Selling a firearm in Florida requires being aware of the laws in your state. You could face serious penalties if you violate the rules for the purchase and sale of firearms.
You will also want to complete a Florida firearm bill of sale to protect yourself and have a record of the transfer.
- What is a Florida Firearm Bill of Sale?
- What Are The Requirements for Selling a Firearm in Florida?
- Documents Needed to Complete a Firearm Bill of Sale in Florida
- Additional Florida Gun Laws
- Concealed and Open Carry Laws in Florida
- Florida Firearm Reciprocity
- How to Write a Firearm Bill of Sale in Florida
- Florida Firearm Bill of Sale Sample
What is a Florida Firearm Bill of Sale?
A Florida firearm bill of sale is a form a seller and buyer use to document a gun transfer in Florida.
The bill of sale provides evidence of the firearm’s legal owner.
What Are The Requirements for Selling a Firearm in Florida?
Florida has strict requirements for firearm sales.
While this state isn’t one of the most limiting, it is important to consider the laws in place to avoid potential issues.
Private Parties Selling Firearms in Florida
You can conduct a private gun sale in Florida, but you must ensure the buyer is eligible and can legally complete the purchase. The buyer must be at least 21 years old and a state resident.
You must provide the buyer with a written warning about storing the firearm safely, and you cannot sell to minors (Florida Statutes Section 790.175).
While licensed dealers must complete background checks, a private seller does not have to do this.
However, you must verify the person is not prohibited from owning a firearm either by state or federal law.
Does the Law in Florida Require a Firearm Bill of Sale?
You do not have to create a Florida firearm bill of sale, but it is a good idea to do so anyway.
It provides a record and proof of the sale.
Gun Inheritance Laws in Florida
You can pass a firearm to someone through your will or a gun trust in Florida without restrictions.
The only exception is that someone prohibited by state or federal law from owning a firearm will not be able to receive the firearm.
Documents Needed to Complete a Firearm Bill of Sale in Florida
Because there are no legal requirements for a Florida firearm bill of sale, it is up to you to ensure you have all the details necessary to make it valid as proof of the transaction.
You will want the following to complete a Florida firearm transfer form:
- Buyer’s name, address, and contact details
- Statement from the buyer that they are not prohibited from owning the firearm
- Statement that you provided the sales and storage warning
- Your name, address, and contact details
- The firearm’s make, model, serial number, and list of features
- The sales details, including price, date, and other important information
Additional Florida Gun Laws
Who Cannot Purchase a Firearm in Florida?
Federal law and Florida law states that the following people do not have the right to own or possess a firearm and cannot legally purchase one (Florida Statutes Section 790.064) :
- Convicted felons
- Persons with a legal order of mental illness
- Persons convicted of domestic violence
- Persons with substance addiction
- Fugitives from justice
- Illegal aliens
- Military members with a dishonorable discharge
- Persons subject to an active protective order
- Persons with current pending felony criminal charges
- Persons under the age of 24 who have juvenile charges equal to adult felonies
Does Florida Have a Waiting Period for Firearm Sales?
Florida requires a three (3) day waiting period between the firearm purchase and delivery (Florida Constitution, Article 1, Section 8). The three days do not include weekends or state holidays.
If a person has a concealed carry permit, the waiting period does not apply.
Can You Buy a Firearm in Florida Without Registering It?
The state does not require registering firearms when you purchase them.
Does a Firearm Bill of Sale Have to Be Notarized in Florida?
You have no legal obligation to create a Florida firearm bill of sale, so there is no requirement to notarize it.
However, notarization may be a good idea if you do not know the buyer or have concerns about potential issues in the future concerning the sale.
Is a Record of Firearms sent to Police in Florida?
The state does not allow the state or governmental agency including the police to keep records of privately owned firearm owners (Florida Statutes Section 790.335(2)).
Concealed and Open Carry Laws in Florida
How to Apply to Carry a Firearm in Florida
In Florida, you can apply for a concealed carry license with the Department of Agriculture and Consumer Services (Florida Statutes Section 790.06).
To secure a license, you must meet the following requirements:
- Be at least 21 years old
- Be a U.S. citizen or a permanent resident of the U.S.
- Be free of physical or mental conditions that would make you unable to safely handle a firearm
- Not be ineligible to possess a firearm
- Affirm you wish to carry for lawful self-defense
- Prove firearm competency by completing a safety or training program
The department issues licenses valid for seven years if you meet all the requirements. You must ensure you renew when it expires.
You should know that not every state will honor a Florida license to carry concealed weapons, so check with that state before you carry outside Florida.
Florida Firearm Reciprocity
Florida does recognize permits from other states if they meet specific requirements (Florida Statutes Section 790.015).
A person must be at least 21 years old, a United States citizen or permanent resident, and have a valid license issued in their state of residence.
Florida also recognizes permits for military members and law enforcement.
How to Write a Firearm Bill of Sale in Florida
Creating a Florida firearm bill of sale offers you legal protection and proof you sold the firearm.
When creating a Florida firearm transfer form, make sure to do the following steps:
Step 1 – State Laws
Familiarize yourself with Florida firearm sales laws.
Step 2 – Background Check
Conduct a background check on the buyer or secure a recently completed background check from the buyer.
Step 3 – Buyer Meeting
Meet the buyer and conduct the transaction in person.
Step 4 – Completion
Complete the Florida firearm bill of sale.
Ensuring you have a Florida firearm bill of sale is not a legal requirement, but it is a smart idea.
You can protect yourself from potential legal issues by having this document.
Get an attorney-drafted form from Legal Templates to make the process simple and fast.
Florida Firearm Bill of Sale Sample
Below is an example of what a Florida firearm bill of sale looks like.