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Florida Gun Laws

Florida Gun Laws

Florida has no law generally requiring a background check for a Private Firearm Sale In Florida or on the purchaser of a firearm when the seller is not a licensed dealer. However, the Florida Constitution permits counties to adopt laws that would require such background checks for sales occurring in or on “property to which the public has the right of access” within the county. The Florida Constitution states that, “[e]ach county shall have the authority to require a criminal history records check…in connection with the sale of any firearm occurring within such county.”1 The term “sale” under this section “means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access.”2 Concealed weapons permit holders are not subject to these laws.3

Although Florida residents who sell to another Florida resident privately are not required to do a background check or even need a CWP, it is ALWAYS recommended that you create a bill of sale, take copies of the buyers drivers licence and CWP, and keep the records as long as possible. It is a good idea not to sell a firearm to someone who does not have a CWP. There is no way of knowing if you are selling to a Felon or someone who cannot legally own a firearm. If you run into this situation, recommend to meet at your local gun shop and have them do the transfer for you to ensure your buyer can own a gun.

Florida Gun Laws Updated as of Wednesday, June 19, 2013. STATE CONSTITUTIONAL PROVISION “(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law. (b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, “purchase” means the transfer of money or other valuable consideration to the retailer, and “handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph. (c) . . . anyone violating the provisions of subsection (b) shall be guilty of a felony. (d) This restriction shall not apply to a trade in of another handgun.” Article 1, Section 8. The legislature of the State of Florida, in a declaration of policy incorporated in its “Weapons and Firearms” statute, recognizes that adult citizens of the state retain their constitutional right to keep and bear firearms for hunting and sporting activities and for defense of self, family, home, and business and as collectibles.

Important/Relevant Gun Laws

RIFLES AND SHOTGUNS HANDGUNS
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No Yes
The list and map below are included as a tool to assist you in validating your information.  We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change.  The information is not intended as legal advice or a restatement of law and does not include:  restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition.  For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.  YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

Reciprocity

  • These states recognize Florida permits:
  • Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wyoming
  • Florida recognizes permits from:
  • Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wyoming

Map of states recognizing Florida permits:
nra map-1

Florida Department of Agriculture and Consumer Services: http://licgweb.doacs.state.fl.us/news/concealed_carry.html

Florida does not recognize non-resident concealed carry permits from other states. 

Check other states reciprocity agreements to determine if a non-resident Florida permit allows a non-resident to lawfully carry under reciprocity in another state. Pennsylavania does not accept non-resident permits from Florida.

 A Synopsis of Florida state laws on purchase, possession and carrying of firearms.

PURCHASE AND POSSESSION
No state permit is required to possess or purchase a rifle, shotgun or handgun. It is unlawful for any convicted felon to have in his or her care, custody, control, or possession any firearm or to carry a concealed weapon unless his civil rights have been restored. READ ALL
CARRYING
Unless covered under the exceptions listed below, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license. A first time carry license will cost $70. A renewal license will cost $60. READ ALL
ANTIQUES AND REPLICAS
Unless used in the commission of a crime, the term firearm shall not include an antique firearm. An antique firearm is any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replicas thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
MACHINE GUNS
The possession of a machine gun, defined as any firearm which shoots, or is designed to shoot, automatically, more than one shot without manually reloading, by a single function of the trigger, is prohibited unless lawfully owned and possessed under provisions of federal law.
Range Protection
A person who operates or uses a sport shooting range is not subject to an action for nuisance, and a court of this state shall not enjoin the use or operation of a sport shooting range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range. READ ALL
MISCELLANEOUS
Under Florida law, there is no “duty to retreat” if you are attacked in any place you have a lawful right to be. Instead, you may stand your ground and meet force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. READ ALL

Source: FLA. STAT. ANN. §§ 784.05; 790.001; 790.01; 790.15; 790.53; 790.06; 790.065; 790.655; 790.07; 790.10; 790.11; 790.15; 790.16; 790.17; 790.174; 790.175; 790.18; 790.19; 790.22; 790.221; 790.233; 790.235; 790.33; 790.331; and 790.333

Internet Sources: Florida Department of Agriculture and Consumer Services,http://licgweb.doacs.state.fl.us/weapons/index.html

CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

One Response to “Florida Gun Laws”

  1. 17 yr Police/Security/SWAT/ Firearms Instructor. This is accurate and important information.

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