Gun Laws in Florida
Gun laws in Florida are relatively permissive, but all gun owners must comply with both federal law and Florida state-specific regulations. Private sales do not require a background check or FFL dealer. A waiting period applies: 3 business days for dealer sales (CWL holders and licensed hunters during season are exempt). This complete guide covers every Florida gun law you need to know in 2026.
Florida Gun Laws — Quick Overview
Florida Gun Laws — Quick Reference
Adults 21+ not prohibited under Florida or federal law. Constitutional carry (permitless) effective July 2023.
Private Sales: Legal — no dealer required
Background Check: Not required for private sales
Waiting Period: 3 business days for dealer sales (CWL holders and licensed hunters during season are exempt)
Permit to Purchase: Not required
Registration: Not required
Magazine Limit: None
Assault Weapons Ban: No state ban
Min Age (Private): 21+
Min Age (Dealer): 21+ handguns / 21+ long guns
Carry Laws: Constitutional carry (permitless) effective July 2023
Table of Contents
Florida Gun Laws — Complete Reference Table
The table below covers every major category of gun law in Florida — from private sales and background checks to carry rights, prohibited persons, and penalties. Each row includes Florida's specific rule, key details, and direct links to the governing law.
| LAW CATEGORY | FLORIDA STATUS | KEY DETAILS | LAW RESOURCES |
|---|---|---|---|
| PRIVATE SALES & TRANSFERS | |||
| Private Gun SalesPerson-to-person transfers | ✅ Legal | Private firearm sales between eligible Florida adults are legal without FFL dealer involvement. Both parties must be eligible under federal and Florida law. Sellers cannot knowingly transfer to a prohibited person under 18 U.S.C. § 922(d). GunTransfer performs a full background check and generates a bill of sale for every private sale. | Fla. Stat. § 790.001 et seq. ATF — Private Transfer Rules |
| FFL Dealer RequiredLicensed dealer involvement | ✅ Not Required | For in-state private sales between two Florida residents, no FFL dealer is required. An FFL is required for: purchases from licensed retailers, out-of-state purchases, and online firearm purchases. | ATF — FFL Dealers ATF — Interstate Rules |
| Bill of SaleTransfer documentation | ✅ Recommended | Not legally required in Florida but strongly recommended — it documents the transfer date, buyer eligibility, and firearm serial number, protecting sellers from future liability. | GunTransfer Bill of Sale → |
| Interstate TransfersOut-of-state sales | 🔵 FFL Required | Federal law prohibits direct private handgun transfers between residents of different states. Any out-of-state firearm purchase must ship to a licensed FFL dealer in the buyer's state. | 18 U.S.C. § 922 ATF Interstate Guidance |
| BACKGROUND CHECKS | |||
| Background Check — DealerLicensed dealer purchases | 🔵 Required | Background checks are required for ALL purchases from licensed FFL dealers under federal law. The dealer submits a NICS check through the FBI before releasing any firearm. | FBI NICS System ATF — Brady Law |
| Background Check — Private SalesPerson-to-person | ✅ Not Required | Florida does not require background checks for private firearm sales between individuals. However, sellers remain legally responsible under 18 U.S.C. § 922(d) for not knowingly transferring to a prohibited person. GunTransfer provides a full background check for every private sale. | ATF — Prohibited Persons 18 U.S.C. § 922(d) |
| WAITING PERIODS | |||
| Waiting PeriodDealer & private sales | ⚠️ Required | Florida requires a waiting period: 3 business days for dealer sales (CWL holders and licensed hunters during season are exempt). The buyer cannot take possession until this waiting period has elapsed after the transfer is approved. | Florida Firearms Laws Giffords — Waiting Periods |
| PERMITS & LICENSES | |||
| Permit to PurchaseBefore buying a firearm | ✅ Not Required | Florida does not require any permit, license, or state ID card to purchase a firearm. Federal eligibility requirements apply. | Florida Firearms Laws |
| Concealed CarryCarrying a hidden firearm | ✅ Permitless | Constitutional carry (permitless) effective July 2023. Optional CWL for reciprocity. | Florida Carry Laws Florida Carry Reciprocity |
| REGISTRATION | |||
