Registering a handgun from a private sale

Discussion in 'Semi-Auto Handguns' started by Crispy129, Jan 10, 2009.

  1. Crispy129

    Crispy129 New Member

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    So, I don't have a florida ID and can't buy a handgun, but there is no paperwork needed for private sale in Florida. So this means I can have a friend with a Florida ID purchase a handgun and then immediately sell it to me for the exact amount he paid for it, correct? The gun will still be registered to him, but I will have bought the pistol legally. How do I go about registering the pistol? Can I still use it for CCW if it is technically registered to him?

    Crispy
     
  2. canebrake

    canebrake New Member

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    STOP...... Why no ID? Is that the reason you say you can't buy a handgun? Are you a Florida resident? How old are you?

    Private sales in Florida still need to follow both Federal and state laws albeit, not as stringent as from a FFL dealer.

    The scenario you just laid out, your friend purchasing a gun with the intent to resell to you is a felony (for both of you) called straw man.

    Because it's in black and white here on a public forum, I suggest you never carry out the plan.

    If you are going to carry a firearm, man up and do it legally. If you can't, DON'T!

    [​IMG]
     
    Last edited: Jan 10, 2009

  3. matt g

    matt g New Member Supporter

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    Your military ID will establish your identity and a letter from your CO and a utility bill will establish your residency requirement. When I was in the Army, I used this technique to lawfully purchase guns in 2 separate states.
     
  4. AsmelEduardo

    AsmelEduardo New Member

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    Canebrake.. Please explain that again....

    As you Know why.... It's probably that I move to FL or TX in the next year or two, I've relatives and friend in both states.... I'm doing all legally so I want to know how is the process of firearm buying (and carry if it's permited) on those states.... (the other option it's Canada for sure) I can't buy a firearm until I became RESIDENT (green card), not with Work Permit visa, I know that... but what it's the diference betwen buy in a store and a privates sale? here in Venezuela is easier buy it from a store than a particular (more paperwork and the cost in time and money are bigger) and how's that of registering a gun? Sorry for stupid question but I'm not familiar at all to the States laws... and I want to do everything by the book :D
     
  5. Crispy129

    Crispy129 New Member

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    Sorry I misspoke a little. I meant to sell to me after I get my FL residency. I can't seem to find my birth certificate and have to order a new one, so I won't have my FL residency/ID before Obama gets inaugurated, and the local gun store that is selling it is going to jack up the prices in a week or so. I figured it would be legal to have a friend buy it while it's cheap and hold on to it for 2-3 weeks until I get my Florida ID/residency, and then sell it to me.

    Crispy
     
  6. matt g

    matt g New Member Supporter

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    How do you get into the military without a birth certificate?
     
  7. Crispy129

    Crispy129 New Member

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    Lol, I have a birth certificate, I just misplaced it recently when I was moving and can't find it.
     
  8. canebrake

    canebrake New Member

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    With all the great things we are blessed with here in the "United States" one of them is NOT all the different laws we must abide by when traveling from state to state.

    As a gun owner and a US citizen, I must be up on all federal laws as they apply to firearms. I am licensed to carry in Florida and this requires me to be totally cognitive of all Florida state firearms laws, but I also know that federal law trumps state law if they are in conflict (depending on what court they are heard in).

    Still with me? OK, then there are the state’s county laws and local municipal laws which can differ from the Florida and US laws. Most people would give up by now but if you’re still reading, I’m impressed and feel you will make an excellent gun owner!

    It sounds complicated but if you take the required legal course, firearm training AND absorb the information, you will be fine.

    I keep two books constantly updated and handy for reference. They are;

    Florida Firearms -- Law, Use And Ownership, Sixth Edition
    by Jon H. Gutmacher, Esq.

    [​IMG]

    http://www.floridafirearmslaw.com/m...e=Florida-Firearms-Law-Use-And-Ownership-Info

    I keep Mr. Gutmacher’s law office phone number on my cell’s speed dial. It will be the second number I call if I’m involved in a shooting. (The first # is 911 of course)

    I never talk about FL gun law unless this book is in close proximity.

    This is Florida’s CCW licensing website;

    http://licgweb.doacs.state.fl.us/weapons/index.html

    The second book is the Traveler’s Guide to Firearms Laws of the Fifty States, 2008.

