Florida State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Florida, all firearms transfers by licensed dealers are processed directly through the Florida Department of Law Enforcement ("FDLE"), which enforces the federal purchaser prohibitions referenced above. Fla. Stat. Ann. § 790.065; Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). Licensed dealers may not sell or deliver firearms until they have requested a background check and received an approval number.  Section 790.065(1).  

When conducting background checks, the FDLE searches prospective purchaser background information both in the Florida Crime Information Center and in the National Crime Information Center systems.  Section 790.065(1)(c).  Florida has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.  Sections 790.23, 790.233, and 790.235 provide, subject to certain limited exceptions, that it is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, if that person:

• Has been convicted of a felony in the courts of Florida;

• Has been found, in a Florida court, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;

• Has been convicted of or found to have committed a crime against the United States which is designated as a felony;

• Has been found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding one year and such person is under 24 years of age;

• Has been found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding one year;

• Has been issued a final injunction under section 741.30 that is currently in force and effect, restraining that person from committing acts of domestic violence; or

• Meets the violent career criminal criteria established under section 775.084(1)(d), and who owns or has in his or her care, custody, possession, or control any firearm, ammunition or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device.

A potential buyer or transferee will be prohibited from receiving a firearm if the criminal history records check reveals a felony conviction, a misdemeanor conviction involving a crime of domestic violence, or that adjudication of guilt was withheld or imposition of sentence was suspended on any felony or misdemeanor crime of domestic violence, unless three years have elapsed since probation or any other conditions set by the court have been fulfilled.  Section 790.065(2)(a).  If a records check determines the transferee is so prohibited, the FDLE will inform the dealer of this fact and provide a non-approval number, effectively denying the sale. Section 790.065(2).

In addition, under section 790.065(2)(c)(1), the FDLE will only provide the dealer with a conditional non-approval number for the prospective transferee if a criminal history check reveals that the prospective transferee: (1) has been indicted or has had an information filed against her or him for an offense that is a felony under either state or federal law; (2) has had an injunction for protection against domestic violence or repeat violence entered against her or him; (3) has been arrested for a dangerous crime as specified in section 907.041(4)(a); or (4) has been arrested for any of the following:

• Criminal anarchy (§§ 876.01 and 876.02);

• Extortion (§ 836.05);

• Explosives violations (§ 552.22(1), (2));

• Controlled substances violations (§ 893);

• Resisting an officer with violence (§ 843.01);

• Weapons and firearms violations (Chapter 790);

• Treason (§ 876.32);

• Assisting “self-murder” (§ 782.08);

• Sabotage (§ 876.38); or

• Stalking or aggravated stalking (§ 784.048).

The FDLE has 24 working hours to determine the disposition of the indictment, information or arrest and inform the dealer whether the transferee is prohibited from receiving or possessing a firearm.  Section 790.065(2)(c)(2).  If the buyer is prohibited, the conditional non-approval number becomes a non-approval number.  Section 790.065(2)(c)(6).  If the potential buyer is not prohibited, or if the FDLE cannot determine the disposition information within the time period, the FDLE will provide the dealer with a conditional approval number.  Section 790.065(2)(c)(5).  The FDLE will continue to obtain the disposition information and adjust its approval or non-approval accordingly.  Section 790.065(2)(c)(7).  If the FDLE subsequently discovers that the potential transferee is prohibited from owning a firearm, it must immediately revoke the conditional approval number and notify local law enforcement.  Section 790.065(2)(c)(7)(b).

Any person who knowingly acquires a firearm intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree. Section 790.065(12)(d).

Section 790.065(14) states that the entire section 790.065 "is repealed effective October 1, 2009."

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Florida, although federal and state purchaser prohibitions still apply. See the Florida Private/Secondary Sales section.

No relevant statutes currently exist.