| Firearm RegistrationState registry | ✅ Not Required | Florida has no state firearm registry. Gun owners are not required to register firearms with any state or local government. | Florida Firearms Laws |
| AGE REQUIREMENTS | |||
| Handguns — DealerMinimum purchase age | ⚠️ 21+ | Federal law requires buyers to be at least 21 to purchase a handgun from a licensed FFL dealer. | 18 U.S.C. § 922(b)(1) |
| Long Guns — DealerRifles & shotguns | ⚠️ 21+ | Florida law allows licensed FFL dealers to sell rifles and shotguns to buyers 21+. | 18 U.S.C. § 922(b)(1) |
| Private Sales — All FirearmsMinimum private sale age | ⚠️ 21+ | Florida law sets 21 as the minimum age for all private firearm transfers in Florida — handguns and long guns alike. | 18 U.S.C. § 922(x) |
| 🔫 CARRY LAWS | |||
| Open CarryCarrying a visible firearm | ✅ Legal | Open carry is legal in Florida for eligible adults. Restricted locations (schools, courthouses, federal buildings) still apply. | Florida Carry Laws |
| ⛔ FIREARM RESTRICTIONS | |||
| Assault Weapons BanRestrictions on certain firearms | ✅ No Ban | Florida has no state assault weapons ban. Semi-automatic rifles, pistols, and shotguns are legal to purchase, own, and transfer in Florida. | Florida Firearms Laws Giffords — Florida AWB |
| Magazine Capacity LimitsRound restrictions | ✅ No Limit | Florida has no magazine capacity restrictions. Magazines of any capacity are legal to purchase, own, and transfer in Florida. | Giffords — Magazine Laws |
| Red Flag / ERPO LawsEmergency removal orders | ⚠️ Law Exists | Florida has a Red Flag law (Extreme Risk Protection Order / ERPO). Law enforcement or family members may petition a court to temporarily remove firearms from an individual deemed a risk. | Giffords — Red Flag Laws |
| 🚫 PROHIBITED PERSONS | |||
| Federal Prohibited PersonsWho cannot own firearms | 🚫 See List | Under 18 U.S.C. § 922(g), prohibited from possessing firearms in Florida and all states:
| ATF — Prohibited Persons 18 U.S.C. § 922(g) |
| SELLER & BUYER OBLIGATIONS | |||
| Seller ResponsibilityLegal obligations when selling | 🔵 Federal Law | Even in gun-friendly states like Florida, sellers carry federal legal obligations. You cannot:
| 18 U.S.C. § 922(d) ATF — Seller Obligations |
| Gift TransfersTransferring without payment | ✅ Legal | Firearms may be gifted in Florida when the recipient is legally eligible and at least 21 years old. The same prohibited person restrictions apply. Gifting to a prohibited person is a federal felony. Document with GunTransfer. | 18 U.S.C. § 922 |
| Gun InheritanceInheriting firearms from estate | ✅ Legal | Florida allows the inheritance of legally-owned firearms. Key rules:
| ATF — Firearm Inheritance ATF — NFA Inheritance |
| KEY FLORIDA STATUTES | |||
| Primary Firearms StatuteMain state law | State Law | Fla. Stat. § 790.001 et seq. — Florida's primary firearms laws covering possession, transfer, carry, and prohibited persons. | Florida Firearms Code (Full Text) Giffords — Florida Gun Laws NRA-ILA — Florida |
| Federal Baseline LawApplies in all 50 states | Federal | 18 U.S.C. § 922 — The primary federal firearms statute governing who can own guns, dealer background checks, interstate transfer rules, and federal firearms crimes. Applies in Florida and every state. | 18 U.S.C. § 922 (Full Text) ATF State Laws Guide |
Quick Facts
How Gun Laws Are Categorized
To understand firearm regulations across the United States — and in Florida specifically — gun laws fall into three broad categories: gun-friendly states, moderate states, and strict states. Florida falls into the gun friendly category: ✅ Gun-Friendly.
- No background checks for private sales
- No waiting periods
- No permit required to purchase
- No firearm registration
- Permitless (constitutional) carry
- No magazine capacity limits
- Minimal transfer restrictions
- Some background check requirements
- Private sale rules vary
- Concealed carry permits required
- Limited waiting periods
- Some firearm restrictions
- State-level transfer rules
- Universal background checks required
- Mandatory waiting periods
- Firearm registration required
- Permit required to purchase
- Magazine capacity limits
- Assault weapon restrictions
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Quick Answers about Florida Gun Laws
A gun transfer occurs whenever legal ownership of a firearm changes from one individual to another in Florida. This can happen through a private sale or a licensed dealer.