    By J. Scott Kappas, Esq.

    [​IMG]

    http://www.gunlawguide.com/

    As a Licensed CCW in Florida I also am permitted to carry in 33 additional states due to reciprocity agreements. The book helps sort out the variations in each states’ laws.

    For example, later this week I’m driving to Ohio and then on to Michigan. A quick check of this publication tells me the knife I carry along with my Colt here in Florida is not permitted in Michigan, West Virginia, South Carolina, but in Ohio, Georgia, Kentucky, North Carolina and Virginia it’s OK. Knowledge is power and I am informed, and can make rational decisions based on that knowledge. With that said, I will probably carry the knife for the whole trip. My choice.

    Florida eligibility Requirements
    o You must be 21 years of age or older.
    o You must be able to demonstrate competency with a firearm.
    o Unless you are serving overseas in the United States Armed Forces, you must currently reside in the United States (US) AND be a US citizen or deemed a lawful permanent resident alien by Department of Homeland Security, US Citizenship and Immigration Service (USCIS). If you are serving overseas in the US Armed Forces, submit a copy of your deployment documentation with your application. If you are not a US citizen, submit documentation issued by the USCIS proving you are a permanent legal resident alien with proof you have resided in the state of residence (as shown on your application) for at least 90 consecutive days prior to the date the application is submitted.

    I hope this answers your questions and I look forward to our next exchange.

    You are most welcome to visit the "GunShine State" of Florida and bask in our sunshine and gun laws. :p

    Should you get to the Miami/Ft. Lauderdale area, let me know and we can go expend some ammo!
     
  9. c3shooter

    c3shooter Administrator Staff Member

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    Crispy- a Canebrake pointed out- If your friend buys a gun from a dealer in his home state, he is asked on the form 4473 if he is the actual purchaser of the gun. If he buys it FOR you, he has falsified that form. If you participate in this with him, you have just engaged in CONSPIRACY to violate the 1968 Gun Control Act. Now, just North of Florida is the Federal Correctional Insitute, Atlanta. Your bud will be there. If you are active duty military, you get to go to Kansas. Nice placed called Leavenworth. Weather there sucks.

    Bottom line- for a handgun- you may not buy one from ANYONE except in your state of residence. Active duty military can have 3 or more legit states of residence- Home of record, current living location, current duty location. I am resident of Virginia, was stationed at Ft. Benning (Georgia) but lived in Alabama. Easy to establish- your ID, copy of your PCS orders. Hell, we have sailors aboard ship in the Med, home port Norfolk Naval Station VA- they are a VA resident. You MAY want to talk to a local dealer about allowing you to put a gun on layaway with him- he retains possession of it until you finish paying for it, at which time he does the 4473/ background check before you take delivery.

    I am not a lawyer (Mom and Dad were married to each other, so I am not qualified to be lawyer) but trust Canebrake and me on this one- OK?
     
  10. Crispy129

    Crispy129 New Member

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    Alright thanks for the input, and especially those links, I'll definitely check them out. I think I'll just go ask the dealer if he can put it on layaway until I get my ID.

    Crispy
     
  11. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    Going by the letter of your original post, this would definately be a straw purchase and in violation of Federal law. The operative term is "immediately sell". If he uses his own funds and holds the gun until you have established your residency, then sells it to you, you should be OK. But if you give him the cash and he spends it on "your gun", no matter how long he holds it you are both looking at 5 yrs in the Slam me in the A$$ Federal Prison.

    Of course this is all moot if you are otherwise prohibited from purchasing a firearm because of one or more of several disqualifying reasons.
     
  12. Crispy129

    Crispy129 New Member

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    Haha, turns out the lady who told me I couldn't get an ID without a birth certificate was full of it. With my AL driver's license, mil ID, passport, and a proof of residence (pay stub or bill) I can get one. So now I'll be able to get one in a couple of days. It also turns out that there is a store that isn't too far away that gives a big discount for LE/military on Glocks, and I would be able to get a brand new Glock cheaper than I would have gotten the used one for. Thank you for your help, and I'm still definitely going to check out those links and that book.

    Thanks,
    Crispy