The Florida Department of Law Enforcement (FDLE) works with the Firearm Purchase Program (FPP), ensuring rigorous background checks on firearm transactions across the state. Florida is a point of contact (POC) state for the FBI’s National Instant Criminal Background Check System (NICS), meaning FFLs must run background checks through the FDLE rather than NICS directly. The purpose of these checks is to prevent firearms from being sold to prohibited persons or any individuals that legally are disqualified from owning a gun. The FPP reflects Florida and the United States’ commitment to public safety and upholds Second Amendment rights of law-abiding citizens to own firearms.
Florida FPP’s Role as a POC State
The Firearm Purchase Program (FFP) handles state background checks for every firearm sale or transfer in Florida and verifies that the potential buyer is eligible to purchase the weapon. The FPP is responsible for maintaining records of all checks, which provides a reliable track record for law enforcement purposes. The program also provides updates on legislation changes for firearm dealers and ensures that all parties involved in the sale are aware of their legal obligations and the importance of compliance.
Information Collected for Florida Gun Background Checks
The FDLE runs a thorough background check of each applicant to ensure compliance with the federal government and Florida state laws. The details gathered during the process include:
- Personal Identification: Buyer’s full name, date of birth, and government-issued photo identification or driver’s license
- Criminal History: Any record of felony convictions, domestic violence convictions, or existing restraining orders
- Mental Health Records: Any disqualifying records from mental institutions
- Substance Abuse Records: Prior drug-related convictions or substance abuse
This information helps ensure that gun sales are lawful and that prospective buyers meet all legal requirements for responsible gun ownership.
Approval or Denial From the FDLE
After completing the background check process, applicants will either receive an approval or a denial from the FDLE:
- Approvals: If the applicant passes the background check and meets the criteria to own a firearm, they are approved and the firearm transfer can proceed.
- Denials: If the FPP discovers disqualifying factors for gun ownership, the applicant receives a denial and the transaction is halted. There is an appeal process they can take to have their application re-examined.
The Appeal Process
If an individual is denied the ability to purchase a firearm during the background check process, there are specific steps to take to make an appeal:
- Initiate the Appeal: Obtain the Appeals Form from the licensed dealer or the FDLE website. Filling out the form correctly is crucial because any false information can disrupt the review process.
- Submit Fingerprints: The applicant must then submit fingerprints through their local law enforcement agency.
- Review Process: The applicant sends the Appeals Form and fingerprints to the address indicated on the form. All materials must be sent within 60 days of the initial denial to avoid rejection of the appeal.
- Final Decision: The denial can then be overturned or denied depending on the information that is discovered in the review. If overturned, they can proceed with the gun purchase.
This appeals process ensures that every applicant has a fair opportunity under Florida law to have their case reviewed and potentially overturned. For any additional questions, applicants can contact the FPP for assistance.
How to Legally Transfer a Gun in Florida
Whether you’re an FFL or a private seller, it’s essential to understand how to legally transfer a firearm under Florida law.
In-State Transfers
- All firearm purchases through a licensed firearm dealer must go through the FDLE’s background check process.
- A concealed carry license (CCW) may allow buyers to bypass the waiting period, but not the background check.
Private sales between two Florida residents do not require a background check under federal law, but selling to a prohibited person, even unknowingly, can still result in serious consequences.
Transferring Between Different States
- Federal law prohibits private gun transfers across state lines without involving a federal firearms license holder.
- The buyer must arrange to receive the firearm through an FFL in their home state, where a background check will be conducted.
Florida Gun Trusts
Another option for firearm transfers in Florida is through a gun trust. A Florida gun trust allows individuals to legally own and share restricted firearms, such as short-barreled rifles, suppressors, or other NFA items, with trustees. While not necessary for standard firearms, gun trusts help manage complex ownership scenarios, especially in families or business partnerships. They must still comply with both state law and federal regulation.
Frequently Asked Questions
To buy a firearm in Florida, individuals must meet the following requirements:
- Be at least 21 years old
- Be a Florida resident
- Possess a valid government-issued ID
For law enforcement officers, the minimum for rifles and shotguns is reduced to 18
Under Florida law, a mandatory waiting period of three business days applies between purchasing and receiving a firearm unless the buyer has a valid concealed carry permit or qualifies for another valid exception document.
Potential buyers must fill out the ATF Form 4473 and submit their information to the Firearm Purchase Program at the FDLE. They will determine the individual’s eligibility, give the applicant a queue number, and issue an approval or denial after evaluating the background check.
A queue number is a unique transaction ID issued by the FDLE that tracks the status of the background check. It can also be used to file an appeal if the buyer is denied.
Under federal law, background checks for private sales are not required unless the transaction is facilitated through a licensed dealer. However, selling a firearm to a prohibited person, even unintentionally, can carry serious legal consequences.
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