Open Carrying/Exposed Firearms

Except for “purposes of lawful self-defense,” Florida generally makes the open carrying of a handgun a misdemeanor of the second degree, which is punishable by up to 60 days imprisonment and a $500 fine. Fla. Stat. Ann. § 790.053(1), (3); see sections 775.082(4)(b) and 775.083(1)(e) for penalty provisions.

However, section 790.053 does not apply to various military personnel, law enforcement officers, government employees, security guards, messengers, regularly enrolled members of shooting or firearms collecting clubs (while at or going to/from club events), persons “engaged in fishing, camping, or lawful hunting” (or while going to/from such expeditions), or persons possessing arms at their home or place of business, among others. Section 790.25(3).

Transportation of Firearms

Generally, a person 18 years of age or older may possess a concealed firearm within the interior of a private vehicle, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Section 790.25(5). Nothing in section 790.25 prohibits the lawful carrying of a long gun anywhere in a private vehicle, or authorizes the carrying of a concealed firearm on the person. Id.

School districts may adopt written and published policies that prohibit the possession of concealed firearms within the interior of a private vehicle for the purposes of student and campus parking privileges. Section 790.115(2)(a)(3). "School" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or private. Id.

Concealed Weapons Licensing Requirements

Florida is a “shall issue” state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications.

Under section 790.06(2), the Florida Department of Agriculture and Consumer Services (“Department”) shall issue a license to carry a concealed weapon if the applicant:

• Is a U.S. resident or a certified consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the U.S.;

• Is 21 years of age or older;

• Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;

• Is not ineligible to possess a firearm due to a felony conviction (see § 790.23);

• Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of Chapter 893 (drug abuse prevention and control statutes) or similar laws of any other state relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;

• Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been committed under Chapter 397 (substance abuse services provisions) or under former Chapter 396, or has been convicted under section 790.151 (using a firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances), or has been deemed a habitual offender under section 856.011(3) (disorderly intoxication), or has had two or more convictions under section 316.193 (driving under the influence), or similar laws of any other state, within the three-year period immediately preceding the date on which the application is submitted;

• Desires a legal means to carry a concealed weapon or firearm for lawful self-defense;

• Demonstrates competence with a firearm by complying with any of the provisions of section 790.06(2)(h);

• Has not been adjudicated an incapacitated person under section 744.331, or similar laws of any other state, unless five years have elapsed since the applicant’s restoration to capacity by court order;

• Has not been committed to a mental institution under Chapter 394, or similar laws of any other state, unless the applicant produces a certificate from a licensed psychiatrist stating that he or she has not suffered from disability for at least five years prior to the date of submission of the application;

• Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged;

• Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and

• Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.

In addition, the Department must deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless three years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged.  Section 790.06(3).

Application and other license requirements are detailed in section 790.06.

The Department must issue a license or deny an application within 90 days after receiving the application materials.  Section 790.06(6)(c).  If the Department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation can be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.  Section 790.06(6)(c)(3).

A license shall be suspended or revoked per section 790.06(3), (10).

A person who carries a concealed firearm on or about his or her person without a license commits a felony of the third degree, which is punishable by up to 5 years imprisonment and a $5,000 fine. Section 790.01(2), (3); see sections 775.082(3)(d) and 775.083(1)(c) for penalty provisions.

Note, however, that section 790.06 does not apply in various circumstances involving military personnel, law enforcement officers, government employees, security guards, messengers, regularly enrolled members of shooting or firearms collecting clubs (while at or going to/from club events), persons “engaged in fishing, camping, or lawful hunting” (or while going to/from such expeditions), or persons possessing arms at their home or place of business, among others. Section 790.25(3).

          Disclosure or Use of Information

The Department maintains an automated listing of license holders and related pertinent information, and such information is available on-line, upon request, at all times to law enforcement agencies through the Florida Crime Information Center. Section 790.06(7).

Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm held by the Department is confidential and exempt from section 119.07(1) (state public records provisions) and Fla. Const. art. I, § 24(a) (access to public records and meetings provisions). Section 790.0601(1).

