Educate me on current gun regulations

The current gun control debates have pointed out to me how piss poor my knowledge is on gun purchase/ownership regulations. Please educate me on what can be bought legally, the restrictions, the retail store side, and the gun show or private sale side, and anything else you can think of. I realize I can look most of this up, but written rules and reality sometimes differ. Thanks.

In short.

Every state has its own Laws.

Guns are like cars. You can have anything your bank will finance.

It is just that EZ, no more no less.

You may need to clarify/narrow your question a little to get decent answers.

In what state? (California rules/magazine size) At what age? (handgun or not) With what permits? (NFA) With what waiting period (CT)

There are weapons that are legal to own, but not commonly owned because of the expense/red tape

I live in FL if that helps.

MrJoshua wrote: I live in FL if that helps.

Everybody in our state should have a copy of this
http://floridafirearmslaw.com/

pg 40 of my book (6th edition) has chart that summarizes what you need to know. I'll see if I can find a copy of that chart online. (I'm too lazy to retype it all.)

this is relevant http://crime.about.com/od/gunlawsbystate/p/gunlaws_fl.htm

You're in Florida, which is a little less restrictive than some other states, and a little more restrictive than some other states, but here's the short rundown:

1. Anyone purchasing a gun from a licensed dealer must pass a background check.

2. Long guns (rifles, shotguns, etc) are cash and carry (with a successful background check). Pistols require a three business day waiting period.

3. Concealed carry is allowed with a permit. Getting a permit requires the completion of a mandatory four-hour course (the mandatory part is heavy on laws and safety but light on actual trigger time. Some instructors add additional practice time, however.) The permit also requires additional background checks and FBI research, as well as fingerprints. It sounds complicated, but it's not. All-in you're looking at around $400 and 8-10 weeks for a permit. Permit holders also bypass the requirement for the waiting period for pistols.

4. No restriction on the number of guns you can own, and no "registration" necessary.

5. Since no registration is required, you may transfer a firearm as a private individual to another private party. This is basically the "gun show loophole" you've heard so much about. Personally, I think you'd be a moron to sell a gun to someone without getting AT LEAST a copy of their ID, and a signed statement detailing the transfer. Better yet, do it through a licensed dealer. All of them will do private transactions for about $30-40, and that way everyone is protected.

Speaking of "gun show loopholes," don't expect to go to a gun show in Florida and walk away with a pistol if you aren't a CCW holder. Most of the sellers at a given show are legit dealers, and they'll call in your background check and make you wait for a pistol just like in the store. Actually, gun shows kind of suck. You're generally going to find the same prices you see in the stores.

1. You may transport a firearm in your vehicle, so long as it is not immediately accessible (unless you have a CCW permit, then you may carry in an accessible location). There's always lots of discussion about whether your car is an extension of your home, and the "castle doctrine" applies, with little conclusion. Best bet, if you want to have a gun in your car, get a permit.

That's pretty much it. Really, in Florida, your safest bet if you want to be involved in shooting sports (especially pistols) is to get a CCW permit. For long guns, not so much, but it still isn't a bad idea.

jg

JoeyM wrote: There are weapons that are legal to own, but not commonly owned because of the expense/red tape

This too. Basically if you want to own something fully automatic, you can do it, but it's a lengthy and expensive process. Then good luck finding a fully automatic firearm to purchase. Then good luck finding someplace that will let you shoot it. Then good luck affording the ammo you're using at about a box every three seconds that isn't really hitting much of anything.

jg

Isn't there also a caliber restriction on what you can own without a specific license? I have this vague recollection that .50 cal is OK, but if you want much bigger you'll need a special license?

Things over a half inch are not considered to be the same as things a half inch and under, per federal law. Again, if you have the money, yeah, you can probably (evenually) buy and shoot a 12 inch cannon. Oh, and black powder is "different." So a 64 or whatever caliber black powder rifle is not considered to be in the same "class" as a 20mm cannon. Things just slightly over a half inch, like some elephant guns ("dangerous game calibers") may fall into that half inch category and not be considered the same as a 20mm cannon, I believe, but the law does say half inch.

Oh, and, BH Tim, I found out a couple years ago that legal residents of the US are also eligible to purchase firearms, the same as anyone else in this country. Show your green card at the gun dealer. I used to think you had to be a citizen, but, nope, just a "legal." And even illegals may have some rights to firearms, per recent court rulings.

State laws apply.

BoxheadTim wrote: Isn't there also a caliber restriction on what you can own without a specific license? I have this vague recollection that .50 cal is OK, but if you want much bigger you'll need a special license?

I think that rifled slugs in a 12 ga. shotgun are quite a bit larger than .50 caliber...

JoeyM wrote:

BoxheadTim wrote: Isn't there also a caliber restriction on what you can own without a specific license? I have this vague recollection that .50 cal is OK, but if you want much bigger you'll need a special license?

I think that rifled slugs in a 12 ga. shotgun are quite a bit larger than .50 caliber...

Go the other way and get a Taurus Judge.

A FOAF bought a Taurus Judge, which is a revolver that shoots .410 shot shells. The F was laughing at how absurd it is, apparently the barrel is only a couple inches long. Only four pellets per shell, and from his description, there's no point to having sights because it's not much use beyond a few yards. Great for an "oh E36 M3" weapon, anyway.

I have no idea how that thing is legal to make, i thought shotguns had to have a minimum barrel length and stock length.

edit: Wikipedia hooked me up with the knowledge - Federally, since the barrel is rifled, it is not classified as a shotgun, but California law is written differently and it is illegal to possess there.

Knurled wrote:

JoeyM wrote:

BoxheadTim wrote: Isn't there also a caliber restriction on what you can own without a specific license? I have this vague recollection that .50 cal is OK, but if you want much bigger you'll need a special license?

