To meet the requirements to buy a gun in Florida, you must be at least 21 years old, legally eligible under both federal and Florida law, able to show a valid government-issued photo ID at a licensed dealer, and willing to pass a Florida Department of Law Enforcement background check and wait three business days (or until the check clears, whichever is longer) before taking the firearm home.
Age and Residency
Florida sets the minimum age at 21 for any firearm, handgun or long gun. The state raised that age from 18 in 2018. The only people who can still buy rifles and shotguns at 18 are law enforcement officers, correctional officers, and active-duty military service members.1Florida Department of Law Enforcement. Requirements to Purchase a Firearm
Residency rules split by firearm type. Only Florida residents can buy a handgun in the state. Non-residents may buy rifles or shotguns from a licensed Florida dealer, but the sale also has to comply with the buyer’s home-state gun laws.1Florida Department of Law Enforcement. Requirements to Purchase a Firearm
Non-citizens face additional federal rules. Lawful permanent residents can buy firearms by providing their alien registration number on ATF Form 4473. Non-immigrant visa holders are generally prohibited under federal law, with narrow exceptions such as holding a valid state hunting license or qualifying as a foreign law enforcement official.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Who Cannot Legally Buy a Firearm
Federal law bars several categories of people from buying or possessing firearms under 18 U.S.C. § 922(g). These prohibitions apply nationwide, regardless of state law:
- Anyone convicted of a crime punishable by more than one year in prison
- Fugitives from justice
- Unlawful users of controlled substances, including marijuana users
- People adjudicated as mentally defective or involuntarily committed
- Illegal aliens and most non-immigrant visa holders
- Anyone dishonorably discharged from the U.S. Armed Forces
- Anyone who has renounced U.S. citizenship
- People subject to certain domestic violence restraining orders issued after a hearing
- Anyone convicted of a misdemeanor crime of domestic violence
Those categories come from federal statute and apply everywhere.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Florida layers its own prohibitions on top. Under Florida Statute 790.23, anyone convicted of a Florida felony, or found to have committed a delinquent act that would be a felony if committed by an adult, cannot possess firearms. For juvenile offenders, that ban lasts until age 24 unless the record is expunged.3Official Internet Site of the Florida Legislature. Florida Code 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful
Florida also blocks purchases by people who received an “adjudication withheld” on any felony or on a misdemeanor crime of domestic violence, until three years have passed since the buyer completed all sentencing requirements. If you have a recent arrest for a potentially disqualifying crime that hasn’t been dismissed or resolved, the FDLE will not approve the transaction.4Florida Department of Law Enforcement. Firearm Transaction Decisions
A separate court process can also disqualify a buyer. Under Florida Statute 790.401, a court can issue a risk protection order against a person believed to pose a significant danger of injury by having firearms. While the order is in effect, the person cannot purchase, possess, or receive any firearm or ammunition. A temporary emergency order lasts up to 14 days; a full order can last up to 12 months.5Official Internet Site of the Florida Legislature. Florida Code 790.401 – Risk Protection Orders
Medical Marijuana Cardholders
This one surprises a lot of Floridians. Even though the state runs a legal medical marijuana program, marijuana is still a Schedule I controlled substance under federal law. The ATF has stated that anyone who uses marijuana, medical cardholders included, is an “unlawful user of a controlled substance” and cannot lawfully buy or possess firearms. If a licensed dealer knows the buyer holds a medical marijuana card, the dealer cannot complete the sale, no matter how the Form 4473 questions get answered.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Open Letter to All Federal Firearms Licensees Regarding Medical Marijuana Use
What to Bring to the Dealer
You need a valid, government-issued photo ID showing your name, date of birth, gender, race, and current address. If your primary ID doesn’t reflect your current address, you can supplement it with another government-issued document like a vehicle registration or property tax record. Every document has to be an unexpired original.7Florida Department of Law Enforcement. Firearm Purchase Process
At the counter, the dealer will hand you ATF Form 4473, the Firearms Transaction Record. You fill it out on-site. It collects your identifying information and asks a series of yes-or-no questions that track the federal disqualifiers: felony convictions, drug use, domestic violence history, mental health adjudications, immigration status, and more.8Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record Revisions
Answer carefully. Lying on Form 4473 is a federal felony punishable by up to 15 years in prison and a $250,000 fine. Florida treats a false statement during a firearm purchase as a third-degree felony carrying up to five years in state prison.8Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record Revisions
The Background Check
Once Form 4473 is done, the dealer calls the Florida Department of Law Enforcement. Florida runs its own check rather than routing sales through the FBI’s national system. The FDLE searches the Florida Crime Information Center and National Crime Information Center databases against your information to decide whether you’re eligible.9Official Internet Site of the Florida Legislature. Florida Code 790.065 – Sale and Delivery of Firearms
The dealer collects a processing fee for the check, capped by statute at $8.9Official Internet Site of the Florida Legislature. Florida Code 790.065 – Sale and Delivery of Firearms The FDLE returns one of three results: approval, non-approval, or a conditional non-approval that means the check needs more time. If your result is non-approved, the dealer cannot complete the sale. The FDLE will send a letter explaining the reason, and you can challenge the decision if you believe the underlying records are wrong.
The Waiting Period
Florida requires a mandatory wait between paying for a firearm and taking it home. The waiting period is three days, excluding weekends and legal holidays, or until the background check is complete, whichever is longer. Buy a gun on a Monday and the earliest you can pick it up is Thursday, assuming the check has cleared.10Florida Senate. Florida Code 790.0655 – Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties
Holders of a valid Florida Concealed Weapon or Firearm License are exempt from the waiting period. The background check still runs; the license just lets you take the firearm home the same day once the check clears.10Florida Senate. Florida Code 790.0655 – Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties
Private Sales and Online Purchases
Everything above describes buying from a licensed dealer. Private sales between individuals work differently. Neither federal nor Florida state law requires a private seller to run a background check, collect a Form 4473, or observe a waiting period.
Florida counties do have authority to set their own rules for private firearm transfers, including background checks and waiting periods of three to five days. Whether those requirements apply depends on where you live. Concealed carry license holders are generally exempt from county-level waiting period rules.
Even without a legal duty to run a check, it remains a crime to sell a firearm to someone you know or have reasonable cause to believe is a prohibited buyer. Sellers who ignore obvious red flags can face federal charges.
Buying online is legal, but the gun cannot be shipped to your house. Federal law requires it to be shipped to a licensed dealer (an FFL holder) near you, who then handles the same paperwork, background check, and waiting period as any in-store sale. You pick your local FFL as the shipping destination, the seller ships to that dealer, and when the firearm arrives you go in, fill out Form 4473, present your ID, pay the transfer fee, and wait for the check and waiting period to clear.
Transfer fees vary by dealer, but most fall in the $25 to $50 range on top of the FDLE processing fee. Call your local dealer before ordering to confirm the fee and let them know a shipment is on the way.
Straw Purchases and Gifts
Buying a firearm for someone who can’t legally buy one themselves is a federal crime called a straw purchase. Congress created a dedicated statute for it in 2022 at 18 U.S.C. § 932. The maximum sentence is 15 years in federal prison and a $250,000 fine, rising to 25 years if the firearm is later used in a felony, an act of terrorism, or a drug trafficking crime.11Bureau of Alcohol, Tobacco, Firearms and Explosives. Don’t Lie for the Other Guy
Question 21.a on Form 4473 asks whether you are the actual buyer. Saying “yes” when the gun is really for someone else is the lie prosecutors build straw purchase cases around. Buying a firearm as a gift for a person who could legally pass a background check on their own is permitted; the line is whether the eventual recipient is legally eligible to own it.