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New Florida Laws and private sales

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  • Big Shrek

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    My question is this - - -> How much "due diligence " does the SELLER owe the state ??
    To stay out of jail do we have to ask the buyer if he is 21. If he is a convicted felon. If he can legally own a firearm in the state of Fla ?? If he is a wacko,nutcase,screwball ?? If he just got finished beating his wife or family pet ??
    What are my responsibilities during a sale given the prospective buyer could be a undercover ATF,FBI,CIA,NAACP,or #metoo, agent ??
    I do not have access to the background check database. So what the fork does the state,feds,or other, want from little ol' me ??
    I'll give 'em a good dose of common sense . . . but beyond that . . . WHAT ?? --- SAWMAN

    About all the average person can do is log onto the local county court records site
    and look up the person's name, to see what they've done in that county.

    They really DO need to set up a BATF line for private sales, in fact.
    Heck, if they're really serious about keeping guns out of bad guy's hands,
    that's the best thing I could think of.
    But if they did something like that, it might mean requiring a 4473 for EVERY sale,
    both FFL & Private.

    I'd be cool with that. As long as, in case of Democrat Tyranny,
    we simply burn all the 4473's if they get gun-grabby.
     

    FLT

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    About all the average person can do is log onto the local county court records site
    and look up the person's name, to see what they've done in that county.

    They really DO need to set up a BATF line for private sales, in fact.
    Heck, if they're really serious about keeping guns out of bad guy's hands,
    that's the best thing I could think of.
    But if they did something like that, it might mean requiring a 4473 for EVERY sale,
    both FFL & Private.

    I'd be cool with that. As long as, in case of Democrat Tyranny,
    we simply burn all the 4473's if they get gun-grabby.

    I’d never be ok with that.
     

    Snake-Eyes

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    Will private sales of firearms be affected under the new laws.
    It is my understanding that in addition to having to be 21 to purchase from an ffl, and a three day wait on all firearms, will private sales change.

    thanks

    790.065, section 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,..."


    So, the buyer under 21 commits a felony by purchasing. The licensed dealer commits a felony by selling. As for the private SELLER, you haven't committed a crime, however... if you facilitate your under-21 buyer to commit a felony, wouldn't that make your sale illegal? Or are they not a "felon" until convicted by a court for the sale they just completed with you? Then, wouldn't you be culpable as an accessory?

    Of course, the under-21-but-over-18 crowd are allowed to receive firearms as GIFTS... they just can't purchase one.

    What a jacked up law.

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html
     

    Snake-Eyes

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    About all the average person can do is log onto the local county court records site
    and look up the person's name, to see what they've done in that county.

    They really DO need to set up a BATF line for private sales, in fact.
    Heck, if they're really serious about keeping guns out of bad guy's hands,
    that's the best thing I could think of.
    But if they did something like that, it might mean requiring a 4473 for EVERY sale,
    both FFL & Private.

    I'd be cool with that. As long as, in case of Democrat Tyranny,
    we simply burn all the 4473's if they get gun-grabby.

    NO.

    You could sell a firearm to Mother Theresa, and thirty-minutes later she pops an aneurism and goes berserk in the convent. Not your fault, and any background NICS approval didn't magically save the innocent lives.

    OR, Johnny con-artist has a stellar FL driver's license and says everything right. You feel good about the purchase. 30-minutes later he goes berserk, too. Also Not your fault. He committed a Crime; you didn't.

    OR, Ned Flanders wants to buy your firearm. Super-nice guy, wouldn't hurt a fly. The "always infallible" crystal-ball NICS check comes back denied. Apparently he's on the wrong watch list due a typo. You put fists on your hips, superman-pose your "No sale, bub" with the false pride of a broken system, and he leaves without a gun. 30-minutes later he watches as an active shooter works their way through the crowd...

    NO. As a private citizen, you have the right to dispose of your property as you see fit. Use your best judgement, and if it goes wrong, that's on your conscience. But what the buyer does after they leave is on Them. They are responsible for Their actions.

    I don't support having the government meddle in my private affairs.
     

    wildrider666

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    Fact: Per the Law, a person under 21YO buys a gun; he/she commits a crime. FFL or not could get tagged with:

    Fl Statute 777.011 Principal in first degree.—Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed, is a principal in the first degree and may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense.

    This just eliminated ALL under 21 sales as far as I'm concerned.
    https://www.flsenate.gov/Laws/Statutes/2011/777.011
     

    Big Shrek

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    Well, I've always wanted a better option than Nothing...no check of any kind.

    The few times I've sold to people I didn't know, used to call in a "Writs & Warrants" check...
    before they even get to the meet. Any citizen could do that with just a name & DOB.
    That gives you the current status of the individual. Wanted, or Not.
    However, that was also 10+ years ago...dunno if Dispatch will still do that for Joe Citizen.

    Online searches these days can pull up a great deal of info...
    Again, just the Name & DOB will pull up a huge variety of records.
    Usually enough to either red flag and stop, or feel relatively cool with continuing.
    Heck, I've done that before buying cars...can't trust anyone these days...
    those Craigslist Murders happen regularly enough...have 'em meet you at the
    Sheriff's Office if in doubt...

    There's got to be a better, safer way of weeding out the wack-jobs :)
     
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