Not your gun.

Not your gun.

This is a discussion on Not your gun. within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I know youíre not lawyers but, what is the consensus on the legalities in Florida of carrying and shooting someone with a gun thatís not ...

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Thread: Not your gun.

  1. #1
    Senior Member Array fernset's Avatar
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    Not your gun.

    I know youíre not lawyers but, what is the consensus on the legalities in Florida of carrying and shooting someone with a gun thatís not yours. For instance one legally originally purchased by your father (father still alive)?


  2. #2
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    It is lawful to lend someone a firearm provided that they are lawfully able to possess it.

    However, the loan must be temporary in nature and for a lawful sporting purpose if the recipient does not reside in the same state (18 USC 922(a)(5)).

    If the father and child are both Florida residents and neither is prohibited from possessing a handgun, I do not see any legal issue.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
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  3. #3
    Senior Member Array fernset's Avatar
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    Quote Originally Posted by MattInFla View Post
    It is lawful to lend someone a firearm provided that they are lawfully able to possess it.

    However, the loan must be temporary in nature and for a lawful sporting purpose if the recipient does not reside in the same state (18 USC 922(a)(5)).

    If the father and child are both Florida residents and neither is prohibited from possessing a handgun, I do not see any legal issue.

    Matt
    Both live in Fl and have CCL in Fl. What about proof of trasnfer of ownership?

  4. #4
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    There should be no need to transfer ownership. If you have a drivers license and borrow dad's car, does he need to transfer ownership of it for you to be able to drive it? Same principal applies.
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  5. #5
    Ex Member Array azchevy's Avatar
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    There is no firearm registration, nor is there a requirement to carry the weapon you qualified with, therefore if you can legally own or possess the weapon, and he can legally own or possess the weapon then there is zero issue. If you or he cannot legally own or possess the weapon under federal law, then there is an issue. No "transfer of ownership" is required in your state. Some states require an FFL to transfer ownership. Yours does not.

    Under the federal Gun Control Act of 1968, certain categories of persons are not eligible to possess a firearm or ammunition. These include

    Fugitives from justice
    Illegal aliens
    Unlawful users of certain drugs
    Those committed to a mental institution
    Those convicted of crimes punishable by imprisonment for more than one year (which generally covers felonies)
    Those convicted of crimes of domestic violence

    The federal law not only creates a permanent ban on gun ownership for anyone convicted of a felony, it even applies to those under indictment for a felony.

    With respect to “domestic violence,” that term is interpreted very broadly in the context of the Gun Control Act. In 2009, the Supreme Court held that the Act’s prohibition extends to anyone convicted of any crime involving “physical force or the threatened use of a deadly weapon” against a person with whom the perpetrator had a domestic relationship--even if the crime is just plain old “assault and battery” rather than a specific “domestic violence” charge.
    Under the Gun Control Act, the conviction itself is enough to trigger the prohibition. It doesn’t matter whether the person actually served a sentence for the felony or crime in question.

  6. #6
    VIP Member Array zonker1986's Avatar
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    sounds like you have someone in mind? As others have stated, there is no registration of guns in Florida, and its perfectly legal to own a gun that was given to you.
    Kimbers are the guns you show your friends....Glocks are the ones you show your enemies.

  7. #7
    Senior Member Array fernset's Avatar
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    Thanks all for the responses

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    If you can "legally possess" and "legally carry" a firearm in FL, the ownership of said firearm is irrelevant--unless it happened to be stolen.
    Retired USAF E-8. Lighten up and enjoy life because:
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  9. #9
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    Quote Originally Posted by zonker1986 View Post
    sounds like you have someone in mind? As others have stated, there is no registration of guns in Florida, and its perfectly legal to own a gun that was given to you.
    Indeed! Planning to frame dad?

    Just kidding.

    We all write weird stuff from time to time.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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  10. #10
    Member Array MisterAvis's Avatar
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    We may not be lawyers, but we've read enough double talk, double think, to know that "jurisprudence" is code for.. "Uhhhh we don't know. So we'll just go with what we did last time."
    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined." -Obligatory Founding Father Quote

  11. #11
    Distinguished Member Array Toorop's Avatar
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    Why not just buy it from your father for a small sum like $1.00 and then sell it back to him later?

  12. #12
    Senior Member Array fernset's Avatar
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    Quote Originally Posted by Hopyard View Post
    Indeed! Planning to frame dad?

    Just kidding.

    We all write weird stuff from time to time.
    Quote Originally Posted by Toorop View Post
    Why not just buy it from your father for a small sum like $1.00 and then sell it back to him later?
    lol. Sounds like you all know how a son's mind works.

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