I am new and need some help ASAP

This is a discussion on I am new and need some help ASAP within the Defensive Carry Guns forums, part of the Defensive Carry Discussions category; Ok my name is Christian I live in Florida, I am new here and hope you guys can help me not sure if I posted ...

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Thread: I am new and need some help ASAP

  1. #1
    New Member Array PRboy25's Avatar
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    I am new and need some help ASAP

    Ok my name is Christian I live in Florida, I am new here and hope you guys can help me not sure if I posted this on the right place, but anyway here we go, Im 20 I have been working security sense I was 18, I got my D= Security Officer license and my G= Statewide Firearm license wish is to work arm as a security officer, right know im not working arm because I don’t have a gun, but there’s a arm position open and I want to get it so I can start making more money and pay my studies and become a police officer, now here is the problem im not 21 yet for another year, but my aunt she got here concealed weapon license and she tell me I can give here the money and she can get it for me new for a good price, but here are my questions…?

    (1)If she buy the gun under her name how can she transfer the gun under my name, that the gun would be %100 my responsibility because she is rely strict and I know that after I have it on my hands she don’t want nothing to do with it?

    (2)And, can I carry the gun in my car always or im only allow carrying the gun to work and from work?

    (3)Can the gun be loaded wend is on my glove compartment in my car?

    (4)And, if is on my car loaded inside the glove compartment do I have to keep it inside a case or something

    Pleas hope u can help THANKS

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  3. #2
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    I am not an attorney and I'm sure people will chime in and correct me if I am wrong, but in my opinion, what you are suggesting is what is called a "Straw Man Purchase" and it is highly illegal.

    You are giving a person (in this case, you aunt) money to buy a gun in that persons name (your aunt) for the express purpose of transferring it to someone who is not authorized to buy it legally on their own. Federal law expressly prohibits any licensed firearm dealer from selling a handgun to a person under age 21.

    It is a crime, it is punishable by a fine and imprisonment and it will ruin any chance you ever hoped of becoming a police officer, ccw permit holder or owning any firearms at all in the future since it is a felony.


    Btw... Welcome from The Great State of Missouri You've come to the right place to learn answers to your questions and give your input. Looking forward to seeing you around the forum!

    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  4. #3
    New Member Array PRboy25's Avatar
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    Ok well I don't rely understand this, because is the same way as buying it from a private sealer, wish is a %100 legal in the state of Florida the only reason I want to do it like this is because the I don’t know no body selling the specific gun im looking for and if I buy it I want it to be new, In other words is going to be a completely private sale like she buy it and use it and then sell it to me, I don’t now if im explaining my self right

  5. #4
    Senior Member Array jca1's Avatar
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    Doesn't matter, it's illegal to purchase a gun if you are under 21, and illegal to sell a gun to anyone who is under the age of 21. Could be the end of your law enforcement career goals, breaking the law that is.
    If I gave a crap about what you think about my guns.....it was early this morning and I already flushed it!

  6. #5
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    Quote Originally Posted by PRboy25 View Post
    Ok well I don't rely understand this, because is the same way as buying it from a private sealer, wish is a %100 legal in the state of Florida the only reason I want to do it like this is because the I don’t know no body selling the specific gun im looking for and if I buy it I want it to be new, In other words is going to be a completely private sale like she buy it and use it and then sell it to me, I don’t now if im explaining my self right
    As you correctly state, you can buy a handgun from a private seller right now.

    However, if your aunt signs the 4473 saying she is the "actual buyer" under the scenario you laid out, two things happen:

    1. She commits a serious federal felony.
    2. You commit a criminal act by conspiring with your aunt to commit the above mentioned federal felony.

    It might not make sense, but that's how the law is written, and the ATF really doesn't care why a straw purchase occurs. They treat them all the same.

    Keep shopping the private seller market (try floridashootersnetwork.com), and perhaps you'll have to buy a decent first firearm that isn't the one you ultimately want.

    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.

  7. #6
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    Oh, and let me add that being in Florida, you should definitely get a copy of Florida Firearms by Jon Gutmacher.

    Florida Firearms -- Law, Use & Ownership BOOK FOR SALE by Author JON H. GUTMACHER, Esq.

    Everything you ever wanted to know about firearms laws in Florida - and more - is covered in that book. Several police academies in Florida use it as a textbook.

    It will be the best $40 you ever spend as a gun owner in Florida.

    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.

  8. #7
    Senior Moderator
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    I didn't notice the other questions, when I initially read the post.

    Quote Originally Posted by PRboy25 View Post
    (2)And, can I carry the gun in my car always or im only allow carrying the gun to work and from work?
    You can carry a firearm in your car most of the time. There are some places that you cannot have a firearm in your car, such as:

    - Federal installations
    - Tribal lands
    - School property (unless you have a CWFL)

    Quote Originally Posted by PRboy25 View Post
    (3)Can the gun be loaded wend is on my glove compartment in my car?

    (4)And, if is on my car loaded inside the glove compartment do I have to keep it inside a case or something

    Pleas hope u can help THANKS
    The firearm in your car must be "securely encased" and "not readily accessible for immediate use".

