Florida Firearm Transfer Rules
The Firearms and Ammunition Sales Act 2011-109 (codified in Fla. Stat. §§ 790.07-790.072) sets out the legal framework for the transfer of guns in Florida. To transfer a gun, specific forms must be filled out by both the transferor and transferee. Both parties must execute a form called a "Firearm Bill of Sale" (available online from both the Florida Department of Agriculture and Consumer Services and the National Rifle Association) and a "Request for Approval to Transfer Firearm" (available online from the Florida Department of Law Enforcement). Both forms must be signed by both the transferor and transferee. The transferor must then submit copies of these forms to the Florida Department of Law Enforcement and a report to his or her local law enforcement agency.
Alongside the state requirements regarding transfers , federal law also comes into play. The federal Bureau of Alcohol, Firearms, Tobacco, and Explosives (BATF) regulates how firearms are transferred between individuals from different states, and requires individuals buying guns in a face-to-face meeting with the seller from a separate state to present certain forms of identification and undergo a background check to be sure that they can buy the gun with no concerns under federal law.
Transferring Guns in a Private Sale
Florida gun owners have the option to sell or purchase guns through private sales or transfers. This means that a seller and buyer make a fully authorized, mutually agreed-upon transaction whereby possession of a gun shifts from one person to the other. Florida law does not require a special permit in order to sell or buy a gun this way—anyone over the age of 18 is legally permitted to make such a purchase or sale.
Legally, private sales of guns may only take place between residents of the state of Florida (or between a Florida resident and an out-of-state resident visiting temporarily). A gun cannot be legally be transferred by a resident of Florida to a non-resident who also resides in another state. Why? Because that may be seen as an illegal transfer that avoids the regulatory controls of another state. Any gun that is sold illegally in Florida and then used in the commission of a crime could have serious consequences that would be placed above the head of the seller, regardless of whether they had any knowledge that their actions were illegal.
There’s also no special certification, test or approval process required to complete the sale. However, both the buyer and seller should be aware of what’s involved in buying or selling guns in the state of Florida. In a private sale/transfer, a background check is not necessary; the exception is if the seller wants to conduct a background check on the buyer. A bill of sale does not need to be signed between the two parties, although it’s highly recommended.
The fact that these transfers do not require a background check does not mean that they should be taken lightly or that there is no chance the police could show up to interview the two parties involved. Misuse of private sales can expose both parties to significant legal liability.
Conveying Firearms Through a Licensed Dealer
If you are selling or giving away your firearm, and it is not a transer to a family member, you must transer your firearm through a Federal Firearms Licensed (FFL) dealer. Why? Because federal law prohibits an unlicensed person from selling or giving away a firearm to another unlicensed person. It must first be transferred to a licensed dealer. In addition to any federal requirements, a transfer in some states also requires that it be done through an FFL. Florida is not one of those states.
What exactly is an FFL? It is a Federal Firearms License. FFLs are licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). An FFL enables a business to sell guns and ammunition, or manufacture firearms and ammunition. FFL dealers can also act as a transfer agent for the sale of firearms between private parties – this function is often used to transfer firearms across state lines. We will discuss the possibility of interstate transferral later.
The actual transferral process is fairly simple, and for most people only involves a few steps.
- Select an FFL dealer. You can find a list of FFL gun dealers near you in the phone book, on social media, or by searching online.
- The buyer and seller both complete form 4473. This is a federal form that serves as a background check for the buyer. FFL dealers will supply the buyer and seller with the form and instructions on how to fill it out. This form must be filled out, and then signed and dated by the buyer in the presence of the licensed dealer upon delivery of the firearm in question.
- Background check. The FFL dealer will conduct a background check on the buyer using the information provided in the completed form 4473. Even if you are transferring a firearm to a family member, law enforcement will still conduct a background check on the buyer.
If the transaction is completed successfully, the FFL dealer will store your firearm until the background check is cleared, upon which time the firearm will be released to the buyer. Sometimes the process is delayed when an individual has a name that is similar to someone who should not be able to purchase or possess a firearm. During a delay, the individual still has enough time to appeal the decision through the ATF.
The cost of this process will vary depending on where you live and what your local gun laws require. Typically it costs about $25-$50 for a transfer, but this will include some form of markup from the FFL dealer.
