New to florida and went to buy firearms only to find i couldnt ?

Discussion in 'Legal and Activism' started by barraCUDA28, Jan 18, 2012.

  1. barraCUDA28

    barraCUDA28 New Member

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    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?
     
  2. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    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.
     

  3. barraCUDA28

    barraCUDA28 New Member

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    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.
     
  4. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    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.
     
  5. c3shooter

    c3shooter Administrator Staff Member

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    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.
     
  6. corrinavatan

    corrinavatan New Member

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    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).
     
  7. c3shooter

    c3shooter Administrator Staff Member

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

    danf_fl Retired Supporter

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    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.
    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(b), 922(a) (3), and
    922(b)(3), 27 CFR 478.11]

    (Sorry for the "jump in" C3.)
     
    Last edited: Jan 19, 2012
  9. c3shooter

    c3shooter Administrator Staff Member

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    Jump-ins always welcome.

    swimming-pool-014.gif
     
  10. danf_fl

    danf_fl Retired Supporter

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    Just wondering what the results were.
     
  11. wjnfirearms

    wjnfirearms New Member

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    The results are that you and c3 were right. It pisses me off when members of the military are given a hard time about anything. The dealer he went to in Florida should have known what the procedure is for active military. My God!! Pensacola is a Naval city, has been for a VERY long time and anyone selling ANYTHING there should be used to dealing with the military!! The wife was stationed there.
     
  12. c3shooter

    c3shooter Administrator Staff Member

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    Hah! "Dogs and Soldiers, Keep Off the Grass"

    Sign in Columbus GA 1938!


    You really think things change?
     
  13. boatme98

    boatme98 New Member

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    Simple. You're not a Fl. resident. Change your drivers license and you'll begood to go.
    If you get a cwp, you won't have to deal with the waiting period either.

    Edit-Sorry, I replied to your post before reading other responses. You didn't mention in your original post that you are military.
     
    Last edited: Jan 30, 2012
  14. danf_fl

    danf_fl Retired Supporter

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    Being in between NAS Whiting Field and NAS Pensacola, I've had some experience with the military and purchasing firearms.