Privately Selling a Firearm
Prohibited from Buying
Under Florida statutes,[2][3][4][5] it is considered illegal to own a firearm for any individual who has been:
- Convicted of a felony in the courts of this state;
- Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
- Convicted of or found to have committed a crime against the United States which is designated as a felony;
- Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding one year and such person is under 24 years of age; or
- Found guilty of an offense that is a felony in another state, territory, or country, which was punishable by imprisonment for a term exceeding one year.
- A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence,[6] or from committing acts of stalking or cyberstalking,[7]
- Any person who meets the violent career criminal criteria[8] regardless of whether such person is or has previously been sentenced as a violent career criminal, who owns or has in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device, commits a felony of the first degree.[9] A person convicted of violating this section shall be sentenced to a mandatory minimum of 15 years imprisonment; however, if the person would be sentenced to a longer term of imprisonment,[10] the person must be sentenced under that provision. A person convicted of violating this section is not eligible for any form of discretionary early release other than pardon, executive clemency, or conditional medical release.[11]
- A person who has been adjudicated mentally defective or who has been committed to a mental institution,[12] may not own a firearm or possess a firearm until relief from the firearm possession and firearm ownership disability is obtained.
Registering a Firearm
Concealed Carry
As of July 2023, concealed carry is allowed in Florida without a license.[14] The individual must carry identification and display it upon demand by a law enforcement officer.
How to Apply
A person must be at least 21 years old, a U.S. citizen, free of physical infirmities that would prevent the safe handling of a firearm, and free of an addiction or chronic use of controlled substances to apply for a concealed carry permit.[15]
- Complete the Florida Concealed Weapon or Firearm License application.
- Attach a color photograph taken within the past 30 days.
- Attach proof of competency with a firearm as required by law.[16]
- Attach a complete set of fingerprints.[17]
- Submit a background check as required by law.[18]
- Submit the application to the Department of Agriculture and Consumer Services.
- Pay the appropriate licensing fee.[19]
- The DACS will issue or deny the application within 90 days of submission.
Reciprocity
A nonresident of Florida can carry a concealed weapon if they are at least 21 years old, have a concealed carry permit from their state of U.S. residence, and satisfy the legal criteria.[20]
Residents from the following states either don’t have access to concealed carry permits or their permits are not recognized by the state of Florida: California, Connecticut, Florida, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
Sources
- Fla. Stat. §790.065
- Fla. Stat. § 790.23
- Fla. Stat. § 790.233(1)
- Fla. Stat. § 790.235
- Fla. Stat. § 790.064(1)
- Fla. Stat. § 741.30
- Fla. Stat. § 784.0485
- Fla. Stat. § 775.084(1)(d)
- Fla. Stat. §§ 775.082, 775.083, 775.084
- Fla. Stat. § 775.084(4)(d)
- Fla. Stat. § 947.149
- Fla. Stat. § 790.065(2)
- Fla. Stat. § 790.335(2)
- The Florida Senate: HB 543
- Fla. Stat. § 790.06(2)
- Fla. Stat. §790.06(2)(h)
- Fla. Stat. §790.06(5)(c)
- Fla. Const. art. 8 §5(b)
- Concealed Weapon or Firearm Fee Schedule
- Fla. Stat. § 790.015