2025 Legal Guide to Selling a Gun in Florida (FL) for 2026

2026 State laws and requirements for selling a gun in Florida

Any individual purchasing a firearm from a licensed dealer (FFL) is required by federal law, specifically the Brady Act, to complete the ATF Form 4473 (Firearms Transaction Record), which the dealer must retain. The dealer is then obligated to initiate a National Instant Criminal Background Check System (NICS) check on the prospective buyer.

This check determines the purchaser’s eligibility to own a firearm based on federal and state prohibitions, such as felony convictions or domestic violence history. If the NICS check results in a denial that the purchaser believes is unwarranted or due to an error, a formal appeal process is available to challenge the decision and potentially receive clearance for the firearm purchase.

Those Purchasing a firearm must be:

• Minimum Age: The purchaser must be 21 years of age for all firearms (handguns, rifles, and shotguns). An exception allows persons at least 18 years old to purchase rifles and shotguns if they are a currently serving law enforcement officer, correctional officer (as defined in F.S. 943.10), or an active service member (as defined in F.S. 250.01).
• Residency: The buyer must be a Florida resident to purchase a handgun. However, long guns (rifles and shotguns) may be purchased by residents of other states, provided the sale adheres to all applicable laws in the purchaser’s state of residence.
• Non-U.S. Citizens:
  • Legal Permanent Resident Aliens who are Florida residents may purchase a firearm and must provide a valid alien registration number.
  • Non-Resident Aliens visiting Florida must present a border crossing number (I-94) and documentation confirming a valid exception to the federal nonimmigrant visa prohibition.
• Permitting/Background Checks: Florida does not require a permit to purchase a firearm, nor is there a permit that exempts any person from the mandatory background check requirement for dealer sales.
• Waiting Period: A mandatory waiting period of three days is imposed between the purchase and delivery of all firearms, excluding weekends and state holidays, or the time it takes to complete the background check, whichever is longer. Counties and cities possess the authority to enact local ordinances that may extend this waiting period to as much as five days; purchasers should consult local ordinances for specifics. The waiting period is waived for individuals who hold a concealed weapons or firearms license or are trading in another firearm.
• Transaction Limits: There is no limit to the number of firearms that may be transferred in a single transaction. The transaction is considered complete once the dealer has completed and signed the ATF Form 4473. Any subsequent transfer, even shortly thereafter, requires a new, separate background check.