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Old 03-31-2011, 02:13 PM   #1
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Default Purchase by UK citizen

Hi Guy's
Just came across this forum looking for some answers on Google, hopefully someone here can help because i've tried the regs posted on state gun laws but can't find the answer i'm looking for.

Okay, a bit about me. I am a firearms licence holder in the UK and have a fair amount of experience with firearms, (UK Police ARV/tactical), but now mostly hunting.

I frequently visit Florida (here at the moment) and back again in a few weeks. I only stay for 2-3 weeks each time I come. We are working on eventually getting a visa to move over here full time.

I have a very good friend over here who holds a ccw permit. Sometimes we stay at his place for our time over here.

My question is; can I legally purchase one of his pistols, face to face, a 9mm Glock, and carry it in my glovebox of the car for self defense. I appreciate I can't conceal carry around the streets. I would leave it in his gun cabinet when I go back to the UK and then pick it up again when I return.

I am aware of the legalities around the use of a firearm in the State but can't find a definitive answer on what I need to know. I have been told by some folks it's okay and others who were not so sure. I obviously don't want to fall foul of the law prior to applying for our visa!

I will not be travelling out of Florida State.

Thanks, Togger

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Old 03-31-2011, 02:46 PM   #2
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I am not a lawyer (and don't try to give advice as such), but have you tried to get the CWP in Florida? You do not have to be a resident to obtain it.

A sale can legally be made to a Resident Alien, but not to a non-resident alien.

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Old 03-31-2011, 11:40 PM   #3
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Quote:
Originally Posted by danf_fl View Post
I am not a lawyer (and don't try to give advice as such), but have you tried to get the CWP in Florida? You do not have to be a resident to obtain it.

A sale can legally be made to a Resident Alien, but not to a non-resident alien.
From what I read on Florida's gun law site, you do need to be a resident to be granted a cwp, so no, I haven't tried to get one not until we can get a green card. That's why I specifically said I only need to know if I can possess a handgun for in the car/home and not a cwp. I read on another forum that a Florida LEO had stated anyone can purchase and possess as long as it's not for cwp. I can't find the answer on the legal website.
Can anyone else offer an answer?
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Old 03-31-2011, 11:52 PM   #4
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Quote:
Originally Posted by Togger View Post
From what I read on Florida's gun law site, you do need to be a resident to be granted a cwp, so no, I haven't tried to get one not until we can get a green card. That's why I specifically said I only need to know if I can possess a handgun for in the car/home and not a cwp. I read on another forum that a Florida LEO had stated anyone can purchase and possess as long as it's not for cwp. I can't find the answer on the legal website.
Can anyone else offer an answer?
Federal over rides state. BATF is the deciding factor on resident vs non-resident and firearm purchases. A SALE is not made to a non-resident. CWP can be had without being a resident of Florida. Florida State Statute 790 series deals with CWP, but the BATF has a Form 4473 which is completed when you purchase from a dealer.

I would not want to be the person who sells a gun privately to someone ineligible to purchase one.

BATF and FDLE can be found through search engines.

Also check this out: http://app1.licgweb.doacs.state.fl.us/firearms/prequal_questions.aspx

Go to the source and do not believe everything you read in forums.
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Old 04-01-2011, 12:33 AM   #5
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You do not have to be a resident of Florida to obtain a FL CWP, I obtained one while living in Louisiana. But you may need to be a US citizen, not sure on that.

Unfortunately my FL permit does not do me any good in Wisconsin.

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Old 04-01-2011, 12:40 AM   #6
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OK- Fed law covers. A RESIDENT ALIEN, such as my lady (A British subject that is a permanent resident of the US) is treated the same as a citizen for firearms purchases (after being here 90 days) . A NON RESIDENT ALIEN (such as someone on a student visa, tourist, etc) MAY legally purchase a firearm- under certain circumstances.

This is a blog by a friend that is a gun buff, hunter, and professor of veterinary medicine at Virginia Tech. Scroll down the LEFT margin until you come to the story "Mike buys a rifle". THE NEW RIVER VALLEY OUTDOORSMAN

Bottom line- unless you are a law enforcement officer, or military serving here, you may be able to purchase a rifle or shotgun- defensive handgun may be another matter.

For a definitive legal answer, you should check wih the Firearms Technical Branch of the BATFE. They are in Martinsburg WV.

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Old 04-01-2011, 11:48 AM   #7
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Thanks for the info so far guy's.
I have read all the links posted.

It looks like yes you can get a permit if you are a non-resident of Florida BUT you have to be a US citizen or be on a green card. Likewise if I wanted to purchase a firearm from a dealer then I would need all the necessary documentation to be completed.

Where this gets confusing is that, and correct me if i'm wrong, I have been told that if I purchase face to face ie a private purchase, then there is no paperwork to complete, as long as the person selling does not believe I am going to commit any felonies and I am of sound mind etc, then the sale is lawful.

I think it's going to have to be a call to the authorities to clarify, as has been suggested.

One other scenario to ponder.
Supposing I am driving my friends car, on my own, and he has left his pistol in the glovebox. Would I or he be doing anything wrong?
Moving on from that, if an incident occurred ie car jacking, and I used the firearm to protect myself, assuming that everything was "in my favour" so to speak, would I be in the wrong in that scenario for defending myself?

All I am wanting to do is make sure I can be in a position to defend myself and my family should the need ever occur but to ensure I am staying within the law. The last thing I want is to do is commit an offense which would prohibit us from being able to apply for our green card.

When we come back to the US in August i'm hoping to be able to go hunting with my buddy, no doubt there will be some more questions posed then.

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Old 04-01-2011, 02:07 PM   #8
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In the second scenario, the question arises of "Who has actual possession of the firearm?" (If you want, replace the word "firearm" with "drugs".)

I am just giving you "food for thought". You can talk with the Florida Department of Law Enforcement directly. They have a web site and list a contact number.

Good luck (and get your green card.)

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