Non-Resident Florida Firearm Purchase

[VPNAVY]

I own a condo in Florida and live in Pennsylvania. I always seem to find some great S&W's in Florida. We are getting ready to take a run down south and I would like to purchase a firearm in Florida. According to the Florida Deparment of Law Enforcement website - it states that you must be a resident of the State of Florida or have 90 days proof of ownership of property in the State of Florida. I printed off the last few state tax statements as proof of ownership. Has anyone here bought a firearm in Florida under similar conditions?

Thanks!

 

[35Rem]

It seems you are correct. You will need the dealer to agree with that. It does seem contrary to the atf regs that are typically quoted.

 

[VPNAVY]

This for the reply 35Rem. Yea - it does seem a little strange - but - I plan on giving a try shortly.

 

[boatme99]

It shouldn't be a problem.
I formerly resided in Florida and Rhode Island seasonally, and could purchase in both states.

You might be able to obtain a Fl. id card. Similar to a driver's licence, with a photo and address, as a temporary resident.

 

[FredBart]

After the Patriot Act tightened up driver's license restrictions, Florida stopped issuing " Florida Only" driver's licenses. This change was made in 2009. Also, Florida state issued ID cards will only be issued if you do not have a FL driver's license. You can no longer have both.

I would contact the local DMV county tax collector in your Florida County to see what they can do for you. A paid property tax bill may be your only proof of property ownership. Also, the Florida Department of Law Enforcement can be helpful. You cannot file a Declaration of Residency with your local county court unless you become a full time resident. This requires a signed affidavit that you live in FL.

 

[AirForceShooter]

If you're not a resident of Fla you can't buy a hand gun here legally.
For ATF purposes there is no such thing as dual residency.

AFS

 

[VPNAVY]

...You might be able to obtain a Fl. id card. Similar to a driver's licence, with a photo and address, as a temporary resident...

Unfortunately, from what I read - you can only get a Florida ID IF you are a resident and don't have (or qualify) for a Florida Drivers License.

...I would contact the local DMV county tax collector in your Florida County to see what they can do for you. A paid property tax bill may be your only proof of property ownership. Also, the Florida Department of Law Enforcement can be helpful....

Already printed off the last two years showing my name, address and taxes paid.

If you're not a resident of Fla you can't buy a hand gun here legally...

I printed off Florida Department of Law Enforcement a statement that says "...or have 90 days proof of ownership of property in the State of Florida..." When I get down to FL - I plan on swinging by the LGS and see what they have to say. My gut feeling is - no go. Thanks again everyone for your input.

 

[islamoradamark]

if you have a CCW that is that is valid in your state and works in florida just bring it with you. when i went to Navada i bought a firearm but they had to ship it to my FFL in my home state.

 

[DeadAye]

You're married?
Have your wife get a FL DL and keep your PA.
You can buy in PA and she can buy in FL....

 

[boatme99]

If you're not a resident of Fla you can't buy a hand gun here legally.
For ATF purposes there is no such thing as dual residency.

AFS

I must disagree. I have done it. I lived in two different states, seasonally, and could purchase firearms in both states.
You MUST live in the state, not just be vacationing.

 

[DeadAye]

I bet Squanto's sorry.

I got 20 bucks says he's dead.

 

[VPNAVY]

if you have a CCW that is that is valid in your state and works in florida just bring it with you. when i went to Navada i bought a firearm but they had to ship it to my FFL in my home state.

I have a Florida Non-Resident CWFL and PA LTCF but just wanted to buy a pistol and leave it in the safe in FL. If I can't get one - I will just continue renting a pistol when going to the range. Thanks for your suggestion.

 

[handejector]

If you're not a resident of Fla you can't buy a hand gun here legally.
For ATF purposes there is no such thing as dual residency.

AFS

Almost Totally Incorrect.
ATF DOES recognize dual residency.
VPNAVY is a legal resident of Florida.
The first two pics below are Question #13 on the 4473 and the instructions for Question #13.
Both are pics of a real 4473.

