Got the following email question, and thought you might like to read it, and my response:
Question: In light of the changes to FSS 790.065, made by the Legislature after the Parkland murders, specifically the addition of sub-paragraph (13) (quoted below), what is your opinion of a non-FFL selling firearm to a person under 21? Is there potential criminal liability?
“(13) A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084. The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, as those terms are defined in s. . . . “
ANSWER:
My opinion is in my book, and I do not believe it is illegal for the private seller if the individual purchaser is 18 or over, and not otherwise prohibited. However, it is a FELONY for the purchaser. I also assume some anti-gun prosecutor will test the law at some point by saying anyone who knowing so sells is an aider and abetter. I don’t think this would be a valid argument, but it is an interesting one.
However, the real unanswered issue is the civil liability question if the 18 year old purchaser then does something illegal, or careless with the gun. You KNEW that he could not legally purchase it. Are you being negligent by selling it to him knowing that??? My guess is a strong “maybe”, and definitely not worth the chance.
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