Information made confidential and exempt by Section 790.0601 shall be disclosed:

• With the express written consent of the applicant or licensee or his or her legally authorized representative;

• By court order upon a showing of good cause; or

• Upon request by a law enforcement agency in connection with the performance of lawful duties, including access to any automated database containing such information maintained by the Department.

Section 790.0601(2).

          Duration & Renewal

Florida concealed weapons licenses are valid for a period of five years from the date of issue.  Section 790.06(1).  License renewal requirements are detailed under section 790.06(11).

          Location Limits

Under section 790.06(12), a Florida license to carry a concealed weapon does not authorize a person to carry a concealed weapon or firearm into:

• Any place of nuisance (see § 823.05);

• Any police, sheriff, or highway patrol station;

• Any detention facility, prison, or jail;

• Any courthouse or courtroom, except that nothing precludes a judge from carrying a concealed weapon or determining who may carry a concealed weapon in his or her courtroom;

• Any polling place;

• Any meeting of the Legislature or a committee thereof;

• Any meeting of the governing body of a county, public school district, municipality, or special district;

• Any school, college, or professional athletic event not related to firearms;

• Any school administration building;

• Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;

• Any elementary or secondary school facility;

• Any area technical center;

• Any college of university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or non-lethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;

• Inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking as baggage to be lawfully transported on any aircraft; or

• Any place where the carrying of firearms is prohibited by federal law.

Any person who willfully violates section 790.06(12) commits a misdemeanor of the second degree.  Id.

          Reciprocity

Under section 790.015, a resident of the United States who is a non-resident of Florida may carry a concealed weapon or concealed firearm while in Florida, provided that:

• The non-resident is 21 years of age or older, and has in her or his immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the non-resident in her or his state of residence; and 

• The non-resident’s state of residence honors Florida concealed weapon or concealed firearm licenses (a list of such states is posted on the Concealed Carry Reciprocity page of the Florida Department of Agriculture and Consumer Services, Division of Licensing).

          Brady Exemption

Concealed weapons permit holders in Florida are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

Any person who stores or leaves a loaded firearm on premises under his or her control, and knows or reasonably should know that a minor (person under age 16; see Fla. Stat. Ann. § 790.174(3)) is likely to gain access to the firearm without the lawful permission of the minor’s parent or person having charge of the minor, or without supervision required by law, must keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure, or secure the firearm with a trigger lock.  Section 790.174(1).  These requirements do not apply when the adult is carrying the firearm on his or her body or within such close proximity that he or she can retrieve and use the firearm as easily and quickly as if he or she carried it on his or her body.  Id.

If a person fails to store a firearm in the manner required under section 790.174(1), and the minor gains access to the firearm without the lawful permission of his or her parent or legal guardian and possesses or exhibits it in either: (1) a public place; or (2) in a rude, careless, angry or threatening manner (see § 790.10), the adult or legal guardian who owns the firearm is criminally liable for a second-degree misdemeanor. Section 790.174(2).

In addition, certain retail establishments that sell or transfer firearms are required to post warnings at each purchase counter and provide written warnings to firearms purchasers regarding the safe storage of firearms. Section 790.175. See also the Florida Dealer Regulations section.

Florida does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Florida Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Florida Background Checks section.

Under Florida Statutes Annotated § 790.065(1), a federally licensed importer, manufacturer, or dealer may not sell or deliver to another person any firearm from the inventory at his or her licensed premises, unless the other person is a licensed importer, manufacturer, dealer, or collector, until he or she has:

• Obtained a completed form from the potential buyer or transferee that includes the name, date of birth, gender, race, and social security or other identification number of the potential buyer or transferee, and inspected the potential buyer’s or transferee’s identification, which includes a photograph;

• Collected a fee from the potential buyer for processing his or her criminal history records check;

• Requested the Florida Department of Law Enforcement (“FDLE”) to conduct a criminal history records check, utilizing the Florida Crime Information Center and National Crime Information Center systems as of the date of the request; and

• Received a unique approval number for the criminal records inquiry from the FDLE, and recorded the approval number and date on the consent form.

