How to Sell a Gun in Miami-Dade County Florida?
How to Sell a Gun in Miami-Dade County Florida?
In Miami-Dade County, Florida, there are several laws and regulations that govern the purchase and sale of firearms. Understanding these laws is important for anyone who is interested in buying or selling a gun in the county, as failure to follow these laws can result in criminal charges and penalties.
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.
Buying and Selling a Firearm 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.
Buyers purchasing from a Federal Firearms Licensed dealer must be cleared through a background check, which is conducted by the Florida Department of Law Enforcement (FDLE). This background check is used to ensure that the purchaser is not prohibited from owning a firearm due to prior criminal convictions, mental illness, or other disqualifying factors.
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.
- 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 five 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.
Private Sales of a Firearm in Miami-Dade County Florida
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.
Below is the legal text that is applicable to the sale of firearms in Miami-Dade County between two non-licensed private party transactions.
Miami Dade County Code of Ordinances
Section 21-20.18. Five-day waiting period and criminal history records check on firearms sales.
(a) Definitions. For purposes of this section, the following terms shall be defined as follows:
(1) Any part of the transaction means any part of the sales transaction, including but not limited to, the offer of sale, negotiations, the agreement to sell, the transfer of consideration, or the transfer of the firearm.
(2) Antique firearms means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and any replica of any such firearm if such replica (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
(3) Firearm means any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; and firearm muffler or firearm silencer; any destructive device; or any machine gun. Such term does not include an antique firearm.
(4) Property to which the public has the right of access means any real or personal property to which the public has a right of access, including property owned by either public or private individuals, firms and entities and expressly includes, but is not limited to, flea markets, gun shows and firearms exhibitions.
(5) Sale means the transfer of money or other valuable consideration.
(b) Application and enforcement of section. Law enforcement officers shall have the right to enforce the provisions of this section against any person found violating these provisions within their jurisdiction.
(c) Sale and delivery of firearms; mandatory five-day waiting period. There shall be a mandatory 5-day waiting period, which shall be 5 full days, excluding weekends and legal holidays, between the hour of the sale and the hour of the delivery of any firearm when any part of the transaction is conducted within Miami-Dade County on property to which the public has the right of access.
(d) Sale and delivery of firearms; mandatory criminal records check. No person, whether licensed or unlicensed, shall sell, offer for sale, transfer or deliver any firearm to another person when any part of the transaction is conducted on property to which the public has the right of access within Miami-Dade County until all procedures specified under section 790.065, Florida Statutes, have been complied with by a person authorized by that section to conduct a criminal history check of background information as specified in that section, and the approval number set forth by that section has been obtained and documented. Upon the repeal of section 790.065, Florida Statutes, no person, whether licensed or unlicensed, shall sell, offer for sale, transfer or deliver any firearm to another person when any part of the transaction is conducted on property to which the public has the right of access until all procedures specified under any other state or federal law which requires a national criminal history information or national criminal history check on potential buyer or transferee of firearms have been complied with by any person authorized by law to conduct the required national criminal history or background records check and any required approval under such state or federal law or rule has been obtained. “Person” for purposes of this subsection shall include any person, including, but not limited to a licensed importer, licensed manufacturer or licensed dealer and any unlicensed person. In the case of a seller who is not a licensed importer, licensed manufacturer or licensed dealer, compliance with section 790.065 or its state or federal successor shall be achieved by the seller requesting that a licensed importer, licensed manufacturer or licensed dealer complete all the requirements of section 790.065 or its state or federal successor. Licensed importers, manufacturers and dealers may charge a reasonable fee of an unlicensed seller to cover costs associated with completing the requirements of section 790.065.
(e) Exemptions. Holders of a concealed weapons permit as prescribed by state law and holders of an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer, a correctional officer, or a correctional probation officer as set forth in state law shall not be subject to the provisions of this section. Sales to a licensed importer, licensed manufacturer or licensed dealer shall not be subject to the provisions of this section.
(f) Penalties. Any person violating any provision of this section shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 60 days in the County Jail, or by both such fine and imprisonment. Nothing contained herein shall be construed to preempt the imposition of any higher penalties imposed by state or federal law.
(g) Reporting of information. To the fullest extent permissible by law, all information acquired in relation to a violation of this section shall be reported to appropriate federal and state officials.
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 03/03/23 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