Legal precedent with new Florida gun laws

Jurisdiction
Florida
I recently purchased a 9mm handgun in a private sale. However I've read conflicting information about the legality of this sale now and I'd like to know if there's a precedent for possession of a firearm by someone over 18 but under 21 since the laws have changed. From what I've read it says it is legal as long as I don't carry it with me as a concealed carry since possession by someone 18 and over is not explicitly stated in FL law but federally it's 18. I assume that it's fine but I want to know for sure. Thanks in advance for the help
 
I recently purchased a 9mm handgun in a private sale. However I've read conflicting information about the legality of this sale now and I'd like to know if there's a precedent for possession of a firearm by someone over 18 but under 21 since the laws have changed. From what I've read it says it is legal as long as I don't carry it with me as a concealed carry since possession by someone 18 and over is not explicitly stated in FL law but federally it's 18. I assume that it's fine but I want to know for sure. Thanks in advance for the help
Also apologies if this was posted in the wrong area wasn't sure what to put it under
 
At your age you can not legally carry open or concealed, except open carry is allowed in a few exceptions such as on private property, gun range, etc.
 
At your age you can not legally carry open or concealed, except open carry is allowed in a few exceptions such as on private property, gun range, etc.
I'm was asking about possession not concealed carry, in FL you don't need a license to possess a firearm only for concealed carry which I don't plan on doing so I'm good then correct?
 
No.

Read about "open carry" in Florida. It is only allowed in certain situations.

Generally you can not carry the firearm in public places without a CCW.
 
No.

Read about "open carry" in Florida. It is only allowed in certain situations.

Generally you can not carry the firearm in public places without a CCW.
No.

Read about "open carry" in Florida. It is only allowed in certain situations.

Generally you can not carry the firearm in public places without a CCW.

I'm not carrying it in public I'm just asking if I can legally possess it while it's in my home locked up and unloaded in its case
 
This would not be illegal, however your purchase likely was, and I am not sure you can properly register the firearm (if required) without drawing attention to that.
In Florida you do not have to register a firearm, only a background check is needed for the initial buyer. However I think you're right about the purchase. Thanks for the help
 
In Florida you do not have to register a firearm, only a background check is needed for the initial buyer. However I think you're right about the purchase. Thanks for the help

The purchase was illegal if you read the statute literally:

(13) A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a servicemember as defined in s. 250.01.

Statutes & Constitution :View Statutes : Online Sunshine

And interpret the first sentence as separate from the rest of the paragraph.

A Florida attorney wrote the following last year:

Florida's New Gun Law Changes the Age to Purchase All Firearms to 21
Posted on March 14, 2018

SB 7026 became law in Florida on March 9, 2018 when Governor Scott signed the bill. Since then we have received numerous questions regarding the effects of the new laws. Section 12 of the bill amends Florida Statute §790.065 to ban the sale of any firearm to a person under 21 years of age. The text of the new law creates a conflict with §790.17 and leaves unclear whether or not a person between 18 – 21 may purchase a firearm in a private sale.

Florida Statute §790.065 Sale and Delivery of firearms relates to the steps that a licensed importer, licensed manufacturer or licensed dealer must take prior to selling or delivering a firearm to a purchaser. Nothing in this section has previously dealt with the private sale of firearms. However, under the recently adopted amendment to the law, §790.065(13) now begins with the sentence, "A person younger than 21 years of age may not purchase a firearm." The rest of this amended section deals with the same group of licensed importers, manufacturers, and dealers as before and no penalties are listed that apply to a private sale to a person under 21 years of age. However, the first sentence as noted above does not include language stating that it applies only to those purchases made from a licensed importer, manufacturer, or dealer and seems to be a blanket prohibition against any sale to a person under 21 years of age. This section does not make it illegal for a person under 21 to possess a firearm, but they cannot purchase one.

On the other hand, Florida Statute §790.17(2)(a) was not amended by SB 7026. It still reads, "a person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian." Because this section was not amended and §790.065 deals with licensed manufacturers, importers, or dealers, it is unlikely the new law was intended to be a blanket prohibition against all sales of firearms to those under 21 and was likely intended to apply to only licensed manufacturers, dealers, and importers. Until there is clarification, we strongly caution that the actual wording of the 790.065(13), "A person younger than 21 years of age may not purchase a firearm" be heeded.

—David Katz, U.S. LawShield Independent Program Attorney for Florida
 
Back
Top