How to Legally Inherit a Firearm
When a loved one passes, and you are inheriting their possessions, chances are that gun transferring will be an issue. Avoiding unlawful possession of a firearm might be as easy as filing the necessary paperwork with the proper authorities – e.g., law enforcement may have forms to help update registry files when someone dies. Or it might involve having a gun ownership transfer application forwarded to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Criminal Justice Information Services Division. The second option above is much more complicated, and must legally be handled through the Centralized NICS Operations Section. If you are inheriting a firearm from a non-relative, legal counsel is best. Even with a valid will, Florida does not provide a clear channel for non-relatives to inherit guns, according to experts at the nonprofit organization, Florida Carry. They go on to note that unlawful possession of a firearm that is transferred without a gun deed is a third-degree felony in the Sunshine State. This is a third-degree felony. It is typically best to avoid placing yourself in jeopardy by handling gun transfers strictly through a qualified attorney.
Cross-State Firearm Transfers
In the age of online commerce, guns are no exception. Gun enthusiasts often sell their guns over the internet, but a misunderstanding of interstate transfer laws can lead to big time legal consequences.
Transferring a gun across state lines is subject to a myriad of federal and state laws, and failure to follow these laws can create liability both for the person or persons illegally transferring the weapon and the website where the transaction occurred. Federal law establishes the framework for how guns can be transferred across state lines, and each state has separate and distinct laws regarding whether or not the person receiving the gun can have it. It is important to know the law in both states or you might end up with a serious criminal charge.
The Bureau of Alcohol, Tobacco , Firearms and Explosives (ATF) has published a guide for individuals that outlines how to legally transfer a gun between states. You can find it here.
In short, an interstate transfer can only occur through an FFL (Federal Firearms Licensee). So long as the person possessing the gun transfers it to an FFL and the person receiving the gun goes through the background check process through that FFL, the transfer will be lawful, assuming there is nothing prohibited about the gun, i.e., it is not a machine gun, etc.
Additionally, all interstate gun transfers should not cross international borders. ATF has made clear that crossing international borders can result in a violation of federal law if the firearm is not properly registered with a federal authority in the appropriate country.
Mistakes to Avoid
Many pitfalls can arise during a gun transfer, particularly with private sales. It’s essential to avoid any mistakes that could impact your rights. Here are some of the most common mistakes we see:
1. Unregistered guns.
Failing to register your gun can lead to criminal charges. Though it’s difficult to track these instances since people often don’t report them, they do happen. If you’ve purchased a gun privately, you will likely have not registered it.
To avoid this issue, check on local requirements in addition to federal requirements. Ensure that you’re following the law in your county.
2. Purchasing a gun from an illegal dealer.
If you purchase firearms on a somewhat regular basis (even just a few times a year), you may be purchasing from an illegal dealer. This is because a person who purchases guns for the intent of reselling them is viewed as a dealer. Even if they sell only a few guns, that intent is present. It’s illegal to purchase more than one gun with the intent to resell. So, to avoid being viewed as a dealer, only purchase guns for yourself.
3. Not keeping records.
You may have the best of intentions, and may even have your own records, but if you ever need to prove that you obtained your gun in a legal manner, you’ll need a strong paper trail. Be sure to keep any information you receive upon purchase. This includes copies of the receipt.
Updating Recordkeeping and Other Obligations
Following the legal transfer of title to a firearm, the seller and buyer should immediately update their records to reflect the transaction and take steps to confirm compliance with all applicable state and federal laws. The seller may also consider providing Federal Officials such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) with information regarding the transfer and/or sale of the firearm. The BATF has designated "Nonlicensee’s Guide to FIREARMS TRANSFERS" to be an official document that can be used for this purpose. (See 27 CFR 479.105) The seller, if he has any records of the intended transfer, may also provide these to the BATF, however BATF officials have stated that BATF Form 4473 is not required for noncommercial personal firearm transactions. No Federal law requires any record of personal, noncommercial transfers or sales between private parties. However, several states, including Florida , have laws that are not subject to Federal preemption and require record-keeping and documentation for noncommercial sales or transfers.
In addition, if the firearm was transferred through a gun shop or dealer, the recipient should verify with the dealer that all federal and state requirements regarding such transfer were properly observed by the dealer. Federal law provides that the transfer of firearms between federal firearms licensees (i.e. gun shops) should take place at a time and place within the licensee’s business which is accessible to the public. (See 18 USC Sec. 5812(a)) Other states may have laws requiring the transfer of title to, or possession of, firearms outside the established "course of business" of, or at a time or place other than that permitted by the dealer. Therefore, the recipient should check with state laws to determine if some action or documentation is required for the recipient to possess firearms in his private home. Finally, the recipient should take steps to confirm the firearm’s compliance with the Concealed Carry Law.