Selling a gun in Florida is legal whether you’re a licensed dealer or a private individual, but the two paths follow very different rules. A private seller can complete a face-to-face sale to another Florida resident without running a background check, filing paperwork, or observing a waiting period. A licensed dealer must do all three. Both are bound by the same core prohibition: you cannot transfer a firearm to anyone you know or reasonably suspect is legally barred from owning one.
Private Sale or Dealer Sale
If you’re clearing out a personal collection or selling a gun to a friend, you’re a private seller under Florida law. You are not required to conduct a background check through the Florida Department of Law Enforcement (FDLE) system, keep records of the transaction, or wait three business days before handing over the firearm. Those obligations attach only to licensed dealers.1Florida Senate. Florida Code 790.0655 – Purchase and Delivery of Firearms, Mandatory Waiting Period, Exceptions, Penalties
That doesn’t mean private sales are unregulated. Federal and state law still control who you can sell to, how you can verify them, and what happens if the buyer turns out to be prohibited. Ignoring those rules can turn a routine sale into a felony.
Who You Cannot Sell To
Federal law lists nine categories of people who cannot possess firearms, and transferring a gun to any of them exposes the seller to criminal liability under 18 U.S.C. § 922(d) if the seller knew or reasonably should have known.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The categories include anyone:
- Convicted of a felony (any crime punishable by more than one year in prison)
- Fugitive from justice
- Unlawful user of controlled substances
- Adjudicated as mentally defective or committed to a mental institution
- Subject to certain domestic violence restraining orders
- Convicted of a misdemeanor crime of domestic violence
- Dishonorably discharged from the armed forces
- An unlawful alien or a nonimmigrant visa holder (with narrow exceptions)
- A person who has renounced U.S. citizenship
Florida adds its own disqualifiers, which the FDLE screens for on dealer sales: anyone who had adjudication withheld on a felony (unless three years have passed and all court conditions are met) and anyone convicted of a misdemeanor crime of domestic violence.3Florida Senate. Florida Code 790.065 – Sale and Delivery of Firearms
Buyers Under 21
Florida bans the sale of any firearm to anyone under 21. The rule, passed after the 2018 Parkland shooting, applies to private sellers and licensed dealers alike, and violating it is a third-degree felony punishable by up to five years in prison.4The Florida Legislature. Florida Code 790.065 – Sale and Delivery of Firearms The only carve-outs are for law enforcement officers, correctional officers, and active servicemembers buying a rifle or shotgun.
Out-of-State Buyers
Federal law forbids a private (non-licensed) seller from transferring a firearm to a resident of another state. If your buyer lives outside Florida, the sale has to run through a licensed dealer in the buyer’s home state, who will handle the transfer and background check on that end.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts There is no exception for a nearby border resident or a family member.
When Occasional Selling Turns Into Dealing
A private seller who does it too often stops being a private seller. Under 18 U.S.C. § 921, anyone who devotes time and attention to firearm sales as a regular course of trade with the primary goal of earning a profit through repeated buying and reselling is “engaged in the business” and must hold a Federal Firearms License from the ATF.5Legal Information Institute. 18 USC 921 – Definitions The Bipartisan Safer Communities Act of 2022 broadened the definition to focus on whether someone “predominantly” intends to earn a profit, rather than needing sales to be their livelihood.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Final Rule – Definition of Engaged in the Business as a Dealer in Firearms
Thinning a personal collection or selling the occasional hobby gun does not require a license. Buying guns specifically to flip them for profit does. Willfully dealing without a license carries up to five years in federal prison under 18 U.S.C. § 924.7Office of the Law Revision Counsel. 18 USC 924 – Penalties
How to Protect Yourself on a Private Sale
Because private sellers don’t have access to the FDLE background check system, the burden of vetting the buyer falls on you. A few practical steps close most of the gap.
Verify Age and Residency
Ask for a valid Florida driver’s license or state-issued ID before agreeing to terms. That single document confirms the buyer is at least 21 and a Florida resident, which handles two of the biggest disqualifiers at once.
Run the Serial Number
The FDLE’s Public Access System lets anyone check a firearm’s serial number against the Florida Crime Information Center database of stolen guns. The tool is updated every 24 hours, and any hit returns the reporting agency and case number.8Florida Department of Law Enforcement. Stolen Guns FDLE recommends contacting the listed agency to confirm the report is still active if a match appears. Do this before money changes hands. It costs nothing.
Write a Bill of Sale
Florida does not require any form for a private transfer, but a written bill of sale is the single best piece of evidence that you no longer own the firearm. Include:
- Date of the transaction
- Full names and signatures of both parties
- Driver’s license or state ID numbers for both parties
- Firearm details: manufacturer, model, caliber, and serial number
Keep your copy indefinitely. If the gun later shows up at a crime scene, the bill of sale tells investigators exactly when it left your hands and to whom.
Consider a Voluntary Dealer Transfer
Some private sellers meet the buyer at a licensed dealer and pay for a voluntary background check and transfer, typically $20 to $100. That routes the sale through the FDLE system and gives you legal insulation similar to what a dealer sale provides.
Shipping and Long-Distance Sales
If the buyer can’t come to you, the rules tighten. A non-licensed individual cannot ship a firearm directly to another private person. The buyer must arrange a receiving FFL in their area, and you ship to that dealer, who runs the background check and completes the transfer on their end.
When you ship through a common carrier, you must notify the carrier that the package contains a firearm, and the carrier is barred from requiring any external label identifying the contents.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Handguns from a non-licensee have to go by common carrier, not USPS. Ammunition ships separately and may trigger hazardous-materials handling.
If You’re the Licensed Dealer
Selling as an FFL is a different job. Every sale requires a completed ATF Form 4473, which the buyer fills out at your licensed premises, answering questions about criminal history, mental health, and drug use.9Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record False statements on that form are the federal hook for prosecuting straw purchases. Form 4473 and your bound acquisition-and-disposition records must be kept for ATF inspection.
Before delivering the firearm, you submit the buyer’s information to the FDLE Firearms Purchase Program, which checks state and federal databases. A processing fee of up to $8 is collected from the buyer.4The Florida Legislature. Florida Code 790.065 – Sale and Delivery of Firearms The gun cannot leave your counter until FDLE returns an approval.
Florida then layers on a mandatory waiting period: three business days (excluding weekends and legal holidays) between purchase and delivery, or until the background check clears, whichever takes longer.1Florida Senate. Florida Code 790.0655 – Purchase and Delivery of Firearms, Mandatory Waiting Period, Exceptions, Penalties Exemptions apply to holders of a valid Florida concealed weapon license, trade-ins, hunters with a completed 16-hour hunter safety certification (or an exemption plus a valid Florida hunting license) buying a rifle or shotgun, and law enforcement, correctional officers, and servicemembers buying a rifle or shotgun. Delivering a firearm before the waiting period expires is a third-degree felony for the retailer or employee. Counties are permitted by the Florida Constitution to extend the waiting period up to five business days for sales occurring on property where the public has a right of access, so check local rules.
Reporting the Gun Missing After the Sale
Florida does not currently require you to report a lost or stolen firearm within any set timeframe; a bill that would have imposed one (HB 817) died in committee in March 2026. Filing a report with local law enforcement is still worth doing. It creates a dated record that the firearm left your possession involuntarily, which matters if the gun later surfaces in a criminal investigation and someone starts asking why you never mentioned it was gone.