**Read Before Buying or Selling a Firearm**

**Billy** · 02-14-2006, 05:32 PM

Florida law does not require that firearms be registered with the state, nor do they require a waiting period or background check for private sales. Individuals 18 years of age or older may also purchase handguns, as well as long guns, from a private party (must be 21+ to purchase handguns from an FFL/gun shop) However the same rules of ownership/purchase pertain to privately sold firearms as to firearms sold by a licensed dealer. Also, a bill of sale is not required but can be something to fall back on should the gun you sell ever be stolen and/or used in a crime.

If you have any concerns about the sale/purchase of a firearm you can opt to do the transaction through a FFL (Federal Firearms Liscense) gun shop.

Below are the Florida State Statutes related to the private sale of firearms:

Reasons a person may be prohibited from owning/purchasing a firearm

790.065 (2)(a)
1. Has been convicted of a felony and is prohibited from receipt or possession of a firearm pursuant to s. 790.23;

2. Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited from purchasing a firearm; or

3. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred.

(b) Inform the licensee making the inquiry either that records demonstrate that the buyer or transferee is so prohibited and provide the licensee a nonapproval number, or provide the licensee with a unique approval number.

(c)1. Review any records available to it to determine whether the potential buyer or transferee has been indicted or has had an information filed against her or him for an offense that is a felony under either state or federal law, or, as mandated by federal law, has had an injunction for protection against domestic violence entered against the potential buyer or transferee under s. 741.30, has had an injunction for protection against repeat violence entered against the potential buyer or transferee under s. 784.046, or has been arrested for a dangerous crime as specified in s. 907.041(4)(a) or for any of the following enumerated offenses:

a. Criminal anarchy under ss. 876.01 and 876.02.
b. Extortion under s. 836.05.
c. Explosives violations under s. 552.22(1) and (2).
d. Controlled substances violations under chapter 893.
e. Resisting an officer with violence under s. 843.01.
f. Weapons and firearms violations under this chapter.
g. Treason under s. 876.32.
h. Assisting self-murder under s. 782.08.
i. Sabotage under s. 876.38.
j. Stalking or aggravated stalking under s. 784.048.

Sale to a prohibited individual

790.065 12(d)
Any person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

Sale to a minor

790.17 (2)(a)
A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Shipping

It is possible to ship a firearm to someone within the state of Florida. However, if using the US Postal Service you can only ship long guns and they must be declared as such.

Both handguns and long guns can be shipped by other carriers (UPS, FedEx, ect.) as long as they are declared as such and as long as that carrier allows for it. If not declared, it's a felony.

If sending out of state the transaction must take place through an FFL, meaning that the firearm must be shipped to an FFL where it is to be picked up by the recipient.

18 USC 1715 and 18 USC 1716

The gun law summaries provided by TampaForums.com should not be regarded as explanation of state law. While we try to keep this information accurate and updated, this material is provided for general discussion and reference purposes only.

02-14-2006, 05:32 PM	#1 (permalink)
Billy TF Admin	Read Before Buying or Selling a Firearm Florida law does not require that firearms be registered with the state, nor do they require a waiting period or background check for private sales. Individuals 18 years of age or older may also purchase handguns, as well as long guns, from a private party (must be 21+ to purchase handguns from an FFL/gun shop) However the same rules of ownership/purchase pertain to privately sold firearms as to firearms sold by a licensed dealer. Also, a bill of sale is not required but can be something to fall back on should the gun you sell ever be stolen and/or used in a crime. If you have any concerns about the sale/purchase of a firearm you can opt to do the transaction through a FFL (Federal Firearms Liscense) gun shop. Below are the Florida State Statutes related to the private sale of firearms: *Reasons a person may* be prohibited from owning/purchasing a firearm 790.065 (2)(a) 1. Has been convicted of a felony and is prohibited from receipt or possession of a firearm pursuant to s. 790.23; 2. Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited from purchasing a firearm; or 3. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred. (b) Inform the licensee making the inquiry either that records demonstrate that the buyer or transferee is so prohibited and provide the licensee a nonapproval number, or provide the licensee with a unique approval number. (c)1. Review any records available to it to determine whether the potential buyer or transferee has been indicted or has had an information filed against her or him for an offense that is a felony under either state or federal law, or, as mandated by federal law, has had an injunction for protection against domestic violence entered against the potential buyer or transferee under s. 741.30, has had an injunction for protection against repeat violence entered against the potential buyer or transferee under s. 784.046, or has been arrested for a dangerous crime as specified in s. 907.041(4)(a) or for any of the following enumerated offenses: a. Criminal anarchy under ss. 876.01 and 876.02. b. Extortion under s. 836.05. c. Explosives violations under s. 552.22(1) and (2). d. Controlled substances violations under chapter 893. e. Resisting an officer with violence under s. 843.01. f. Weapons and firearms violations under this chapter. g. Treason under s. 876.32. h. Assisting self-murder under s. 782.08. i. Sabotage under s. 876.38. j. Stalking or aggravated stalking under s. 784.048. Sale to a prohibited individual 790.065 12(d) Any person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Sale to a minor 790.17 (2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Shipping** It is possible to ship a firearm to someone within the state of Florida. However, if using the US Postal Service you can only ship long guns and they must be declared as such. Both handguns and long guns can be shipped by other carriers (UPS, FedEx, ect.) as long as they are declared as such and as long as that carrier allows for it. If not declared, it's a felony. If sending out of state the transaction must take place through an FFL, meaning that the firearm must be shipped to an FFL where it is to be picked up by the recipient. 18 USC 1715 and 18 USC 1716 The gun law summaries provided by TampaForums.com should not be regarded as explanation of state law. While we try to keep this information accurate and updated, this material is provided for general discussion and reference purposes only.