If the person purchasing or receiving delivery of the firearm holds a valid concealed weapons or firearms license under Florida law (see § 790.06 and the Florida Carrying Firearms section), these background check and consent form requirements do not apply. Section 790.065(1).

Florida prohibits any dealer from selling or transferring any firearm to a minor under age 18. Section 790.18. Also, any person who knowingly or willfully sells or transfers a firearm to a minor under age 18 without the permission of the minor’s parent or guardian is criminally liable for a felony of the third degree. Section 790.17(2).

Pursuant to section 790.175(1), upon the retail sale or other transfer of any firearm, the transferor must deliver a written warning to the transferee stating, in block letters not less than 1/4 inch in height:

"IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND."

In addition, section 790.175(2) requires any retail or wholesale store, shop, or sales outlet which sells firearms to conspicuously post the following warning at each purchase counter, in block letters not less than one inch in height:

"IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND."

Licensed dealers must observe the mandatory three-day waiting period requirements (see the Florida Waiting Periods section), and must make available any records of handgun sales for inspection by any law enforcement agency during normal business hours.  Section 790.0655(1).  The three-day waiting period does not apply when a handgun is being purchased by a concealed weapons permit holder.  Section 790.0655(2)(a).

Under section 790.065(10), a licensed importer, manufacturer, or dealer is not required to comply with the background check requirements of section 790.065 in the event of:

• Unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of said premises; or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee; or

• Failure of the FDLE to comply with the requirements of section 790.065(2) and (3) pertaining to the review of criminal history records.

Federally Licensed Firearms Dealers

There are 1,725 federally licensed firearms dealers and pawnbrokers in Florida. Federal firearms licensee totals for Florida as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Florida does not explicitly regulate gun shows. Article VIII, § 5(b) of the Florida Constitution, however, permits each county to enact ordinances requiring criminal history records checks and three to five-day waiting periods in connection with the sale of any firearm occurring within the county ("sale" meaning the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access).

Florida Statutes Annotated § 790.33(2), which authorizes any county to adopt an ordinance requiring a waiting period of up to, but not exceeding, three working days, applies to "all sales of handguns to individuals by a retail establishment," but "retail establishment" does not include gun collector shows or exhibits, or gun shows.

Under Florida Statutes Annotated § 790.331(1), the Florida Legislature declares that:

[T]he manufacture, distribution, or sale of firearms and ammunition by manufacturers, distributors, or dealers duly licensed by the appropriate federal and state authorities is a lawful activity and is not unreasonably dangerous, and further finds that the unlawful use of firearms and ammunition, rather than their lawful manufacture, distribution, or sale, is the proximate cause of injuries arising from their unlawful use.

Section 790.331(2) prohibits any legal action against a firearms or ammunition manufacturer, distributor or dealer, or firearms trade association, on behalf of Florida or its agencies and instrumentalities, or on behalf of a county, municipality, special district, or any other political subdivision or agency of the state, for damages, abatement, or injunctive relief resulting from or arising out of the lawful design, marketing, distribution, or sale of firearms or ammunition to the public. Moreover, a county, municipality, special district, or other political subdivision or agency of the state may not sue for or recover from a firearms or ammunition manufacturer, distributor or dealer, or firearms trade association, damages, abatement, or injunctive relief in any case that arises out of or results from the lawful design, marketing, distribution, or sale of firearms or ammunition to the public. Section 790.331(3).

