Can a 17yo legally purchase a rifle in Florida?

[Blackerninja]

What is the name of your state (only U.S. law)? Florida.

According to Florida Statute 790.17

790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.--

(2)(a) 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. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

When it says transfer ownership, does that include a sale of the firearm? Or does that solely mean a free transfer of the item with no currency exchanging hands?

This may only apply to a private sale because I believe the rules FFL Licensed firearms dealers must abide by are federally mandated, but Title 18, Chapter 44 of the US Code concerning Firearms, makes no mention of the term "Rifle", only "Handgun". I believe in legal terms these are exclusive.

Also, my father was convicted of a nonviolent felony in the past. He served no jail time but the maximum sentence possible was over one year which I believe is the line at which you are no longer legally allowed to possess any weapon. Does this mean he would not be able to give written and/or oral permission? I don't think his name would have to be searched in the NICS (National Instant Background Check) Database, as I would be the purchaser.

One more thing, What is the current law regarding a firearm in the same household as someone not permitted to be in possession of one? Would that mean that I would have to keep it locked from him? The Florida statute regarding a minor in possession of a firearm says that the minor may be in possession of it if it is unloaded.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida.

According to Florida Statute 790.17

790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.--

(2)(a) 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. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

When it says transfer ownership, does that include a sale of the firearm? Or does that solely mean a free transfer of the item with no currency exchanging hands?

Seems pretty clear. You can't transfer ownership under any circumstances. Gift, purchase of new gun, purchase of old gun. Anything that turns the gun from 'my' gun into 'his' gun is a transfer of ownership.

Correction (thanks to Blackerninja and Pro). I meant to say that you can't transfer ownership WITHOUT A PARENT'S PERMISSION under any circumstances.

 

[Blackerninja]

Seems pretty clear. You can't transfer ownership under any circumstances. Gift, purchase of new gun, purchase of old gun. Anything that turns the gun from 'my' gun into 'his' gun is a transfer of ownership.

It says they may transfer ownership to me with parent/guardian permission

 

[Proserpina]

Seems pretty clear. You can't transfer ownership under any circumstances. Gift, purchase of new gun, purchase of old gun. Anything that turns the gun from 'my' gun into 'his' gun is a transfer of ownership.

Misto, I'm reading it the same way as the OP - there does seem to be a provision allowing transfer with permission from the parent/s.

 

[Mass_Shyster]

An argument can be made that transferring ownership does not include selling. The statute prohibits selling or transferring ownership, implying that they are different acts. When interpreting a statute, a court will assume the legislature had a reason for inserting each and every word into the statute, so this would support the argument that selling and transferring ownership are different. If transferring ownership included selling, there would be no need for the word "selling" in the statute.

On the other hand, the courts will use the plain language of the statute, and I cannot see how one can sell something without transferring ownership. In this case, it would appear that the word "selling" is redundant.

In any event, the OP is unlikely to be able to purchase a rifle with the permission of the parent. The seller would have to agree, and quite honestly, I can't see a responsible gun owner selling a gun to a 17 year old. Even though the statute may permit a seller to sell to a 17 year old, it does not require a seller to sell to a 17 year old.

 

[cyjeff]

Where ya gonna keep a weapon?

After all, if the cops find it in the same house as dad, he goes to jail.

 

[mistoffolees]

It says they may transfer ownership to me with parent/guardian permission

Yes, my bad. I meant to say that they can't transfer ownership without a parent's permission.

Thanks for the correction.

 

[Blackerninja]

Where ya gonna keep a weapon?

After all, if the cops find it in the same house as dad, he goes to jail.

What if I were to keep it in a locked safe away from my father? (Not that he would be a danger if he had access to a weapon) Merely for the legal requirement?

790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.—

(1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor's parent.

(2) Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of the provisions of subsection (1) of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless:

(a) The minor is engaged in a lawful hunting activity and is:

1. At least 16 years of age; or

2. Under 16 years of age and supervised by an adult.

(b) The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is:

1. At least 16 years of age; or

2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor's parent or guardian.

(c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b).

This leads me to believe that I would legally be allowed to be the one in charge of safe keeping of the rifle.

 

[asiny]

Are you the legal owner of the home? Whose name is on the mortgage/rent/lease? If it is not you, then if the weapon is on the property, or any property in your fathers name, he would be the one liable for it.

Also, my father was convicted of a nonviolent felony in the past. He served no jail time but the maximum sentence possible was over one year which I believe is the line at which you are no longer legally allowed to possess any weapon.

This is the part that interests me most - can a person who cannot legally possess a weapon authorise the ownership of a weapon to a minor (under state law)?
Have you contacted your state police to ask their advice - which is an ATF suggestion?

In addition, from the ATF website;

May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?
Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

I agree that this states 'purchase' and not 'transfer' - but under the circumstances would the two be mutually exclusive?

... but Title 18, Chapter 44 of the US Code concerning Firearms, makes no mention of the term "Rifle", only "Handgun". I believe in legal terms these are exclusive.

