Purchase Law
The Firearm Firm Fights to Protect Your Rights!
The Firearm Firm joins with Florida Carry to protect your rights. The attorneys at the Firearm Firm (Law Offices of Katz & Phillips, P.A.), along with the law firm of Kingry and Friday, P.A. have filed a class-action lawsuit on behalf of Florida Carry against the Florida Department of Law Enforcement (FDLE) for its ongoing violations…
Purchasing Guns On The Internet
In previous posts we discussed the private sale of firearms within a state and between states. We also posted about how to document a private firearm sale, should you choose to do so. This post addresses purchasing firearms on the internet. As discussed in the previous posts, a private sale must be between residence of the…
Documenting A Private Sale of Firearms
NO REQUIREMENT TO DOCUMENT To be very clear, Florida law does not require that the private sale of a firearm be documented at all! If the firearm you transfer in a private sale is used in a criminal act, the police will come calling. These suggestions may keep you out of trouble with the law. Documenting…
Private Gun Sales Between States
Recently we posted about Private Gun Sales. In that post we wrote: Under federal law, an unlicensed (non-dealer) may only “transfer” a firearm to another unlicensed person in the same state. But what happens if the buyer or seller have a home in more than one state? What about Members of the Armed Forces, stationed outside their home…
The Second Amendment Under Attack – “ASSAULT WEAPON BAN” Legislation pending in Florida House and Senate
By: David S. Katz Firearm owners and gun rights advocates in Florida now have two “Assault Weapons Ban” bills to worry about. House Bill 455 and an almost identical bill in the Senate, Senate Bill 466. Below is a very short and condensed analysis of the proposed infringements on Floridians Second Amendment rights under the…
Gifting A Firearm To A Person Under 21 Years Old
By Danielle Wall So, you want to give your child, niece, nephew, grandchild, cousin a firearm as a gift. This can be done relatively simply, but when the person you are wanting to gift a firearm to is a minor, there are some very important laws in Florida that you need to be aware of….
What is an RPO (Risk Protection Order)?
By David S. Katz Risk Protection Orders are also known as Red Flag Laws. Under Florida law, a “Risk Protection Order” or “RPO” is either a temporary or final order prohibiting the possession or purchase of a firearm or ammunition, issued against a person who poses a significant danger of causing personal injury to himself/herself…
Medical Marijuana, Your CWFL, and Possessing Firearms
by David S. Katz ATF Letter on Medical Marijuana It is important to realize that although the State of Florida has recently passed medical marijuana legislation legalizing the use of marijuana for some people, the Federal Government still considers marijuana a controlled substance. Should you decide to use marijuana under a lawful prescription, you should…
Can I Purchase a Firearm for Someone Else?
By David S. Katz Can I buy a firearm for another person? No. This would be a “straw man” purchase. In order to legally purchase a firearm from a dealer, you must be the “actual purchaser or transferee.” If you are not the actual purchaser or transferee, it is illegal for you to complete the…
What is an FFL (Federal Firearms License) & Who Must Have One?
By David S. Katz What is an FFL? An “FFL” or Federal Firearms License is a license required by federal law for people or companies engaged in the business of buying and selling firearms. A federal firearms licensee is often called an “FFL” or “dealer.” When an individual purchases, sells, or transfers a firearm through…
Appealing a Denied or Delayed Background Check Response
Persons who believe they have been erroneously denied or delayed a firearm transfer based on a match to a record returned by the NICS may request an appeal of their “deny” or “delay” decision. All appeal inquiries must be submitted to the NICS Section’s Appeal Service Team (AST) in writing, either online on the FBI’s…
Firearm Background Checks – General Information.
Background checks are done by firearms dealers when transferring firearms (selling or trading). These background checks are completed through the National Instant Criminal Background Check System or NICS, prior to the transfer of a firearm from an FFL dealer to a non-dealer. When the prospective purchaser/transferee’s information is given to NICS, the system will check…
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