Friday, June 27, 2014

What is the Minimum Age to Purchase and Possess Firearms in Florida?

The following is a summary of Florida Law and federal law regarding the minimum age required to possess or own firearms in Florida. This summary is split up between long guns (e.g., rifles, shotguns) and handguns, and is further broken down into differences between federal law and Florida Law. In most cases, Florida follows the federal law.

I. Federal Law – Long Guns
Federal law prohibits anyone with a Federal Firearms License (FFL) from selling or transferring a long gun to any person under the age of 18. Federal law does not provide an age limitation with respect to the sale of a long gun by a private seller to someone under the age of 18. There is also no minimum age requirement for the possession of a long gun.

II. Florida Law – Long Guns
Florida law is stricter than federal law regarding the possession of a long gun by someone under the age of 18. In Florida, a person must be at least 18 years of age to possess a long gun.

III. Federal Law - Handguns
Federal law prohibits dealers from selling or delivering handguns to anyone under the age of 21. Federal law also prohibits the possession of a handgun by any person under the age of 18. Federal law allows the sale of a handgun by a private individual to a person over the age of 18; thus, possession of a handgun by a person over the age of 18 is also allowed.

IV. Florida Law - Handguns
According to Florida law, a person over the age of 18 may lawfully possess a handgun, and may purchase a handgun from a private individual. However, Florida law prohibits dealers from selling handguns to anyone under the age of 21.

Friday, June 20, 2014

What if I am making my own weapon and I have a gun trust?

After the trust is executed, you will need to provide ATF Form 1 and a copy of the trust to the ATF. ATF Form 1 is available on the ATF website. Download ATF Form 1 here Once you receive the tax stamp, you may purchase the parts necessary to make your own weapon.
PLEASE BE AWARE that you may not be in possession of all the parts necessary to manufacture the Class 3 weapon until you receive the tax stamp from the ATF.

What is the ATF?
ATF stands for the Bureau of Alcohol, Tobacco, Firearms and Explosives. The ATF enforces Federal statutes and regulations dealing with firearms and explosives.

Friday, June 13, 2014

What is the NFA?

NFA stands for the National Firearms Act. 
The Act is a federal statute which imposes a statutory excise tax on the manufacture and transfer of certain firearms (such as gun suppressors, gun silencers, SBRs and machine guns) and mandates the registration of those firearms.

Useful NFA Links

Friday, June 6, 2014

Come out and visit us at the SunCoast Gun Show - this weekend!

SunCoast Gun Show

Florida State Fairgrounds
4800 U.S. Highway 301 N
Tampa, FL 33610

June 7 & 8, 2014
Saturday 9:00am - 5:00pm
Sunday 9:00am - 4:00pm

* Next to the University Gun & Pawn Booth

Friday, May 30, 2014

I am interested in setting up a gun trust so I can legally purchase and own a suppressor/silencer.

My concern is that Obama has issued or will issue an executive order banning gun trusts. If such an executive order will exist, will it apply to suppressors, too?

No executive order has been issued that "bans" gun trusts; nor do I know of any proposed order that will do so. The proposed executive orders will merely impose more restrictions on gun trusts (e.g., fingerprinting requirements). Please see our article, "Obama's New Restrictions on Gun Trusts." 
With regard to your question about suppressors, I assume you are asking whether the executive order will prohibit individuals from owning suppressors through gun trusts. If so, then I know of no proposed executive order that will ban suppressors. A suppressor acquired through a gun trust will be treated the same as any other NFA weapon (e.g., machine-gun, short barreled rifle).
We are suggesting to all of our potential clients who are interested in owning an NFA weapon or suppressor through a gun trust to get one as soon as possible—before the new laws go into effect. Please let us know if you have any additional questions.

Thursday, May 22, 2014

Electronic Filing of ATF Forms

The ATF has created an electronic filing system for ATF Form 1 and ATF Form 4.  At this time, the system is unavailable for the filings and it is unsure when the system will be available.  We will keep checking with the ATF and will post when it is up and running.

Why do I need a gun trust?

A gun trust is not needed to obtain Class 3 weapons (machine guns, gun suppressors, gun silencers, fully automatic rifles, short barreled shotguns and short barreled rifles). Without a firearms trust or corporation, prior to submitting Form 1 or Form 4 to the ATF, individuals must receive approval (certification) from their local chief law enforcement officer (“CLEO”). See: FEDERAL FIREARMS REGULATIONS REFERENCE GUIDEMany clients have indicated that law enforcement officers have been reluctant or simply refuse to give the certification to acquire suppressors, silencers, SBRs or other Class 3 weapons. This certification, as well as fingerprinting, is not necessary when you place the Class 3 weapons into a trust. Creating a corporation is another method available, but requires an annual fee and does not provide the privacy that a trust provides.

Are there any possession issues I need to be concerned about with a trust?
Yes. Possession is a critical issue that must be addressed to make certain that those individuals who will have access to the suppressors, silencers, fully automatic weapons, or other Class III weapons are not in danger of prosecution. These are issues that must be addressed in the trust. Safeguards, like a safe or lockbox, where only those legally permitted to possess the Class III weapons have access, are precautions to be considered.

Why should I buy my firearms trust from the Davis Basta Law Firm?
We are happy to answer any questions, offer outstanding customer service, have a quick turnaround time (usually within 2 business days), competitive rates, and we have been preparing firearms trusts for years. Please contact us.For more information and timely articles, visit our Gun Trust Blog

Once I get my trust from you, what do I need to do?
You and each of the Trustees must execute the trust before a notary public and two witnesses. After the trust is completely executed, you will provide a copy of the trust to the gun shop where you are purchasing your Class III weapon. The gun shop will assist you in completing ATF Form 4 and forward ATF Form 4 with a copy of the trust to the ATF. You will pay the gun shop for the Class III weapon and the tax stamp at the time of purchase. Once you receive the tax stamp from the ATF, you will be able to pick up your Class III weapon.