- Yes — legal in Florida between eligible adults. No background check, FFL dealer, or permit required for in-state private sales. GunTransfer documents every sale.
- No — not required by Florida law for private sales. However, GunTransfer performs a full background check on every buyer.
- No — not directly. Federal law requires handgun sales to buyers in other states to go through a licensed FFL dealer in the buyer's state. Online purchases must ship to a local FFL.
- Yes — always recommended in Florida. Even though not legally required for private sales, a GunTransfer bill of sale documents the transfer date, buyer eligibility, and firearm serial number.
Understanding when a firearm transfer is required and how to complete one legally in Florida is essential for responsible gun ownership. GunTransfer makes every private transfer documented and legally protected.
Responsible Firearm Transfers
Responsible firearm transfers in Florida help ensure that firearms remain in the hands of law-abiding citizens. Even in gun-friendly Florida, responsible sellers always verify buyer eligibility and document the transfer.
- Confirming the buyer is legally eligible to possess firearms under Florida and federal law
- Verifying the buyer is at least 21 years old and a legal U.S. resident
- Using GunTransfer to run a full background check on the buyer
- Generating a complete GunTransfer bill of sale documenting both parties and the firearm
- Meeting in a safe, public location to complete the transfer
- Keeping a permanent copy of the GunTransfer bill of sale
Responsible firearm transfers help protect Florida gun owners from future liability, prevent firearms from reaching prohibited individuals, and demonstrate the law-abiding character of Florida’s gun owner community.
Florida Gun Law Resources
Complete Florida firearms guides and 50-state resources from GunTransfer.com
50 State Guides
Gun Laws by State → How to Buy a Gun by State → How to Sell a Gun by State → Private Gun Sale Laws by State → Gun Transfer Laws by State → Background Check Laws → Waiting Period Laws →Florida Law Guides
How to Buy a Gun in Florida → How to Sell a Gun in Florida → Private Gun Sale Laws in Florida → Gun Transfer Laws in Florida → Background Check Laws in Florida → Waiting Period Laws in Florida →Support
Frequently Asked
Questions
What are the gun laws in Florida?
Florida allows private firearm sales. Private sales do not require a background check or FFL dealer in Florida.3 business days for dealer sales (CWL holders and licensed hunters during season are exempt). No firearm registration is required. See Fla. Stat. § 790.001 et seq..
Do I need a background check to buy a gun in Florida?
For dealer purchases, yes — a background check is always required under federal law. For private sales in Florida, no background check is required by state law. However, GunTransfer performs a full background check on every buyer.
Is there a waiting period for gun purchases in Florida?
Florida requires a waiting period: 3 business days for dealer sales (CWL holders and licensed hunters during season are exempt). The buyer cannot take possession until this period elapses.
What is a gun transfer and when is it required?
A gun transfer occurs whenever legal ownership of a firearm moves from one person to another. In Florida, private transfers between residents do not require FFL dealer involvement. Interstate transfers always require a licensed FFL in the buyer’s state under federal law.
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Florida Gun Law Resources: Fla. Stat. § 790.001 et seq. | ATF — Prohibited Persons | 18 U.S.C. § 922 | FBI NICS | Giffords — Florida Gun Laws
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- Done from your phone in ~10 minutesNo gun-shop visit required in Florida.
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About this guide
- Published by
- Gun Transfer, which has handled private firearm transfers since 2016. Written and maintained in-house.
- Sources
- Federal law (18 U.S.C. § 921–931), the ATF’s published rules and guidance, and the statutes of the state this page covers. Primary sources are linked throughout the text above so you can check any of it yourself.
- Last reviewed
- . Firearm law changes often, and a page that was right in April can be wrong by August.
- Found something wrong?
- Tell us and we will check it: info@guntransfer.com or 855-750-5500.
This is general information, not legal advice. We are not a law firm and no attorney has reviewed this page. Firearm law varies by state and by situation, and the consequences of getting it wrong fall on you — so verify anything you are relying on against your state’s current statute, or ask a lawyer licensed there.
