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northstar65
Regular Member
| Joined: | Fri Jun 5th, 2009 |
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| Posts: | 21 |
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Posted: Tue Jun 9th, 2009 05:57 pm |
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| I will be retiring soon and plan on spending 4-5 months of the winter here in FL.Is it possible/legal to purchase a handgun privatly if I rent an apartment for that period of time.I understand that Florida requires a person to obtain a FL drivers licence after 90 days of residence.Any thoughts ?
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smoking357
Banned
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Posted: Wed Jun 10th, 2009 01:50 am |
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northstar65 wrote: I will be retiring soon and plan on spending 4-5 months of the winter here in FL.Is it possible/legal to purchase a handgun privatly if I rent an apartment for that period of time.I understand that Florida requires a person to obtain a FL drivers licence after 90 days of residence.Any thoughts ?
Your easiest course is to buy a handgun where you currently live and bring it with you when you come to Florida.
You'll likely save money, too, since Florida gun stores are, as a rule, higher priced than
other states.
If you know where to shop in Florida, you'll save money, but that "knowing" has its own steep cost in obtaining it.
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northstar65
Regular Member
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Posted: Wed Jun 10th, 2009 02:04 am |
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| I did not mention that I am a Canadian citizen in the last post and that buying a handgun privatly is the only route I believe that I can take to owning one. Sorry for the lack of detail.
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HankT
State Researcher
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Posted: Wed Jun 10th, 2009 05:26 am |
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northstar65 wrote: I did not mention that I am a Canadian citizen in the last post and that buying a handgun privatly is the only route I believe that I can take to owning one. Sorry for the lack of detail.
What kind of visa, if any, will you be travelling with into the U.S.?
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smoking357
Banned
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Posted: Wed Jun 10th, 2009 03:59 pm |
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northstar65 wrote: I did not mention that I am a Canadian citizen in the last post and that buying a handgun privatly is the only route I believe that I can take to owning one. Sorry for the lack of detail.
The Form 6 is a pain, but, with work, you might be able to bring your gun into the U.S. Once you establish permanent residency in the U.S., it's a simple matter to buy a gun across the counter at any gun shop.
In the U.S., if you're not eligible to buy a gun at a gun store, buying one privately is also illegal.
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NavyLT
Regular Member
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Posted: Wed Jun 10th, 2009 05:07 pm |
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smoking357 wrote: northstar65 wrote: I did not mention that I am a Canadian citizen in the last post and that buying a handgun privatly is the only route I believe that I can take to owning one. Sorry for the lack of detail.
The Form 6 is a pain, but, with work, you might be able to bring your gun into the U.S. Once you establish permanent residency in the U.S., it's a simple matter to buy a gun across the counter at any gun shop.
In the U.S., if you're not eligible to buy a gun at a gun store, buying one privately is also illegal.
The above statement bolded and underlined is FALSE.
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NavyLT
Regular Member
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Posted: Wed Jun 10th, 2009 05:21 pm |
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Here is the Federal law contained in 18 USC 922:
(g) It shall be unlawful for any person—
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.—
(1) Definitions.— In this subsection—
(A) the term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term “nonimmigrant visa” has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) Exceptions.— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is—
(i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or
(ii) en route to or from another country to which that alien is accredited;
Also, 27 CFR 478.11 specifies that an alien must reside in a state for 90 consecutive days before being considered a resident of that state:
State of residence. The State in which an individual resides. An
individual resides in a State if he or she is present in a State with
the intention of making a home in that State. If an individual is on
active duty as a member of the Armed Forces, the individual's State of
residence is the State in which his or her permanent duty station is
located. An alien who is legally in the United States shall be
considered to be a resident of a State only if the alien is residing in
the State and has resided in the State for a period of at least 90 days
prior to the date of sale or delivery of a firearm.
Last edited on Wed Jun 10th, 2009 05:27 pm by NavyLT
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northstar65
Regular Member
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| Posts: | 21 |
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Posted: Wed Jun 10th, 2009 08:05 pm |
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| Canadians who enter the U.S. do not require any visa and are allowed to stay up to 180 days if they are not seeking employment or attending school. Only need a passport since June 1st/09.
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NavyLT
Regular Member
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Posted: Wed Jun 10th, 2009 08:33 pm |
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northstar65 wrote: Canadians who enter the U.S. do not require any visa and are allowed to stay up to 180 days if they are not seeking employment or attending school. Only need a passport since June 1st/09. Without an immigration type visa, then, I would say that you would have to be a continuous resident in a state for 90 days and possess a hunting license to fall under the y(2) exception of 18 USC 922 in order to obtain a firearm in the US.
That's just the way I read it, though. I am not a lawyer, and I am not that familiar with immigration laws.