You are not reading it correctly - or you are reading the incorrect paragraphs;

Title 18: Chapter 44: Section 922
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;

The correct term is FIREARM - it does not differentiate whether RIFLE or HANDGUN... unless less than 21 (but still 18 or older).

 

[Blackerninja]

Are you the legal owner of the home? Whose name is on the mortgage/rent/lease? If it is not you, then if the weapon is on the property, or any property in your fathers name, he would be the one liable for it.

This is the part that interests me most - can a person who cannot legally possess a weapon authorise the ownership of a weapon to a minor (under state law)?
Have you contacted your state police to ask their advice - which is an ATF suggestion?

In addition, from the ATF website;

I agree that this states 'purchase' and not 'transfer' - but under the circumstances would the two be mutually exclusive?


You are not reading it correctly - or you are reading the incorrect paragraphs;

The correct term is FIREARM - it does not differentiate whether RIFLE or HANDGUN... unless less than 21 (but still 18 or older).

Thank you, this is exactly the information I needed.

I guess you're right, as long as it is on his property it doesn't matter.

As far as the Federal law part, I believe I was reading the wrong paragraphs, as I did not see that; and yes, I know that "Firearm" is the correct term for encompassing both handgun and rifle.

I believe this is now a moot point, as even though there may be interpretations of the local law that say I would be able to purchase a firearm, FFL dealers abide by federal law, and although I am not sure if private sales must follow the same federal law, most people would not care what the fine print of the law says, and follow the general consensus of nobody under 18 buying your firearm.

It would be infinitely easier just to have my uncle purchase the rifle, and possibly store it at his home.

Thanks to those who replied with information.

 

[asiny]

As far as the Federal law part, I believe I was reading the wrong paragraphs, as I did not see that; and yes, I know that "Firearm" is the correct term for encompassing both handgun and rifle.

I meant no disrespect on this - When I used firearm was you stated the statute does not reference "Rifle" only "Handgun". When this is incorrect.

It would be infinitely easier just to have my uncle purchase the rifle, and possibly store it at his home.

Is your Uncle a legal guardian? If not, the only person allowed to do this would be your legal parent.
Wait until you are 18 - buy it and store it away from anything that has your Dad's name on it. Better safe than sorry.
Curiosity - Why would/feel you need a weapon?

 

[swalsh411]

Curiosity - Why would/feel you need a weapon?

The very question is biased. The word "weapon" strongly implies (at least to me) a tool whose primary purpose is violence. There are many reasons to own guns that have nothing whatsoever to do with hurting living things.

 

[Blackerninja]

I meant no disrespect on this - When I used firearm was you stated the statute does not reference "Rifle" only "Handgun". When this is incorrect.

Is your Uncle a legal guardian? If not, the only person allowed to do this would be your legal parent.
Wait until you are 18 - buy it and store it away from anything that has your Dad's name on it. Better safe than sorry.
Curiosity - Why would/feel you need a weapon?

I don't need a weapon, but I have been interested in marksmanship for a few years now, and now that I'm nearing the age I can do this myself, I'm looking at my options.

My city has a local Sportsman's Club with a few ranges and frequent events, so I'm looking into a bolt-action rifle for target shooting.

 

[mistoffolees]

My city has a local Sportsman's Club with a few ranges and frequent events, so I'm looking into a bolt-action rifle for target shooting.

Then according to the statute, you either wait until you're 18 or get a parent's permission. And even then, you can not keep it in the home with your father. I would not leave it with a friend, either - that creates its own legal issues. I would only buy a gun if the sportsmen's club has storage lockers you can rent. If that's not the case, then simply rent a gun from them when you want to shoot - although you probably have to be 18 or have a parent's permission for that, too.

 

[asiny]

The very question is biased. The word "weapon" strongly implies (at least to me) a tool whose primary purpose is violence. There are many reasons to own guns that have nothing whatsoever to do with hurting living things.

Sorry - thought I used an acceptable use of the word. I own many weapons - none are used for violence.

Definition of Firearm
a weapon from which a shot is discharged by gunpowder —usually used of small arms
Firearm - Definition and More from the Free Merriam-Webster Dictionary

Roget's 21st Century Thesaurus
Main Entry: firearm
Synonyms: handgun, heat*, musket, pistol, revolver, rifle, shotgun, weapon
Firearm Synonyms, Firearm Antonyms | Thesaurus.com

I don't need a weapon, but I have been interested in marksmanship for a few years now, and now that I'm nearing the age I can do this myself, I'm looking at my options.
My city has a local Sportsman's Club with a few ranges and frequent events, so I'm looking into a bolt-action rifle for target shooting.

If that's not the case, then simply rent a gun from them when you want to shoot - although you probably have to be 18 or have a parent's permission for that, too.

During my search, yesterday, I believe I came across that you can legally rent a rifle at a Sportsman's Club when under the supervision of one of the site instructors.
Have you contacted the clubs in your area and asked their perspective? - they would definitely have an answer.