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Old 08-20-2016, 09:24 PM
village dreamer village dreamer is offline
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can I as a non resident buy a hand gun at a gun show?
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Old 08-20-2016, 09:42 PM
Miles42 Miles42 is offline
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If you are not a resident of Florida you can not legally buy a handgun from a dealer or a private seller.
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Old 08-20-2016, 10:06 PM
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Nope
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Old 08-21-2016, 05:24 AM
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That's reasonable law. My view is that the sale of guns be accomplished with reasonable checks and balances and being a resident of the state would be one requirement
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Old 08-21-2016, 10:24 AM
virgind virgind is offline
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If you have a carry permit from another state and Florida, in this case, recognizes it yes you can.
Gun Show Background Checks State Laws
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Old 08-21-2016, 11:14 AM
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Quote:
Originally Posted by virgind View Post
If you have a carry permit from another state and Florida, in this case, recognizes it yes you can.
Gun Show Background Checks State Laws
You are wrong.
Here are the requirements:

Florida Department of Law Enforcement - FAQs2 Which is the official website of the florida department of law enforcement

"Requirements to Purchase a Handgun in the State of Florida • Persons must be 21 years of age and a resident of Florida to purchase a handgun in Florida.
• Fingerprints are not required; the background check is conducted utilizing demographic data.
• Florida does not require a specialized permit to purchase a firearm.
• There is a mandatory three day waiting period for all handgun purchases.
Individual counties, cities and municipalities have the ability to pass laws that add to or lengthen the waiting period for any type of firearm. Please consult your local County Commission for more detailed information.
• Concealed Weapon Permit holders are subject to the same background check as persons who do not possess a Concealed Weapon Permit.
• There is no exemption to the background check requirement for Concealed Weapon Permit holders
There is no limit to the number of firearms you may purchase per background check. However, once the sale is completed, each additional firearm purchase in the future requires a new BATF form 4473 to be completed and the background check process repeated.

I have a FL Concealed Weapon Permit; do I still require a background check?

Yes; under federal law a concealed weapon permit issued by the State of Florida or any other state does not exempt you from a background check to purchase a firearm(s). [18 U.S.C. Chapter 44, 922 supersedes F.S. 790.065(4)(b)]"

*********
There are different requirements for a handgun than a long gun.
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Old 08-21-2016, 11:47 AM
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if you have a Florida permit, you can transport your handgun in your vehicle or you can check it in baggage if you fly. You must declare it at the checkin counter and follow the airline and TSA rules for transport and storage in baggage.
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Old 08-21-2016, 08:54 PM
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Quote:
Originally Posted by virgind View Post
If you have a carry permit from another state and Florida, in this case, recognizes it yes you can.
Gun Show Background Checks State Laws
Absolutely incorrect. You have confused information about background checks and waiting periods with laws about inter-state purchases.

The law regarding interstate purchase of handguns is in a state of flux, but generally speaking the Gun Control and Safe Streets Act of 1968, still governs.

This requires that a handgun sale transaction between people in two different states must involve a Federal Firearm Licensee in each state. So, for example, if I were to want to sell a firearm to a man in Georgia I would turn it over to a Florida FFL dealer who would ship it to a Georgia FFL dealer who would turn it over to the buyer.

If I were to discover that a firearms dealer in Virginia (who would of necessity be a FFL holder) was offering a gun I wanted, the dealer would have to ship it to a Florida FFL holder who would deliver it to me. I could not simply accept the gun at the point of sale if I happened to be in Virginia when I wanted to make the purchase.

In all of the above transactions listed above, both FFL holders would have to fill out all appropriate paperwork.

NOW, here's where the water gets muddy. The official ATF web site says "If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State. [27 CFR 478.11]" Personally, I wouldn't attempt a "individual to individual" gun show purchase (the so-called gun show loophole) without a personal inquiry with an ATF agent in advance. Penalties for violations can be severe.

It is not entirely clear how long those "certain periods" must be. I would venture a guess that most people at gun shows have no idea of this provision, and would think you were an undercover cop attempting to entrap them if you proposed this provision.

An interesting development is that a judge in North Texas has struck down the provision of the 1968 law that prohibits an out of state resident taking delivery of a handgun at the point of sale. This ruling still faces going to the Court of Appeals and the Supreme Court, so means little at this point in time.

You can research a lot about gun laws at the web site of the National Rifle Association Institute for Legal Action. NRA-ILA | Citizen's Guide To Federal Firearms Laws - Summary

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

Now, let's touch on the erroneous reply above about having a CCW license. In Florida, if you have a CCW license you must still have a background check. In some counties, including Hillsborough where I live, having a CCW does eliminate the requirement for the three day waiting period before taking delivery of the firearm.
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Old 08-21-2016, 09:41 PM
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Exclamation No license needed, but follow the law.

Quote:
Originally Posted by Cajulian View Post
if you have a Florida permit, you can transport your handgun in your vehicle or you can check it in baggage if you fly. You must declare it at the checkin counter and follow the airline and TSA rules for transport and storage in baggage.
Well, no. No permit is required to carry a firearm in an automobile in Florida if certain requirements are met.

Florida Statute 790.25
(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 s. 776.012.

Note that you cannot have a pistol lying loose on the seat beside you or even under the seat if it is not "securely encased." You cannot rely on a concealed weapons license for such behavior either since the license requires that the weapon be concealed on your person.
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Old 08-21-2016, 09:48 PM
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Decades ago, the "securely encased" provision required that it must take "two actions" to put the pistol into use.

For example, the test was met if you had to 1. Open the glove compartment to access the pistol, and 2. Unsnap the holster in which it was contained to deploy it.

Holsters with no retention system would not be "securely encased."
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