wildrider666
Master
This issue surfaced recently when a under 21YO Member inquired about purchasing a firearm on GCGF.
Non-Lawyer disclaimer (but I can read): I still find the referenced "Law" lacking in clarity compaired to its wide "ASSUMED" application. There is no penalty for a person under 21 YO who attemps or succeeds purchasing a firearm from a FFL or private party sale (which is never mentioned in the Law). There is no penalty for a private party "Seller" that attempts or completes a firearm Sale to someone younger than 21YO. The law only contains a Penalty for a Licensed Dealer.
(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
So unless LE or a prosecutor makes a stretch to some bogus charge like creating a public nuisance or reckless endangerment: there is nothing Chargable for an under 21 Buyer and a Private Seller AS THE LAW IS WRITTEN.
I welcome Lawyer and current FL LE to comment on what they would do if they encounter a private sale to an under 21YO.
Non-Lawyer disclaimer (but I can read): I still find the referenced "Law" lacking in clarity compaired to its wide "ASSUMED" application. There is no penalty for a person under 21 YO who attemps or succeeds purchasing a firearm from a FFL or private party sale (which is never mentioned in the Law). There is no penalty for a private party "Seller" that attempts or completes a firearm Sale to someone younger than 21YO. The law only contains a Penalty for a Licensed Dealer.
(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
So unless LE or a prosecutor makes a stretch to some bogus charge like creating a public nuisance or reckless endangerment: there is nothing Chargable for an under 21 Buyer and a Private Seller AS THE LAW IS WRITTEN.
I welcome Lawyer and current FL LE to comment on what they would do if they encounter a private sale to an under 21YO.