How to Legally Transfer a Gun in Florida?
Florida has one of the most relaxed firearms laws in the United States, making it an ideal destination for gun enthusiasts and collectors. However, gun owners must adhere to legal guidelines when transferring firearms within or outside the state.
Who Can Legally Transfer a Gun in Florida?
Before discussing the procedure, it is essential to determine who can legally transfer a gun in Florida.
• Law Enforcement Personnel: Law enforcement officers in Florida are exempt from background check requirements when purchasing firearms.
• Federal Firearm Licensing Reference: Certain individuals associated with the sale and disposal of firearms, such as dealers and importers.
• Criminally-Convicted Individuals: In some cases, judges may grant permits for offenders who have served their prison sentence and demonstrate good cause.
Procedure for Lawful Transfer of a Firearm in Florida
Following the guidelines above, follow the step-by-step guide for legally transferring a firearm in Florida:
Contents
Fingerprinting
Prior to initiating the transfer, both parties must appear in person at an FBI-authorized fingerprinting agent or a law enforcement agency that offers fingerprinting services at least 72 hours before the proposed transaction date.
Who Cannot Transfer a Gun in Florida?
To prevent illegally sourced firearms from entering circulation, Florida restricts these types of individuals from firearm transfer:
• Persons under 18 years of age, unless part of a legal emancipation or under a permit allowing purchase or transfer for competitive target shooting purposes.
• Mentally incapacitated individuals as defined under the Florida Statutes Annotated.
• Dishonorably discharged servicemen who were under the jurisdiction of a General Court-Martial or has a dishonorable release from the US military under Section 11 (Art. 135 of Chapter 47).
• Unlawful Users and Illegal Aliens: convicted of a crime punishable as a felony in Florida within the previous three-year period. Also include non-US citizens with specific legal status restrictions.
FFL Requirements
It is crucial for buyers without a current federal license to establish a trust relationship with an independent firearms dealer (FFL).
- Background Checks: Under Florida law, background checks must be performed through either:
- The Automated Firearms System (AFS)
- The Integrated Justice Information System (I2S) – utilizing NICS checks.
Timing and Logistics
Scheduling and completion of firearm transfer transactions depend on availability, processing, and additional paperwork requirements:
• Initial Background Check: Perform initial background checks using relevant records and the Florida Information Exchange (FIX).
- FBI Channeling: Process requests involving records from other jurisdictions when possible.
- FFL Delay: Due to processing limitations, permit approvals may be delayed
Documentation Requirements
Throughout the transfer process, maintaining proper documentation is vital:
- Federal firearms form 4473 Part 1 and Part II (e.g. copy of form and an exact replica in an identical size).
- All pertinent information: purchaser(s) name, date and time of transaction, license, and details.
Criminal Liability
While every effort has been taken to provide comprehensive guidance,
- All pertinent information: purchaser(s) name, date and time of transaction, license, and details.
- Willful criminal disregard is strictly proscribed.
• Failure to comply with requirements stated here is illegal by default.
By following this outline specifically, law abiding citizens may participate freely in the Florida firearms sector without compromising personal security interests or contributing to illicit arm trades.
If you don’t have the appropriate state permit, we highly urge you to familiarize your self with state specific transfer procedures and compliance before your firearm transfer