I think that rifled slugs in a 12 ga. shotgun are quite a bit larger than .50 caliber...

Go the other way and get a Taurus Judge. A FOAF bought a Taurus Judge, which is a revolver that shoots .410 shot shells. The F was laughing at how absurd it is, apparently the barrel is only a couple inches long. Only four pellets per shell, and from his description, there's no point to having sights because it's not much use beyond a few yards. Great for an "oh E36 M3" weapon, anyway. I have no idea how that thing is legal to make, i thought shotguns had to have a minimum barrel length and stock length. edit: Wikipedia hooked me up with the knowledge - Federally, since the barrel is rifled, it is not classified as a shotgun, but California law is written differently and it is illegal to possess there.

Try the Circuit Judge, same thing, long barrel and a butt stock.

Back on topic, NRA legal site, VERY useful.

neon4891 wrote: Back on topic, NRA legal site, VERY useful.

Interesting.

ANTIQUES AND REPLICAS Unless used in the commission of a crime, the term firearm shall not include an antique firearm. An antique firearm is any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replicas thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

I think this makes my 1940 Mosin an antique

Knurled wrote:

JoeyM wrote:

BoxheadTim wrote: Isn't there also a caliber restriction on what you can own without a specific license? I have this vague recollection that .50 cal is OK, but if you want much bigger you'll need a special license?

I think that rifled slugs in a 12 ga. shotgun are quite a bit larger than .50 caliber...

Go the other way and get a Taurus Judge. A FOAF bought a Taurus Judge, which is a revolver that shoots .410 shot shells. The F was laughing at how absurd it is, apparently the barrel is only a couple inches long. Only four pellets per shell, and from his description, there's no point to having sights because it's not much use beyond a few yards. Great for an "oh E36 M3" weapon, anyway. I have no idea how that thing is legal to make, i thought shotguns had to have a minimum barrel length and stock length. edit: Wikipedia hooked me up with the knowledge - Federally, since the barrel is rifled, it is not classified as a shotgun, but California law is written differently and it is illegal to possess there.

It's legal because its classified as a pistol, not a long gun. It doesn't matter if the barrel is rifled or not, if it has a buttstock, the barrel must be 16" or longer, otherwise it is a short barreled rifle/shotgun and falls under NFA rules (requires tax stamp and more red tape to buy). A gun classified as a rifle cannot be made into a pistol, but a pistol can have a 16" or longer barrel and buttstock added and become a rifle.

Also, the judge can fire 45 long colt rounds as well.

JoeyM wrote:

neon4891 wrote: Back on topic, NRA legal site, VERY useful.

Interesting.

ANTIQUES AND REPLICAS Unless used in the commission of a crime, the term firearm shall not include an antique firearm. An antique firearm is any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replicas thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

I think this makes my 1940 Mosin an antique

Careful, 18 U.S.C. § 921(a)(16) says antique is 1898.

Osterkraut wrote:

JoeyM wrote:

neon4891 wrote: Back on topic, NRA legal site, VERY useful.

Interesting.

ANTIQUES AND REPLICAS Unless used in the commission of a crime, the term firearm shall not include an antique firearm. An antique firearm is any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replicas thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

I think this makes my 1940 Mosin an antique

Careful, 18 U.S.C. § 921(a)(16) says antique is 1898.

The mosin was designed in 1891..... Doesn't matter, anyway, since you cannot open carry a gun that long. I was just curious about it because of the age.

When you have specific firearm questions regarding law, your best option is to talk to your local sheriff as certain laws change county-to-county.

JoeyM wrote:

Osterkraut wrote:

JoeyM wrote:

neon4891 wrote: Back on topic, NRA legal site, VERY useful.

Interesting.

ANTIQUES AND REPLICAS Unless used in the commission of a crime, the term firearm shall not include an antique firearm. An antique firearm is any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replicas thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

I think this makes my 1940 Mosin an antique

Careful, 18 U.S.C. § 921(a)(16) says antique is 1898.

The mosin was designed in 1891..... Doesn't matter, anyway, since you cannot open carry a gun that long. I was just curious about it because of the age.

You can't open carry a Mosin in Florida? You can in Missouri. You can also.... Conceal it?

N Sperlo wrote: You can't open carry a Mosin in Florida? You can in Missouri. You can also.... Conceal it?

"Is that a Russian bolt-action rilfe down your pants leg or are you...?"

Knurled wrote:

N Sperlo wrote: You can't open carry a Mosin in Florida? You can in Missouri. You can also.... Conceal it?

"Is that a Russian bolt-action rilfe down your pants leg or are you...?"

In reply to MrJoshua:

One other point I didn't see in other posts is that because laws vary by state, it can be difficult to travel to other states with some guns (and I'm not talking about concealed carry). I live in PA and have more or less determined that I can't take a handgun into another border state if I'm doing anything other than just passing through (if just passing through, federal laws apply and its okay to transport a handgun, if certain conditions are met - generally its unloaded, cased and separated from ammo). But I'm often going to visit family, etc. and while in that state, I don't want to violate that state's gun laws, and possession of a handgun without a permit from that state can be a problem. In PA, I don't need a permit to own a handgun, just to carry it concealed.

the most important thing that i've learned out of this whole deal is that if you live in Washington DC, you aren't allowed to have in your possession a high capacity magazine for an AR15 unless you are the host of a sunday morning news show that airs nationally.

novaderrik, you have confused Laws for Us Peons and Suggestions for The Powers That Be.

N Sperlo wrote: When you have specific firearm questions regarding law, your best option is to talk to your local sheriff as certain laws change county-to-county.

I was going to suggest that.