Is it possible to legally buy a gun in Florida?

[jgradyc]

I'm a Tennessee resident, but I spend the winter in Florida. Is there a way to legally buy a firearm from an individual while I'm here in Florida? I know that I can have his FFL ship to my FFL in Tennessee, but I'm not in Tennessee and won't be for another couple of months.

[bubbadavis]

A handgun will have to go through a FFL in TN. If its a long gun, you can do the transfer through a FFL in FL.

The only legal way you can buy from a resident from another state is to go through a FFL.

[Guest db99wj]

Dual Residency? Do you have it? Is it possible? If answers are yes, yes, and/or yes, could you buy one then?

The reason I say this is because the dude running for chicago mayor lived in Chicago, left to go work in the White House, kept his residence in Chicago, was told he couldn't run for mayor in chicago, went to court, and was ruled yesterday that he still met residency requirements. I don't know if this is possible in a gun purchase situation or if it is a loophole, or if their is something in place that closes that loophole, and if you don't have dual residency nor is it possible to get, then this point is null anyway.

Just a thought.

[bubbadavis]

I have never heard of 'dual residency' when it came to states.

As for the Chicago debacle, remember that Rham was Obama's chief of staff. You don't get better connections that he has. If you have Obama on speed dial, you could probably get away with a FTF transfer in Florida (but even then it might end up in court). Otherwise, I wouldn't suggest it.

[DaveTN]

I’m sure Snowbirds buy guns while they are there. Stop in any gun shop and ask someone there.

My guess is dual citizenship like they do for driver’s licenses and vehicle tags. But that’s just a WAG.

[willis68]

If I were you I would call the ATF and ask them directly instead of relying on an answer from this board

[DaveTN]

If I were you I would call the ATF and ask them directly instead of relying on an answer from this board

ATF isn’t going to tell him the state laws on a private transfer in Florida. They don’t know their own laws let alone anyone else’s.

[willis68]

ATF isn’t going to tell him the state laws on a private transfer in Florida. They don’t know their own laws let alone anyone else’s.

The last time that I spoke with them 1-17-2011 they seemed to be very well versed in all of the laws, guess it depends on who you talk to

Edited January 29, 2011 by willis68

[East_TN_Patriot]

ATF isn’t going to tell him the state laws on a private transfer in Florida. They don’t know their own laws let alone anyone else’s.

Except that private transfers are subject to federal firearms laws. It's no secret that you can't purchase a handgun outside of the state of your own legal residency without it being transferred through a FFL in your home state. My sneaking suspicion is that if the BATF wanted to split hairs, they would look at your tax returns to determine what they would consider your "state of residency." If memory serves me - and assuming the laws haven't changed since living in Florida - the state law there did not provide for dual-residency and you had to spend 6 months +1 day or more to be considered a resident of the state.

[Fallguy]

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

11.Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,†in the General Information section of this publication.

[18 U.S.C. 921(

, 922(a) (3), and 922(

(3), 27 CFR 478.11]

I'm not a lawyer, but it seems to me if you have a home in FL, you may very well be a FL resident as well and could purchase a firearm there.

[Plain Old Dave]

The only way I would think a person to person transfer for a TN resident in FL might be legal is if the firearm were manufactured prior to 1898 or did not use fixed ammunition. Check the FL laws, not sure what they may say.