The last three pics are from the "White Book" of Federal Firearms Regulations Reference Guide, Page 40, Regulation 478.11 Meaning of Terms
Pay close attention to Example 2.
It is totally legal for you to buy handguns in either state as your state of residence, providing you are qualified in all other ways.
This will require that the dealer have enough reading comprehension to understand the law if he is not already familiar with it. You might want to print this post and the pics.
Your PA Dri Lic would be accepted by me, BUT I would require PROOF of residency in both states.
Things like current AND older tax and utility bills are good.
Be able to show the long term pattern of dual residency.

 

[handejector]

Non-Resident Florida Firearm Purchase

BTW-
Quit saying "Non-Resident"
You ARE a resident of Florida.

 

[VPNAVY]

Thanks a bunch. I will get my "package" ready for battle next week!

 

[hobby-gunsmith]

non resident Florida Firearm Purchase

Mere ownership of property does not constitue residence. Most dealers would be wise not to make the sale to you. Due to the federal "Real ID Act" you may not have a drivers license or identification card from more than one State. Florida has complied per F.S. 322.08(6), and acknowledges the rule (15A-1.005) is superceded by the law. However you can purchase a firearm so long as the seller has the firearm delivered to a federally licensed firearms dealer in the buyer's state of residence, and the buyer picks the firearm up in his home state at the federal Licensee's business location (ie: gun store) after filling out the Form 4473, and getting approved by a NICS computer check. Hope this helps.

Nick

 

[handejector]

Mere ownership of property does not constitue residence. Most dealers would be wise not to make the sale to you.

As my pics above show, ATF is completely OK with dual residency.
I would make the sale with sufficient documentation to satisfy the dual residency.
For example, show me the past two years of property tax bills or the lease for your home, the past two or three months of utility bills, and one or two weeks worth of grocery receipts.
I would make copies of all of those and attach them to the 4473.
I have done similar transactions in the past, and the ATF agent who audited my records did not even mention it.

Complying with the law is not difficult.
Using your logic, we should never complete a transaction without verifying the Dri Lic and carry permits for all other transactions.
How does one do that?

 

[KevinCH]

Almost Totally Incorrect.
ATF DOES recognize dual residency.
VPNAVY is a legal resident of Florida.
The first two pics below are Question #13 on the 4473 and the instructions for Question #13.
Both are pics of a real 4473.

The last three pics are from the "White Book" of Federal Firearms Regulations Reference Guide, Page 40, Regulation 478.11 Meaning of Terms
Pay close attention to Example 2.
It is totally legal for you to buy handguns in either state as your state of residence, providing you are qualified in all other ways.
This will require that the dealer have enough reading comprehension to understand the law if he is not already familiar with it. You might want to print this post and the pics.
Your PA Dri Lic would be accepted by me, BUT I would require PROOF of residency in both states.
Things like current AND older tax and utility bills are good.
Be able to show the long term pattern of dual residency.

What if I live with family for 4 or 5 months a year - say, I leave my home in the north & go live with my daughter & her husband in the south from November through March every year. I wouldn't pay taxes or have utility bills, but that would be my residence. What would you use then?

 

[35Rem]

What if I live with family for 4 or 5 months a year - say, I leave my home in the north & go live with my daughter & her husband in the south from November through March every year. I wouldn't pay taxes or have utility bills, but that would be my residence. What would you use then?

You have no proof of residency.

 

[handejector]

What if I live with family for 4 or 5 months a year - say, I leave my home in the north & go live with my daughter & her husband in the south from November through March every year. I wouldn't pay taxes or have utility bills, but that would be my residence. What would you use then?

Do you help support the household?
If so, you are "making a home" in that state.
Draw up a notarized rental agreement.
Have the adult members of the household compose notarized affidavits stating you are renting your part of the house and it is your bona fide "home" for those months of the year.

If you're just sponging off the kids, you're visiting as in Example 1.