Simply owning a handgun

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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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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 ?

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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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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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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.

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What kind of visa, if any, will you be travelling with into the U.S.?

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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.

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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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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 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.

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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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I dunno, NavyLT, you may very well be correct. But my reading of this indicatesit mightbe 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(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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NavyLT wrote:

Here is the Federal law contained in 18 USC 922:

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Thanks, but I didn't see it in your cites.

Sorry for being slow on this.