullshit went into effect. Fuck that RINO law.
Link Posted: 5/8/2020 2:02:38 PM EDT
[Last Edit: 5/8/2020 2:03:50 PM EDT by MikeJGA]
Thinking on it some more.  If it will be left at "home" while he is in another state/country, no one will know or care as long as no family member goes shooting their mouth off to a Karen.  IF the marines let him have it at all, I will probably be stored in the Arms room (1).   By the time he is senior enough to live off base, he will be old enough to own it (2).


(1) I was Army, so Marines might be different.  But, no enlisted living in the barracks cold keep a gun or major component of one or a fixed blade knife with him.  They had to be locked up in the unit arms room.  The same applied to Officers living in the Bachelor Officers Quarters. On some post it also applied to married officers/enlisted living in post housing.

(2) Depending on where he is stationed, he might be old enough to own it now.
Link Posted: 5/8/2020 8:11:19 PM EDT
In the court motions last week where the AG was trying to prop up the 21 to purchase law challenged in the courts the state specifically said ''nothing prevents a person under the age of 21 being gifted a firearm.''  So it's OK to violate someone's right to purchase since gifting is permissable under the law.

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