Q: I am 19 years old and I am in the Florida national guard. Can I buy a handgun

I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I allowed to purchase a handgun from an FFL or private sale with my CCW and being a Service Member while I’m 19?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:

1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies regardless of state laws or military status.

2. Florida state law: As you've noted, Florida has some provisions that allow for certain exceptions for military members and those with concealed carry permits. However, these mainly apply to possession and carrying, not necessarily purchasing.

3. Military exemption: While Florida law does provide some exemptions for active duty and reserve component military members, including National Guard, these typically apply to carrying and possession, not explicitly to purchase.

4. Private sales: Florida law is less restrictive on private sales compared to FFL sales. However, the seller would need to ensure they're not violating any laws by selling to someone under 21.

Given the complexity of this situation, the safest course of action would be to:

1. Consult with your chain of command or the JAG office for official military guidance.

2. Speak with a local attorney who specializes in firearms law to get a definitive answer based on your specific situation.

3. Contact the Florida Department of Agriculture and Consumer Services (FDACS) for clarification on how your military status and CCW permit interact with handgun purchase laws.

It's important to note that while you may be allowed to carry a concealed weapon at 18 as a service member, this doesn't necessarily mean you can purchase a handgun. The laws regarding purchase, possession, and carrying can be different.

Remember, firearms laws can be complex and subject to change. Always err on the side of caution and seek professional legal advice before making any decisions that could have legal implications.

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