Gun Rights: How to Buy a Gun in Florida Legally?

Understanding how to buy a gun in florida legally requires navigating a specific set of regulations. Florida Statute 790.06 details the requirements for obtaining a concealed weapon license, which can streamline the firearm purchasing process. The Florida Department of Law Enforcement (FDLE) is responsible for conducting background checks, a crucial step in ensuring responsible gun ownership. National Rifle Association (NRA) resources offer education and training programs relevant to gun safety and legal compliance. Federal law, enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), complements state regulations by setting minimum standards for firearm eligibility.

Image taken from the YouTube channel The Gun Shoppe of Sarasota , from the video titled Buying a Gun in Florida .

How to Buy a Gun in Florida Legally

This article provides a clear and objective guide on the legal process of purchasing a firearm in the state of Florida. It is designed to be informative and instructional, outlining the steps required to comply with Florida law.

Eligibility Requirements: Can You Buy a Gun in Florida?

Before delving into the process, it's crucial to understand who is legally permitted to purchase a firearm in Florida. Federal and state laws outline specific restrictions.

• Age Restrictions: You must be at least 21 years old to purchase a handgun and at least 18 years old to purchase a rifle or shotgun.
• Background Checks: All firearm purchases from licensed dealers require a background check through the National Instant Criminal Background Check System (NICS).

• Prohibited Persons: Florida law prohibits certain individuals from owning or possessing firearms. This includes, but is not limited to:

  • Convicted felons (unless civil rights have been restored).
  • Individuals convicted of domestic violence misdemeanors.
  • Individuals subject to a domestic violence restraining order.
  • Individuals adjudicated as mentally defective or committed to a mental institution.
  • Individuals under indictment for a crime punishable by imprisonment for a term exceeding one year.
  • Fugitives from justice.
  • Individuals who are unlawful users of or addicted to any controlled substance.

It is your responsibility to ensure you meet all eligibility requirements before attempting to purchase a firearm. Consult with legal counsel if you are unsure about your eligibility.

The Purchase Process: Step-by-Step

The following outlines the process for purchasing a firearm from a licensed dealer in Florida.

1. Choosing a Firearm: Decide on the type of firearm you wish to purchase, considering its intended use (e.g., self-defense, hunting, sport shooting). Research different models and manufacturers to find one that suits your needs and budget.

2. Finding a Licensed Dealer (FFL): Locate a licensed firearm dealer in Florida. You can find a list of licensed dealers through online directories or by contacting the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

3. Completing the Paperwork: Visit the licensed dealer and select the firearm you want to purchase. You will be required to complete ATF Form 4473 (Firearms Transaction Record). This form collects information about you and your eligibility to purchase a firearm.

4. Background Check Initiation: The dealer will initiate a background check through NICS. This involves submitting your information to the FBI, who will check your record against various databases to determine if you are prohibited from owning a firearm.

5. Waiting Period (Handguns Only): Florida law imposes a 3-day waiting period (excluding weekends and legal holidays) between the purchase and delivery of handguns. This waiting period does not apply to rifles or shotguns, nor does it apply to individuals who possess a valid Florida Concealed Weapon License.

6. Firearm Pickup: If the background check is approved and the waiting period (if applicable) has elapsed, you can return to the dealer and take possession of your firearm. You will likely be required to provide identification.

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Private Sales: Understanding the Laws

Private sales (transactions between two individuals who are not licensed dealers) have different requirements.

• No Background Check Required (General Rule): Florida law generally does not require a background check for private firearm sales. However, this does not absolve either party from their individual legal responsibilities.

• Responsibility of the Seller: Even in a private sale, the seller is responsible for ensuring that the buyer is not prohibited from owning a firearm. Selling a firearm to someone known to be a prohibited person is a crime.

• Documenting the Sale: While not legally required, it is strongly recommended that both the buyer and seller document the private sale. This can include a written bill of sale containing information about the firearm, the date of sale, and the names and contact information of both parties.

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• Potential Liability: Selling a firearm privately carries potential liability if that firearm is subsequently used in a crime. It is advisable to consult with legal counsel regarding the risks and best practices for private firearm sales.

The Florida Concealed Weapon License: Benefits and Process

While not required to purchase a firearm, a Florida Concealed Weapon License (CWL) offers certain benefits:

• Exemption from Handgun Waiting Period: CWL holders are exempt from the 3-day waiting period for handgun purchases.
• Ability to Carry Concealed: A CWL allows you to legally carry a concealed firearm in Florida.
• Reciprocity with Other States: Florida's CWL is recognized in many other states, allowing you to carry a concealed firearm in those states as well (subject to their laws).

Applying for a Concealed Weapon License

The application process for a CWL involves:

1. Meeting Eligibility Requirements: Ensure you meet all the eligibility requirements for obtaining a CWL, which are similar to the requirements for purchasing a firearm.

2. Completing a Firearms Training Course: You must complete a firearms training course that meets the requirements outlined in Florida law.

3. Submitting an Application: Submit an application to the Florida Department of Agriculture and Consumer Services (FDACS). This can typically be done online or by mail.

4. Fingerprinting: You will need to submit fingerprints as part of the application process.

5. Paying the Fee: Pay the required application fee.

6. Background Check: FDACS will conduct a background check to determine your eligibility for a CWL.

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7. License Issuance: If your application is approved, FDACS will issue you a Florida Concealed Weapon License.

Important Considerations and Resources

• Consult Legal Counsel: This information is for general guidance only and does not constitute legal advice. Consult with an attorney specializing in firearms law for specific legal advice regarding your situation.
• Safe Storage: Practice safe storage of firearms to prevent accidents and unauthorized access.
• Firearm Safety Training: Participate in regular firearm safety training courses to improve your knowledge and skills.
• Relevant Websites:
  • Florida Department of Agriculture and Consumer Services (FDACS): For information on concealed weapon licenses.
  • Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): For federal firearms laws and regulations.
  • Florida Statutes: For Florida state laws regarding firearms.

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