How to Sell a Gun in Florida
Following the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, firearm regulations were tightened and news laws were introduced. With recent changes made by state lawmakers to existing firearms regulations and the introduction of new laws, 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.
- 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.
What is the Process for Purchasing a Firearm in Florida From a Licensed Firearm Dealer?
Anyone buying a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473. The 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.
Buyers will be required to provide a valid government issued photo identification. The dealer will submit your personally identifying information to the Firearm Purchase Program at Florida Department of Law Enforcement.
An analyst will perform the required queries and compare responses to your demographics (name, race, sex, date of birth, etc.) and determine your eligibility to purchase a firearm according to state and federal law. The analyst will provide a transaction number (control number) and a decision (approve or non-approve).
The Firearm Purchase Program and the FBI NICS Section both fulfill the requirements of the Brady Handgun Violence Prevention Act of 1993 by performing background checks on potential transferees before the transfer of a firearm from a Federal Firearm Licensee and a non-licensed individual. FPP serves as the point of contact for background checks performed by FFLs in Florida. FPP checks state databases in addition to the systems checked by the FBI and therefore, the results of the background check may be different.
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.
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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 05/26/20 from https://www.atf.gov/file/117191/download https://www.fdle.state.fl.us/FPP/FAQs1.aspx