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Calling all legalesians
Posted: Tue Sep 25, 2018 11:12 pm
by Bugman
Helpme out
I have read this thing backwards and forwards
From what I can tell this new law about being 21 to purchase only applies to retailers
skip to the midddle of page 24
https://www.flsenate.gov/Session/Bill/2 ... ext/er/PDF
Re: Calling all legalesians
Posted: Wed Sep 26, 2018 5:08 am
by flcracker
Not trying to be a smart-ass, but just read it forwards and not backwards.
(13) A person younger than 21 years of age may not purchase a firearm.
It seems pretty clear - someone under 21 may not purchase a firearm after October 1, unless they fall under the LEO/.mil exemption for 18 & up.
The only "out" that I see is that it doesn't prohibit the free gifting of a firearm, but if that gift requires a legal transfer through an FFL dealer/licensee, the transfer of the gift is forbidden as well.
Re: Calling all legalesians
Posted: Wed Sep 26, 2018 12:54 pm
by Bugman
The following sentences and all other wording reference retailers specifically.
This is not an issue I have been concerned with until now.
I can't see anything in here that changes the conditions for possession or ownership
Re: Calling all legalesians
Posted: Wed Sep 26, 2018 3:08 pm
by flcracker
Bugman wrote: ↑Wed Sep 26, 2018 12:54 pm
The following sentences and all other wording reference retailers specifically.
You are correct. But that doesn't change the plain-English meaning of the statute.
790.065 Sale and delivery of firearms.—
(13) A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a servicemember as defined in s. 250.01.
First sentence: No-one under 21 may purchase a firearm.
Second sentence: Not only may a licensee not sell a firearm to someone under 21, a licensee also may not facilitate the sale or transfer of a firearm to someone under 21.
So, like I said - a firearm can still be GIVEN to a person under 21, but not SOLD. If the GIFT were to require a Form 4473 to complete a legal TRANSFER, then a licensee may not facilitate that TRANSFER.
Let's say you were my 18 year old nephew/hunting buddy/love-child, and we both lived in Florida. I could GIVE you a firearm as a GIFT simply by handing it to you (or mailing a long gun to you in-state. However, if I lived in another state and wanted to GIVE you a firearm such as by mailing you a long gun, I would have to wait until you were either 21 or you were 18 and became a LEO/.mil/corrections officer and send it to an FFL licensee for the TRANSFER; if you went in to complete the Form 4473 before your 21st birthday and were not a LEO/.mil/corrections officer, the licensee would be prohibited from facilitating the TRANSFER.
Bugman wrote: ↑Wed Sep 26, 2018 12:54 pmI can't see anything in here that changes the conditions for possession or ownership
Correct again. A person under 21 may still possess and/or own a firearm.
Re: Calling all legalesians
Posted: Sat Oct 20, 2018 3:37 pm
by Firemedic2000
Man that is just wrong in so many ways. I feel if your old enough to vote, enlist, work as a first responder even though you may chose not to. Those should not hamper your rights and I say RIGHTS as an AMERICAN. The BILL of RIGHTS was put in place as a way to RECOGNIZE OUR RIGHTS NOT GRANT US OUR RIGHTS. Also especially not to regulate them out of existence.
Oh left out by a bunch of self serving POLITICIANS all for the sake of getting votes to get elected. These POLITICAL LEADERS are basically deciding who the BILL OF RIGHTS applies to.