Florida CCW

This is a discussion on Florida CCW within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; As some of you know Im not 21 yet but my dad has his permit. His instructor told him that in florida you can only ...

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Thread: Florida CCW

  1. #1
    Senior Member Array fernset's Avatar
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    Florida CCW

    As some of you know Im not 21 yet but my dad has his permit. His instructor told him that in florida you can only concealed carry a weapon you personally purchased. We inherited a couple guns from my grandfather but our understanding is that they can't "legally" be carried because we didn't purchase them???? (We do have a signed paper from my grandma saying we inherited them)

    What if it is privately purchased from the original owner??

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    I can find absolutely no basis in the Florida Statutes for this claim that "in florida you can only concealed carry a weapon you personally purchased."

    Sounds like an "instructor legend" to me....

    Matt
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    VIP Member Array miklcolt45's Avatar
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    Somebody (the instructor) made something up,
    or your dad misunderstood.
    He is no fool who gives what he cannot keep to gain what he cannot lose. - Jim Elliott

    The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.
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    Senior Member Array fernset's Avatar
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    And as long as we have the paper from my grandma and I gues register the guns under our name, everything is legal right?

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    Senior Member Array Freedom Doc's Avatar
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    Quote Originally Posted by fernset View Post
    And as long as we have the paper from my grandma and I gues register the guns under our name, everything is legal right?
    "Register" is a flag raising word to gunners -- and Florida, like most right thinking places, doesn't do it.
    Anti-gunners seem to believe that if we just pass enough laws, we can have utopia. Unfortunately, utopia is NOT one of our choices.

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    Member Array QuickDrawMcGraw's Avatar
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    I agree with Matt, must me some sort of instructor "legend"

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    Senior Member Array fernset's Avatar
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    So we got the signed paper and they are legally ours?? If my dad were to carry one and legally in self deffense shoot someone there would be no problem in terms of the gun?

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    The only prohibition on carry firearms I can find in the Statutes is no full-auto.

    But I am not a lawyer, and I am not in a position to offer legal advice.

    If you are concerned, I'd suggest contacting Jon Gutmacher through his website - ORLANDO CRIMINAL DEFENSE ATTORNEY | AGGRAVATED BATTERY DEFENSE LAWYER JON H. GUTMACHER, Esq.

    Mr. Gutmacher is a highly knowledgible attorney when it comes to firearm legal issues.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    Senior Member Array fernset's Avatar
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    Thanx guys..

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    Quote Originally Posted by fernset View Post
    So we got the signed paper and they are legally ours?? If my dad were to carry one and legally in self deffense shoot someone there would be no problem in terms of the gun?
    Legally yours? If you have it...it's yours, that is...if it's a 'legal' weapon.
    If you did have a receipt, and it was stolen...you'd could have a big problem...
    There is no law (that I am aware of) requiring you to have personally purchased the weapon you CCW...never heard of such a thing in FL.

    Stay armed...stay safe!
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    Member Array jeffsmith's Avatar
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    I just went through the FL class
    and we had a number of "Snowbirds"
    so the topic of Gun Registration came up

    the answer IRC was "NO Gun Registration in FL"

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    Senior Member Array bluelineman's Avatar
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    As stated before, no license required, no paperwork required. They are yours. The instructor is wrong.

    Here's the official wording from the ATF. "Unlicensed" refers to people that do not hold an FFL license.



    (B1) To whom may an unlicensed person transfer firearms under the GCA?

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

    (B2) From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

    (B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

    When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

    There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

    Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See also Question B3.

    ATF Online - Firearms FAQs

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    VIP Member Array sass20485's Avatar
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    Sounds like a load of cr@p to me. As long as you legally own it, I see no problem.
    Gift, inherited, whatever it's yours, there should be NO problem.

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    Quote Originally Posted by fernset View Post
    As some of you know Im not 21 yet but my dad has his permit. His instructor told him that in florida you can only concealed carry a weapon you personally purchased. We inherited a couple guns from my grandfather but our understanding is that they can't "legally" be carried because we didn't purchase them???? (We do have a signed paper from my grandma saying we inherited them)

    What if it is privately purchased from the original owner??

    I am seriously thinking about becoming an instructor. Man I am tired to read and hear all the BS some "instructors" dish out in class.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

  16. #15
    Senior Member Array fernset's Avatar
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    I am seriously thinking about becoming an instructor. Man I am tired to read and hear all the BS some "instructors" dish out in class.
    Well Miggy I'm in Miami dade also so if you happen to become one before August send me a PM cause as soon as Im 21 I'm taking the class.

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