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    Florida - Purchasing a handgun

    Thought this might interest some of you bi-State members.
    I was in a gun store in Florida, it nice to see a display with something in it. Anyway, I am currently a NJ resident and was asking about long gun and hand gun options and the owner asked me I owned a home in Florida. I do, to which he said "Welcome to Florida since you own property you are considered a resident". So I can purchase a handgun by showing my NJ drivers license and proof that I own a home and pay property taxes. Clearly, I can't bring the firearm back to NJ but a hell of a lot simpler than the hoops NJ makes you jump through.

    #2
    Really?
    I thought that your driver’s license is your primary residence and buying in FL would be a no go. Interesting.

    Comment


      #3
      I believe you need to be an official permanent resident and file Federal taxes there, anyway....


      File a Florida Declaration of Domicile



      The Florida "Declaration of Domicile" is a document that allows you to declare that you're a bona fide resident of Florida. It states that you reside in and maintain a place of residence in the state. You intend to maintain the residence as your permanent home.


      You must declare in the document whether you also maintain another place or places of residence in some other state or states. You must confirm that your residence in the State of Florida constitutes your predominant and principal home if you do.


      You must sign the Florida Declaration of Domicile must in front of a notary public or the deputy clerk of a Florida court. It must then be recorded in the public records of the Florida county in which you reside. There's a minimal fee for recording.


      Signing and recording a Florida Declaration of Domicile isn't required to establish your Florida residency, but it does put the public on notice that you have indeed made Florida your permanent home. The penalty for perjury for falsely signing the Declaration of Domicile is five years in state prison and a $5,000 fine.1

      Obtain a Florida Driver's License


      You must have a valid Florida driver's license if you drive. Otherwise, it will provide evidence to the state that you're trying to cut ties with that you haven't officially moved. You have 30 days to get one after you file your Florida Declaration of Domicile. You'll need proof of your Social Security number and two documents that show your Florida address.2



      The Florida Department of Motor Vehicles will take your driver's license from your former state when you apply. Florida doesn't allow you to have two licenses. Consider getting a Florida non-driver ID card instead if you don't drive.

      Comment


        #4
        ATF actually has a more reasonable definition of residence. It actually explains it well right on the directions of the 4473 form. The biggest issue is finding a FFL that actually allows you to use the second residence. I have a second home in PA and none of the FFLs I have spoken too would ever consider letting me use my PA secondary residency.

        Comment


          #5
          Maybe it was a pawn shop???

          Comment


            #6
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              #7
              Originally posted by Mad_Dog_Devo View Post
              ATF actually has a more reasonable definition of residence. It actually explains it well right on the directions of the 4473 form. The biggest issue is finding a FFL that actually allows you to use the second residence. I have a second home in PA and none of the FFLs I have spoken too would ever consider letting me use my PA secondary residency.
              Comes up all the time for other issues in secondary homes--such as car insurance, pistol permits. We own a home upstate (and in FL) and the judge issues pistol permits upstate without restrictions but obviously it has to be your primary residence --have to live there over 50% of the time and file taxes from that address. They specifically state second residences don't count.
              Same goes for car insurance--and many people fudge on this, since it's much cheaper up there than Long Island.

              Not sure how the purchase of a handgun applies with the "residence" requirement but as posted above it seems FL also has some specific definitions for official "residency" . Surely this must have come up with the many transplanted NYers and NY residents that own vacation homes there.

              Comment


                #8
                If you have a few hours, read this and let it roll around in your mind.This is why dealers get jammed up.


                ATF:

                What constitutes residency in a state?


                For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business.
                A member of the Armed Forces on active duty is a resident of the state in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member’s permanent duty station is in a nearby state to which they commute each day, then the member has two states of residence and may purchase a firearm in either the state where the duty station is located or the state where the home is maintained.
                [18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]

                May a person who resides in one state and owns property in another state purchase a firearm in either state?

                If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.

                May a licensee sell a firearm to a non-licensee (note: this means a non-FFL holder) who is a resident of another State?

                Generally, a firearm may not lawfully be sold by a licensee to a non-licensee (no FFL) who resides in a State other than the State in which the seller’s licensed premises is located.
                However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the licensee in his or her State of residence. (note: the ordinary transfer that we all know and love)
                In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.







                LI Ammo, 2 Larkfield Rd. East Northport, (closed Sundays during Covid Apocalypse)

                Comment


                  #9
                  Again it comes down to a proof of residence issue, and the fine print that qualifies that.

                  Just like people do this for tax reasons, car insurance, professional licenses, etc. You have to find a way to substantiate residency.

                  I think the OP is saying that the gun shop owner stated that if you own any property in FL (even if it's not your Federal "primary residence") you are considered a "Florida residence" and thus can purchase a handgun. Not sure if that definition is legally true.

                  Comment


                    #10
                    I guess I should have purchased something - I didn't have my property tax forms with me. In 3 days I would have had my answer.

                    Comment


                    • Destro
                      Destro commented
                      Editing a comment
                      Just cause you can do something doesn't make it legal. I can file a Florida Declaration of Domicile and it can go through, even if I don't own a thing in the state (it would be perjury). A gun store on LI was famously selling pre-ban wasrs years ago. No such thing exists and all those were potential felonies.

                      Gun shop advice and what they push through is hardly the law. I am curious to the issue of "resident" or "permanent resident" in regards to this as I too have a vacation residence in FL, Good luck, and I hope this is the case.

                    #11
                    I was an FFL in NY and Now in FL. The way I was told by ATF for handgun transfers is NY Residents who own a second home in Florida but maintain a NY Drivers License Can purchase a handgun in Florida provided they bring with them a current Tax bill of the Florida residence and they are the owner. ( Not a trust) They will show their NY Drivers license (Pistol permit is irrelevant in this situation) and the copy of the tax bill. They will will out the 4473 and expect to have a three day wait period before they can take possession.

                    Comment


                      #12
                      I have bought Long Guns in Florida several times including Basspro Shop and transfers at two different LGS’s.

                      Walmart and some LGS’s will not sell a gun without a Florida driver’s license.

                      Some even can look up your property for you so you don’t even need the tax bill.

                      But there is a waiting period in Florida.

                      I did transfer a handgun off my license in NY also at a LGS with no problem.
                      Last edited by Mike103; 02-17-2021, 02:04 PM.

                      Comment


                        #13
                        Originally posted by donfrank View Post
                        Thought this might interest some of you bi-State members.
                        I was in a gun store in Florida, it nice to see a display with something in it. Anyway, I am currently a NJ resident and was asking about long gun and hand gun options and the owner asked me I owned a home in Florida. I do, to which he said "Welcome to Florida since you own property you are considered a resident". So I can purchase a handgun by showing my NJ drivers license and proof that I own a home and pay property taxes. Clearly, I can't bring the firearm back to NJ but a hell of a lot simpler than the hoops NJ makes you jump through.
                        Dont forget the background ck required..
                        if you become Florida resident kiss NJ pistol license goodbye..
                        If you want to carry that pistol legally in Florida you must get your Concealed carry permit..

                        Comment


                          #14
                          Originally posted by Ransom View Post

                          Dont forget the background ck required..
                          if you become Florida resident kiss NJ pistol license goodbye..
                          If you want to carry that pistol legally in Florida you must get your Concealed carry permit..
                          Which you DON'T actually need to be an FLA resident for to get

                          Comment


                            #15
                            What if you don't drive? Can't you get a FL non driver ID with your FL address on it? Certainly they can't require you to have a drivers license to own a gun?

                            Comment

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