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HankT
State Researcher
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Posted: Wed Jun 10th, 2009 10:42 pm |
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NavyLT wrote: northstar65 wrote: Canadians who enter the U.S. do not require any visa and are allowed to stay up to 180 days if they are not seeking employment or attending school. Only need a passport since June 1st/09. Without an immigration type visa, then, I would say that you would have to be a continuous resident in a state for 90 days and possess a hunting license to fall under the y(2) exception of 18 USC 922 in order to obtain a firearm in the US.
That's just the way I read it, though. I am not a lawyer, and I am not that familiar with immigration laws.
I dunno, NavyLT, you may very well be correct. But my reading of this indicates it might be the reverse. But I'm not sure by any means. The key seems to be whether northstar will be a non-immigrant resident or not. We know he does not have a non-immigrant visa, of course, because he said so. But is he a non-immigrant resident? Ahh, I'll just let him read it and you and others can sort it out. HTH.
Purchase By Aliens:
According to federal law, an alien...., except those with a nonimmigrant visa, may purchase a firearm so long at they are legally in the United States, are a resident of the State in which the firearm is purchased, and have been a resident of that State for an uninterrupted "ninety continuous days." ..... The "90 continuous days" requirement means exactly that. The alien must continuously reside in Florida for a 90 day period prior to the purchase of the firearm without leaving the State. If he or she goes to another state orr coutnry within the 90 days, even for a day, they must start the 90 day period anew whne they return to Florida. For a non-immigrant alien the 90 day period is the 90 days immediately prior to the purchase.(ATF Ruling 2004-1.)
The dealer who sells an alien a firearm must obtain proof of residency by examination of documents such as....
Those aliens who are "non-immigrants" here on a "non-immigrant" visa may also purchase/possess ammo and firearms only under specialized conditions set forth in 18 USC 922(y)(2). The 90 day resideny requirement applies to purchase from .....FFL's) in an over the counter sale. Since purchase usually requires a current hunting license, ...
Simple warning....if your legal status as an alien ever changes so that you're illegally in the U.S.A. -- your ownership or possession of a firearm or ammuntion will constitute a felony.
This is an abbreviated version of the section on p.28 of Florida Firearms: Law, Use & Ownership, Sixth Edition--2006 by Jon H. Gutmacher, Esq. I've left out the footnotes 'cause I'm lazy and you just really want to get this get this book. There is an updated version of the 6th edition out now. Good luck, northstar.
http://www.floridafirearmslaw.com/mm5/merchant.mvc?Screen=CTGY&Store_Code=FFL&Category_Code=Florida-Firearms-Law-Use-And-Ownership-Info
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smoking357
Banned
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Posted: Thu Jun 11th, 2009 01:13 am |
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NavyLT wrote: Here is the Federal law contained in 18 USC 922:
Thanks, but I didn't see it in your cites.
Sorry for being slow on this.
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NavyLT
Regular Member
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Posted: Thu Jun 11th, 2009 07:27 am |
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smoking357 wrote: NavyLT wrote: Here is the Federal law contained in 18 USC 922:
Thanks, but I didn't see it in your cites.
Sorry for being slow on this.
smoking 357,
You must be speaking about your false statement:
In the U.S., if you're not eligible to buy a gun at a gun store, buying one privately is also illegal.
You didn't see it in my cites of the law, because that is not why I posted the reference to Federal law. I posted the reference to the Federal law to attempt to shed more light upon the OP's questions.
However, I will give you three examples of where your statement is false.
1. 18 year old person wants to buy a handgun. He/she is not eligible to buy a handgun at a gun store, but in most states, it would be perfectly legal for them to buy one in a private sale from a same state resident.
2. Military spouse. Let's say their home state that they maintain their driver's license from is Wyoming. Let's say their active duty husband/spouse gets stationed in Washington. Washington does not require military spouses to obtain Washington driver's license. Now the day that the family moves to Washington, the military spouse is ineligible to purchase a handgun from a gun store in Washington because of lack of in state ID. They also cannot legally purchase any firearm from a gun store in their home of record state, Wyoming, because they are no longer present in Wyoming with intent to make Wyoming a home. However, they are perfectly legal to purchase a firearm, handgun or rifle, in a private sale from another Washington state resident.
3. College student is from Wyoming and goes to school in Oklahoma. Again they keep their Wyoming driver's license. It's basically the same deal with the military spouse. College student is now a resident of Oklahoma the minute they move to Oklahoma to go to school. If the student is less than 21, now they have two strikes against a handgun purchase in a gun store: <21 and no in state ID. Yet they would be perfectly legal to purchase a handgun or a rifle from another OK state resident.
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