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Old 07-24-2007, 15:38   #1
Genso
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30 or 90 day residency requirement for gun purchase?

Is it true per state law that you must be a resident of Flordia for 30 or 90 days before purchasing a handgun?
Are there exceptions for law enforcement?
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Old 07-24-2007, 17:28   #2
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[Edit]

Misunderstood your question.

I'll leave it someone else better versed, to answer.

Last edited by LGCubana; 07-24-2007 at 17:30..
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Old 07-24-2007, 19:25   #3
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I spoke with someone at a gunstore today - they explained if you are a US citizen, there is no 30/90 day state residency requirement.

They did say, that if you are a non-citizen, there is a 90 day residency requirement... not sure what to make of that.

I hope this jives with other people's knowledge.
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Old 07-24-2007, 21:08   #4
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I was talking to someone behind the counter yesterday and they to told me 90 days of residency. I personally think that is BS but I don't need another gun right away since I found a working holster.

I was told there is NO wait period if you have a ccw permit. I have a WI drivers license. If I still have a WI drivers license, but a FL ccw permit can I pick up a handgun the same day and have no wait?
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Old 07-24-2007, 21:43   #5
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In Florida, the local authorities (usually at the county level, and not at the city/town level) set the rules on waiting periods and residency requirements. There's nothing codified in the Statute's on residency.

You're referring to the Federal Law which states that you must be a residence of the State in which you purchase any handgun (rifles and shotguns are okay). I don't know when the Feds added that residency clause, but it was to help reduce the number of straw man purchases. (BATFe reports show that many guns that end up in the Northeast were purchased in Georgia and Florida!)

How residency is defined is generally declared by something called domicile. While 90 days certainly give the impression that you are in a place to stay (have established residency), that doesn't mean you're domiciled there. In any event, if you purchased a home or have otherwise established residency... i.e. you changed your driver's license over (!!!), you can easily argue residency. Otherwise, having a Wisconsin driver's license, is no indication that you intend to stay.
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Last edited by geekboy; 07-24-2007 at 21:54..
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Old 07-24-2007, 22:14   #6
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FYI, you may want to post in CopTalk to see if there's an exemption from residency for law enforcement officers. There's probably one for officers of the United States (Federal), but I'm unsure.
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Old 07-25-2007, 06:59   #7
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Quote:
Originally posted by Genso
...They did say, that if you are a non-citizen, there is a 90 day residency requirement... not sure what to make of that...
All permanent residents have to provide 3 months of consecutive bills (all from the same source); starting with the most current.

Quote:
Originally posted by passive101
... I have a WI drivers license. If I still have a WI drivers license, but a FL ccw permit can I pick up a handgun the same day and have no wait?
Here's another way to word your question:
Can someone proving residency in one state, go to another state and walk out with a handgun ?

Which should provide the answer.
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Old 07-25-2007, 09:57   #8
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Thanks for the clarification. I'm not LE so that finishes answering my question.
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Old 07-26-2007, 11:20   #9
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I was told there is NO wait period if you have a ccw permit. I have a WI drivers license. If I still have a WI drivers license, but a FL ccw permit can I pick up a handgun the same day and have no wait?

You can buy a LONG GUN as long as it's legal in your home state.

A Florida FFL can only sell handguns to Florida residents.

You would need to get a Florida drivers license before I would sell you a handgun.

You can buy the handgun and have the dealer send it to a FFL in your home state. That is as long as the handgun is legal in your home state.

Court in FL.
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Old 08-15-2007, 09:55   #10
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well said court.. also what address is on your florida CCW.. that should have a large impact on things. even a Florida ID card for 10.00 would work if your ccw has a FL addy. thing is your id car has a issue date. and i cant speak for how closely a particular ffl would look at that if you also had a ccw in hand..
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Old 08-15-2007, 13:28   #11
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You CCW is supposed to match your residence. Why don't you have a Florida DL yet?
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Old 08-15-2007, 13:35   #12
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Quote:
Originally posted by geekboy
In Florida, the local authorities (usually at the county level, and not at the city/town level) set the rules on waiting periods and residency requirements.
I believe the three day waitng period is set by Article 1, section 8 of the Florida Constitution, and by statute.

The residency is set by Federal law.
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Old 08-15-2007, 18:57   #13
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Quote:
Originally posted by Gmountain
I believe the three day waitng period is set by Article 1, section 8 of the Florida Constitution, and by statute.

The residency is set by Federal law.
On the residency, you didn't quote my next sentence which states that residency is set at the Federal level.

The waiting period is set in the Statutes, but, a municipality can set a 3 to 5 day waiting period on purchases. So there is some leeway. However, Gutchmacher says that the law is not applicable on private property, but everyone imposes the 3 day waiting period in all of the Tampa Bay area for all firearm purchases (handguns and rifles).
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