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My stepson was given a gift of an AR-15 by his grandfather…

My stepson was given a...

My stepson was given a gift of an AR-15 by his grandfather when he was 18 years old. He is now 19 and has the rifle in his possession, but the rifle is registered in his grandfather's name. With Florida gun laws changing and raising the age of purchasing a rifle to 21, does this pose an issue for my stepson? Will he still be able to take the rifle to the gun range with us? Does he need to get the rifle transferred to his name?

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Answered in 1 hour by:
3/13/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,609
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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No, it won't affect stepson as any laws that are passed or eventually will be passed are effective from the point of passing forward. So they wouldn't be retroactive to prohibit someone who was legally possessing a firearm before the law to make them now in violation of it. That would be called an "ex post facto" law and is not allowed under the Constitution.

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The new laws just apply moving forward and would prohibit anyone from now purchasing a firearm if they are under 21. But anyone who already has a firearm legally is still legal.

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thanks

Barrister

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Customer reply replied 4 months ago
Thank you! So there will be no issues with him buying ammunition for the rifle himself after the new gun laws pass, or taking his rifle to the gun range with us? Is there any issue he should be aware of, with the gun registered in his grandfather's name?

So there will be no issues with him buying ammunition for the rifle himself after the new gun laws pass, or taking his rifle to the gun range with us?

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Nope, as I mentioned, the laws apply moving forward, not backward. And as far as I know, it doesn't prohibit purchasing ammunition. And the NRA has filed suit to block it anyway and I would opine that they have legal grounds to do so under the 2nd Amendment.

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Is there any issue he should be aware of, with the gun registered in his grandfather's name?

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Nope, no law requiring a firearm to be "re-registered" if it was received as a gift.

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,609
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Customer reply replied 4 months ago
Thank you so much! I couldn't find the answer to these questions anywhere. He will be happy to know he can still go to the gun range with us. Thanks again!

You are very welcome. Happy to help any time. As a proud gun owner myself, I try to stay on top of these assaults on the 2nd Amendment..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

..

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Thanks much

Barrister

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