Do You Need a Background Check to Buy a Gun in Florida?

Yes. A background check to buy a gun in Florida is required for every purchase from a federally licensed dealer, run by the Florida Department of Law Enforcement before the firearm changes hands. The only state-law exception is a sale between two private individuals, neither of whom is a licensed dealer. Holders of a valid Florida Concealed Weapon or Firearm License are exempt from the dealer check and from the waiting period that normally follows it.

How the Dealer Background Check Works

When you buy a firearm from a Federally Licensed Firearm Dealer, the dealer contacts the FDLE’s Firearm Purchase Program and runs your information through both state criminal databases and the FBI’s National Crime Information Center.¹

Before that call, you fill out ATF Form 4473, a federal questionnaire covering your identity, criminal history, citizenship, drug use, and mental health history. You will need a valid government-issued photo ID. The dealer collects a processing fee for the check, which Florida law caps at $8 per transaction.²

FDLE returns one of three results: approved, non-approved, or decision pending. About 98% of transactions are resolved within minutes. A non-approval means you are legally prohibited from completing the purchase. A pending decision means analysts need more time to research your record, and the transaction gets assigned to a team that works it until a final decision is issued.³

What the Check Screens For

Under Florida Statute 790.065, FDLE checks whether you:

Have a felony conviction and are therefore prohibited from possessing firearms
Were convicted of a misdemeanor crime of domestic violence
Had adjudication withheld on any felony or misdemeanor domestic violence charge, unless three years have passed since you completed all court-ordered conditions or the record was expunged
Were adjudicated mentally defective or committed to a mental institution by a court

Federal law under 18 U.S.C. § 922(g) adds further categories. You are prohibited if you are a fugitive from justice, an unlawful user of or addicted to a controlled substance, in the United States unlawfully or on a nonimmigrant visa (with narrow exceptions), dishonorably discharged from the Armed Forces, have renounced your U.S. citizenship, or are subject to a qualifying domestic violence restraining order.⁴

The “adjudication withheld” category catches people off guard. In many states, a withheld adjudication means no conviction and no further consequences. In Florida, it still blocks your firearm purchase for three years after you finish all court-ordered conditions. If you had a felony charge resolved with a withheld adjudication and assumed you were clear to buy, check the date you completed your conditions.

Private Sales Between Individuals

Florida’s background check requirement applies only to sales by licensed dealers. When two private individuals, neither licensed as a dealer, complete a firearm transaction, no background check is required under state law. Federal law also does not impose a background check on private intrastate sales. The rule is the same whether the sale is arranged online, at a gun show, or in person, as long as neither party is a licensed dealer.

Federal law still makes it a crime to sell or transfer a firearm to anyone you know or have reasonable cause to believe is a prohibited person.⁴ If a private buyer turns out to be a convicted felon, the seller’s exposure depends on what they knew or had reason to know. Some private sellers route the transaction through a licensed dealer so a background check is run; the dealer charges a transfer fee, typically $30 to $75 in Florida.

Age Requirement

You must be at least 21 years old to buy any firearm in Florida, whether handgun, rifle, or shotgun. A dealer who sells a firearm to someone under 21 commits a third-degree felony. The exceptions are active law enforcement officers, correctional officers, and military servicemembers purchasing a rifle or shotgun.⁵

The Three-Day Waiting Period

Even after an approved background check, you cannot leave with the firearm the same day. Florida imposes a three-day waiting period between the purchase and delivery of any firearm, and weekends and legal holidays do not count toward those three days.⁶ Buy on a Friday afternoon and the clock does not start until Monday.

Counties and cities may extend the waiting period to as many as five days by local ordinance, so the wait can vary depending on where you make the purchase.⁷ Violating the waiting period is a third-degree felony, both for the dealer who hands the gun over early and for a buyer who obtains it through fraud.⁶

Concealed Weapon License Exemption

A valid Florida Concealed Weapon or Firearm License changes the picture significantly. Under the statute, the entire background check requirement at a licensed dealer does not apply to CWFL holders.² CWFL holders are also exempt from the mandatory waiting period.⁶ The same exemptions apply to active law enforcement officers, correctional officers, correctional probation officers, and military servicemembers.

At the federal level, a Florida CWFL qualifies as an alternative to the FBI’s NICS check under the Brady Act, provided the license was issued within the past five years and the state ran a background check before issuing it.⁸

One practical note: dealers are not required to accept your CWFL in place of running the check. Some dealers run the FDLE check on every transaction regardless of license status as a matter of store policy. Do not be surprised if a dealer still runs the check even though the law does not require it.⁸

If Your Background Check Is Denied

If your check comes back non-approved, you can challenge the decision. Submit a written appeal to the FDLE’s Firearm Purchase Program within 30 days of the denial. Include your full name, date of birth, Social Security number, the transaction number the dealer gave you, and documentation supporting your case: court records showing a charge was dismissed, proof that conditions were completed, or evidence of mistaken identity.

FDLE has 30 working days to review a complete appeal and issue a written response, though the review can take longer if more records are needed. Appeals go to the FDLE Firearm Purchase Program in Tallahassee. Denials based on an old charge that was dropped or a records error are more common than people expect, so keep paperwork from any prior court proceedings accessible.

Buying for Someone Else

Buying a firearm on behalf of someone who cannot legally buy one themselves is a straw purchase and a serious federal crime. Under 18 U.S.C. § 932, knowingly purchasing a firearm for a prohibited person, or for someone who intends to use it in a felony or drug trafficking crime, carries up to 15 years in prison and a $250,000 fine. If the firearm is used in a felony, an act of terrorism, or a drug trafficking crime, the maximum sentence rises to 25 years.⁹ Lying on Form 4473 about who the actual buyer is will draw federal scrutiny on its own.

Non-U.S. Citizens

If you are not a U.S. citizen, your ability to buy depends on your immigration status. A lawful permanent resident with a green card is not subject to the nonimmigrant prohibition and follows the same purchase process as a citizen.⁴

Nonimmigrant aliens admitted on a visa are generally prohibited from possessing firearms under 18 U.S.C. § 922(g)(5), with limited exceptions such as holders of valid hunting licenses. A nonimmigrant alien who has established residency in Florida can purchase from a licensed dealer, provided the sale complies with all applicable federal and state laws. A nonimmigrant alien without residency in any state cannot buy and take possession of a firearm domestically at all.¹⁰

1
Florida Department of Law Enforcement. Firearm Purchase Process
2
Florida Senate. Florida Code 790.065 – Sale and Delivery of Firearms
3
Florida Department of Law Enforcement. Firearm Transaction Decisions
4
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
Online Sunshine. Florida Statutes Section 790.065
6
Online Sunshine. Florida Statutes Section 790.0655
7
Florida Department of Law Enforcement. Requirements to Purchase a Firearm
8
Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart
9
Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms
10
Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Questions and Answers