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barraCUDA28 01-19-2012 02:55 AM

New to florida and went to buy firearms only to find i couldnt ?
Ive lived in Florida for a little over two years, Tampa and now Pensacola. I went to look at some 9mms the other day and found out that I cannot buy a firearm in this state because I have an Indiana ID. Why are certain states not allowed to buy here and does this mean I cannot legally have one here if I buy from another state?

robocop10mm 01-19-2012 02:58 AM

Under Federal law you cannot purchase a handguon except in your homw state. If you are a resident of Florida, you need to get a Florida ID. Most states have a requirement to obtain a DL in that state w/in 30 days of declaring residency.

barraCUDA28 01-19-2012 03:08 AM

On the paper I saw, it only had about 10 states marked in red that were not allowed to purchase here.

Also, I bypass that whole "resident" thing -- military.

robocop10mm 01-19-2012 08:44 AM

You may bypass the requirement to get a Florida DL, but you then are declaring your state of residence to be Indiana therefore you cannot purchase a handgun in Florida.

c3shooter 01-19-2012 11:51 AM

If you are active duty military, you may have more than one state of residence. At one time, I actually was a legal resident of 3 states at same time. I am now retired, but here is an example-

My home of record is Virginia. Residence #1. Permanent duty station- Ft Benning GA. Residence #2. But I reside just across the state line in Alabama- and have a lease, utility bills, etc to show I rent a place in ALabama, where I live and daily drive in to Ft Benning. Residence #3. You WILL need PCS orders showing you are stationed in THAT state to buy a handgun. A military ID alone is not enough.

A handgun may only be purchased in a state in which you have a legal residence. You need to find a local dealer, explain your circumstances, and ask him exactly what you will need to meet HIS needs- they DO get inspected, ya know.

corrinavatan 01-19-2012 11:36 PM

Cuda, the list you saw of states you're allowed to be from to buy a gun in Florida is due to the way the Federal/State laws on guns is kind of .... patchwork.

Federal law states that you can only purchase a gun in the state you reside in, or a state that has a reciprocal agreement with the state you live in. (This is the short version). This is why, for example, people who live in GA can drive down to Florida to buy a gun: there is a legislative agreement between GA and FL that each other's residents may purchase guns in the opposite state.

That list of red states you saw? Those are a list of states that do not have a reciprocal agreement with Florida. Many states only have agreements with states that border them (meaning it isn't illegal to live in North Dakota and buy a gun in South Dakota), but it's up to both states to work that out. Indiana simply does not have an agreement with Florida (or the other way around, if you prefer).

Typically, states might not make an agreement if one state will allow a specific type of weapon to be sold, and the other state prohibits ownership/use of that type of weapon (.50 BMG caliber comes to mind).

c3shooter 01-19-2012 11:41 PM

Corrin- a HANDGUN may only be purchased in your state of residence. That is Fed law.

danf_fl 01-19-2012 11:52 PM

Provide the FFL with a copy of proof that you are in the military, have a permanent assignment in Florida, maintain an address in Florida (your Gulf Power bill).

From the BATF website:
(B11) 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.
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
[18 U.S.C. 921(b), 922(a) (3), and
922(b)(3), 27 CFR 478.11]

(Sorry for the "jump in" C3.)

c3shooter 01-20-2012 01:41 AM

1 Attachment(s)
Jump-ins always welcome.

Attachment 37803

danf_fl 01-27-2012 07:11 AM

Just wondering what the results were.

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