How to Sell a Gun in Florida: A Comprehensive Guide of Florida Gun Laws
How to Sell a Gun in Florida: A Comprehensive Guide of Florida Gun Laws
Following the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, firearm regulations were tightened and new laws were introduced. Changes were made by state lawmakers to existing firearms regulations and the introduction of new laws made the buying and selling process more complicated. Gun owners and those looking to become gun owners should be informed of the changes made at the state level.
The following is compiled from the Florida Department of Law Enforcement and a memorandum from the Florida Office of the Attorney General on State Laws and Published Ordinances to the Bureau of Alcohol, Tobacco and Firearms.
What Selling Options do Gun Owners Have in Florida?
There are a few ways gun owners can sell a firearm in a legal transaction:
- Gun owners can sell their firearm to a local dealer. This is a good way to help ensure gun owners are complying with gun laws in Florida for firearm sales. However, sellers may be leaving money on the table by selling for much less than the gun’s actual market value.
- Gun owners can sell a firearm through a private transaction. In the state of Florida, there are no specific laws requiring a background check to buy or sell a firearm in a private transaction between two individuals. However, there are penalties for buyers and sellers if the firearm was sold to an ineligible person, selling a defaced firearm or selling a restricted firearm (explosive weapon, machine gun), which can result in different criminal charges including and up to a felony criminal charge. Here is the Bureau of Alcohol, Tobacco, Firearms and Explosives guidance on the transfer of a firearm by private sellers.
The state provides an online database of stolen firearms that can come in handy for a private transaction. The Florida Department of Law Enforcement Stolen Gun Search website allows buyers and sellers in the Sunshine State to check if a firearm has been reported stolen. To visit the website click here.
- Another option if simply wanting to legally dispose of a firearm is surrendering it to local law enforcement. However, by doing this, gun owners potentially lose on hundreds or even thousands of dollars those guns could be worth in a sale.
What is the Process of Buying a Firearm from a Dealer in Florida?
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the licensed firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
Those Purchasing a firearm must be:
- Must be 21 years of age. Rifles and shotguns may be purchased by a person who is at least 18 when that person is a law enforcement officer or correctional officer as defined in F.S. 943.10 or service member as defined in F.S. 250.01.
- Must be a Florida resident to purchase a handgun. Long guns may be purchased by persons who are residents of other states so long as the sale complies with applicable laws in the purchaser’s state of residence.
- 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 a valid exception document.
- Florida does not require a permit to purchase a firearm nor is there a permit that exempts any person from the background check requirement.
- There is a waiting period of three days, excluding weekends and state holidays, between purchase and delivery of all firearms. Individual counties and cities have the authority to enact local ordinances extending the waiting period to as much as five days. Please consult local ordinances for more detailed information.
- 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. An additional transfer (whether minutes later, the next day, or the next month) requires an additional background check.
Florida State Firearm Ownership Restrictions
Florida state law prohibits firearm ownership for persons who:
- Are adjudicated delinquent of a crime that would have been a felony if committed by an adult until the age of 24 or until record is expunged.
- Receive “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.
- Were recently arrested for a potentially disqualifying crime which has not been dismissed or disposed of in court.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
Save the Hassle, Sell your Gun to Dunlap Gun Buyers
If the hassle of navigating Florida’s gun laws seems overwhelming, we’re excited to tell you that there’s a better way!
You can safely, easily and legally sell your handgun or long gun to Dunlap Gun Buyers and be 100% compliant with Florida gun laws.
We have a Federal Firearms Licensee, who is licensed by the U.S. Government to help people with selling and transferring of firearms. We take care of the hard part and make the process safe, quick and hassle-free. The reality is you can sell your gun without leaving the house.
Just tell us which gun(s) you’d like to sell, we’ll make you an offer, and once we agree on a price, you’ll mail us your gun(s) with all expenses paid by us. When we receive your gun(s), we get you paid with a check in your hand within a few days.
When you use Dunlap Gun Buyers, you get the following unbeatable benefits!
Easy shipment tracking throughout the whole process. Speedy payment!
Begin our safe and discrete process here.
The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 08/10/23 from https://www.atf.gov/file/117191/download, https://www.fdle.state.fl.us/FPP/FAQs1.aspx and https://www.fdle.state.fl.us/FPP/FAQs2.aspx, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html pas.fdle.state.fl.us/pas/restricted/PAS/StolenGun.jsf