    In practical terms, this means it must be in an enclosed container that the gun cannot be fired through (like a paper bag). Your closed glovebox is fine. See Gutmacher, pages 77-80 for an exhaustive discussion of what constitutes "securely encased".

    Important note - if you keep it in your glove box, and are stopped by the police, do not be digging through your glove box when the officer comes to the door......

    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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    VIP Member Array wmhawth's Avatar
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    I can't add anything to what the others have covered regarding legal issues in this thread. My suggestion is not pertinent to the questions you have asked but might be of use to you since you mentioned studying to be a police officer. Much of police work involves reporting, (writing reports). I suggest you brush up on your grammar, punctuation and spelling. It will allow you to better present yourself in job searches and will help you on any job you might get.

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    Quote Originally Posted by Bark'n View Post
    I am not an attorney and I'm sure people will chime in and correct me if I am wrong, but in my opinion, what you are suggesting is what is called a "Straw Man Purchase" and it is highly illegal.

    You are giving a person (in this case, you aunt) money to buy a gun in that persons name (your aunt) for the express purpose of transferring it to someone who is not authorized to buy it legally on their own. Federal law expressly prohibits any licensed firearm dealer from selling a handgun to a person under age 21.

    It is a crime, it is punishable by a fine and imprisonment and it will ruin any chance you ever hoped of becoming a police officer, ccw permit holder or owning any firearms at all in the future since it is a felony.


    Btw... Welcome from The Great State of Missouri You've come to the right place to learn answers to your questions and give your input. Looking forward to seeing you around the forum!
    You are correct sir. The OP risks fines for him and his Aunt of up to $250,000 plus up to 10 years in prison. Not to mention the loss of all gun rights for the remainder of their lives. Straw purchases are not a wise idea.
    NRA life member.

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    Member Array Red82's Avatar
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    Quote Originally Posted by wmhawth View Post
    I can't add anything to what the others have covered regarding legal issues in this thread. My suggestion is not pertinent to the questions you have asked but might be of use to you since you mentioned studying to be a police officer. Much of police work involves reporting, (writing reports). I suggest you brush up on your grammar, punctuation and spelling. It will allow you to better present yourself in job searches and will help you on any job you might get.
    I was thinking the exact same thing. If this is your standard use of the English language you might have trouble getting the job in the first place.

    Like they said this is not just a private sale. This is your aunt purposefully purchasing a firearm to sell to somebody who can't purchase one. That's the reality of the situation. Very illegal.
    Protection is a responsibility not just a right.

  12. #11
    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by Red82 View Post
    I was thinking the exact same thing. If this is your standard use of the English language you might have trouble getting the job in the first place.

    Like they said this is not just a private sale. This is your aunt purposefully purchasing a firearm to sell to somebody who can't purchase one. That's the reality of the situation. Very illegal.
    Listen to all this good advice. I have a son-in-law currently in a police academy in the eastern US. An investment in a solid remedial English class will serve your career plans MUCH better than a handgun right now.

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    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by MadMac View Post
    Listen to all this good advice. I have a son-in-law currently in a police academy in the eastern US. An investment in a solid remedial English class will serve your career plans MUCH better than a handgun right now.


    As far as the gun issue. I'm not going to answer that because it's already been addressed.

    I'm a horrible speller, and need all the help I can get. Spelling is more important than a gun. Of course that only holds true until you need a gun. Then, after the gun part, spelling is more important again.

    Biker

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    Senior Member Array fernset's Avatar
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    Why would any one even bring up the OP's grammatical errors or spelling errors? I am sure that if he has difficulty with the English language he knows it already and while it is helpful to have perfect grammar and spelling it is not necessary to be successful in life.

    It OP specifically asked a gun law related question and I find it rude and unnecessary to point out grammatical issues unrelated to the question.

  15. #14
    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by fernset View Post
    Why would any one even bring up the OP's grammatical errors or spelling errors? I am sure that if he has difficulty with the English language he knows it already and while it is helpful to have perfect grammar and spelling it is not necessary to be successful in life.

    It OP specifically asked a gun law related question and I find it rude and unnecessary to point out grammatical issues unrelated to the question.
    It is brought up because of the importance of spelling in the OP's choice of occupations.

    Call it what you will, but it is helpful advice from some of us that actually have to write reports and such. Sometimes you get more than you asked for, as in this case.

    Look at it like this:
    If your neighbor asked you for help fixing his door, and while doing so you noticed that his kitchen was on fire, wouldn't you mention it to him?

    Biker

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    Form 4473

    12. Answer questions 12a through 12l by writing “yes” or “no” in the boxes to the right of the questions.

    Certification Of Transferee
    a. Are you the actual buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring
    the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to
    you. (See Important Notice 1 for actual buyer definition and examples.)

    From the back of form 4473

    1. For purposes of this form, you are the actual buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (for example, redeeming the firearm from pawn/retrieving it from consignment). You are also the
    actual buyer if you are acquiring the firearm as a legitimate gift for a third party. ACTUAL BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT the actual buyer of the firearm and must answer “no “ to question 12a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual buyer of the firearm and should answer “yes” to question 12a.

    Wait till you turn 21 and then buy your own gun. There will be other job openings.
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