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I am a NY resident with a NY premise/Target and hunting license but no concealed carry here. I also have a Florida concealed carry.
I would like to buy a firearm in FL to leave in FL, but a store won't sell me as I have to have a Florida address. I was thinking about buying a gun from a friend who does live there and is licensed there. What is the best way legally to do so for both of us? Can he sell me straight out? Should We go through a dealer (or will have same issue as no Florida address for me) or lastly, any ideas on how to legally have an address there?
 

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If you don't have a FL address, where in FL would you be leaving this firearm?
 

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I don't believe that Florida requires a background check for private party firearm sales, so you and your friend could do the transaction without any issues, as long as it's a firearm your friend already owns. If your friend were to buy a a new gun so that he could sell it to you, that would be a strawman sale and that's illegal.

Getting a legal address in FL is easy, but won't do anything for you. You can go rent a mailbox at a postal store and have a valid street address. That's not going to help you buy a pistol though. You'd need to have a valid FL ID, and to get that you'd have to turn in your NY ID.
 

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I believe you need to be a state resident or a dual-state resident for a private purchase with another same-state resident to be legal in any state, that I am aware of. Is Florida different in this respect? You need to research the law. Holding a non-resident CCW doesn't really matter in this respect.

If that is the case, and if you can satisfy the dual-state resident requirements in Florida, then you may be ok. Right now it does not sound as if that is the case. Better safe than sorry.
 

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If you don't have a FL address, where in FL would you be leaving this firearm?
Maybe he intends to drop it in the "amnesty box" as he is boarding his plane for the flight home.
 

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Discussion Starter #7
If you don't have a FL address, where in FL would you be leaving this firearm?
I have very close friends with whom I stay with and vacation with numerous times a year. He is licensed himself and has a safe. Because of my regular visits to them is why I want to have one kept there. I am there regularly with family.
 

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I have very close friends with whom I stay with and vacation with numerous times a year. He is licensed himself and has a safe. Because of my regular visits to them is why I want to have one kept there. I am there regularly with family.
if that is the case and with your Florida non resident CCW looks you are GTG.
 

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Shotguns and rifles are legally to buy out of state ..What you are running into is I am guessing they see your NY ID or the such and go no way in heck I am dealing with that ..Way too much issues

Also I am not a 100 on FL law but some states wont allow FFL to sell to out of state people ..I dont think FL is one but ?

I am guessing if your ID said AL or GA or maybe TX etc etc they would be happy to sell you a Rifle or shotgun ...NY no most places that allow out of state rifle sales really only to state where gun is legal ..While NY nothing is legally in the minds of most FFL so thus your problem.Like when I travle I ask gun stores if they are ok to sale me a rifle out of state that say AZ sure no problem what you want

PPT sales are legal in FL so yes you could get a handgun or rifle off of your buddy

'

But last I checked by the 1968 GCA out of state handguns sales privet or not are not legal period has to be ship to a FFL in your home state ..So stick with longs guns which means no striped or pistol AR lowers or PGO shotguns normal long guns nothing classed odd

And for the love of god dont have him go out and buy a gun and then turn around and sell it you that is pretty much a straw buy in my book

Now he has say a old 870 he has laying around he wants to sell to you that again not a lawyer should be legal but skip handguns or the such
 

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At one point you could get FL in state only DL and keep your NY DL but that is no longer the case
 
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IANAL, but as I understand it, unless you have a legal residence in FL, you will be committing a felony (Federal law) buying a handgun from a FL resident, or FL FFL for that matter.
 

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Buying a long gun from an FFL shouldn't be a problem but a handgun from an FFL would be a no-go. Of course you could just move to FL and take up residency like the rest of the people from NY & NJ then it wouldn't be an issue!:image035:
 

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Under Federal law, all private transactions must be between residents of the same state. An FFL may only transfer a handgun to a resident of the state the FFL is located in, and they may transfer a long gun to a resident of any state. Be aware though, some states require non resident purchases of long guns to be from a contiguous state - i.e. a state that borders the FFL's state - you'd need to check FL and NY law for that.

As far as the ATF is concerned, only active duty military can claim residence in more than one state. Under no circumstances can you legally take possession of a handgun in FL. You can purchase from a FL FFL, but they must ship the firearm to a FFL in NY for transfer so, even if you planned to take it back to FL and leave it there, it would have to be compliant with any and all NY restrictions.

As to storing the gun long term with a friend or family member, there could be some legal issues there. It might be better to rent a safe deposit box or some other form of commercial secure storage.
 

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I don't know Fla law but to meet federal regulations You need to be a resident of Fla. You can meet that requirement with a rental home. Just owning property or renting a Mail box would not do it. The fed believes that if I have a home in CA and another in AZ, During the time I am living in AZ I am a AZ resident.
I have a friend who has two FFL's One in CA and another in NV. He has an apartment in CA and a room at his parents home in NV. He was very careful to explain the living arrangement to the fed's. They were not concerned as long as he was not braking either CA or NV laws by moving guns back and forth across state lines.

So in the OP's case he would need a rental agreement showing that he has a home in Fla to meet the federal requirement's. This would be true even for his buddy to sell him a handgun person to person. Because its only legal to sell to another person within that state if they are otherwise able to own a handgun.

If your buddy is willing to give you a rental agreement you would meet the federal regs. He may or maynot want to do that because it also gives you other rights to his property. And then you need to look at Fla law to see that you are meeting their standards. Good Luck DR
 

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I misspoke regarding residency in multiple states. From https://www.atf.gov/file/55496/download:

ATF has previously addressed the eligibility of individuals to acquire firearms who
maintain residences in more than one State. Federal regulations at 27 CFR 478.11
(definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two
States may, during the period of time the person actually resides in a particular State,
purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and
Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held
that, during the time college students actually reside in a college dormitory or at an offcampus
location, they are considered residents of the State where the on-campus or offcampus
housing is located.
 

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I don't believe that Florida requires a background check for private party firearm sales, so you and your friend could do the transaction without any issues, as long as it's a firearm your friend already owns. If your friend were to buy a a new gun so that he could sell it to you, that would be a strawman sale and that's illegal.

Getting a legal address in FL is easy, but won't do anything for you. You can go rent a mailbox at a postal store and have a valid street address. That's not going to help you buy a pistol though. You'd need to have a valid FL ID, and to get that you'd have to turn in your NY ID.
We are talking about a FL resident transferring a firearm to a NY resident This is absolutely illegal without a FFL on the buyers end.
https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download
@K34Mike You should be able to have the store ship to a FFL in NY. Or, try a different store. I know a local store who will make up their own policies. You can't do much about it because their FFL gives them the authority to deny anyone for any reason. I now shop where they follow state and federal law, so I know the deal before walking in.
 
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