Section 790.331(2) does not prohibit a person from bringing an action against a firearms or ammunition manufacturer, distributor or dealer, or firearms trade association, for breach of a written contract, breach of an express warranty, or injuries resulting from a defect in the materials or workmanship in the manufacture of a firearm or ammunition. Furthermore, actions against a firearms or ammunition manufacturer, distributor, or dealer are permitted for:

• Breach of contract or warranty in connection with a firearm or ammunition purchased by a county, municipality, special district, or other political subdivision or agency of the state; or

• Injuries resulting from the malfunction of a firearm or ammunition due to a defect in design or manufacture.

Section 790.331(4).

Under section 790.331, the potential of a firearm or ammunition to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product, and a firearm or ammunition may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged legally or illegally.  Section 790.331(5).

For any civil actions brought in violation of the provisions of section 790.331, a defendant to such action may recover all resulting expenses from the governmental entity bringing such action.  In addition, where a court finds that a defendant is immune per section 790.331, the court shall award to the defendant all attorney’s fees, costs and compensation for loss of income, and expenses incurred as a result of such action.  Section 790.331(6).

Florida also provides that any sport shooting or training range shall be immune from lawsuits brought by the state and any of its agencies, special purpose districts, or political subdivisions for any claims associated with the use, release, placement, deposition, or accumulation of any projectile on or under that range, or any other property over which the range has a legal right of use, if the range owner or operator has made a good faith effort to comply with the appropriate environmental management practices. Section 790.333(5)(a); see also section 790.333(4). Nothing in this act is intended to impair or diminish the private property rights of owners of property adjoining a sport shooting or training range. Section 790.333(5)(b)

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Florida does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Florida’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. Ann. § 501.201 et seq For details, view the Center’s report, "Targeting Safety."

No relevant statutes currently exist.

No relevant statutes currently exist.

Any person who stores or leaves a loaded firearm on premises under his or her control, and knows or reasonably should know that a minor (person under age 16; see Fla. Stat. Ann. § 790.174(3)) is likely to gain access to the firearm without the lawful permission of the minor’s parent or person having charge of the minor, or without supervision required by law, must keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure, or secure the firearm with a trigger lock. Section 790.174(1).

For additional information, see the Florida Child Access Prevention section.

Florida Statutes Annotated § 790.22(3) provides that a minor (defined for purposes of the statute as under 18 years of age) may not possess a firearm, other than an unloaded firearm at his or her home, unless the minor:

• Is engaged in a lawful hunting activity and is at least age 16 or, if under age 16, is supervised by an adult;

• Is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity, and is at least age 16 or, if under age 16, is supervised by an adult who is acting with the consent of the minor’s parent or guardian; or

• Transporting an unloaded firearm directly to or from one of the aforementioned events.

Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of section 790.22(3) is criminally liable for a felony of the third degree.  Section 790.22(4)(a).  The parent or guardian may be required to participate in classes on parenting education or provide community service with the child as part of any penalty.  Section 790.22(4)(b).  For other child safety measures, see the Florida Child Access Prevention section.

Any person who knowingly or willfully sells or transfers a firearm to a minor without the permission of the minor's parent or guardian is criminally liable for a felony of the third degree. Section 790.17(2).

No relevant statutes currently exist.

No relevant statutes currently exist.

Although state law does not require private sellers to conduct background checks when selling firearms, the Florida Constitution permits counties to adopt regulations that would require such background checks for sales occurring in or on "property to which the public has the right of access" within the county. Pursuant to Article VIII, § 5(b) of the Florida Constitution, "[e]ach county shall have the authority to require a criminal history records check…in connection with the sale of any firearm occurring within such county." The term "sale" under this section "means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access." Id. Holders of concealed weapons permits are not subject to such regulations. Id.

However, even where private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Florida, federal and state purchaser prohibitions still apply. See the Florida Background Checks section.

Florida Statutes Annotated § 790.335 prohibits the knowing or willful keeping of any list, record or registry of privately owned firearms or their owners. Exceptions include:

• Records of firearms that have been used in committing any crime;

• Records relating to any person who has been convicted of a crime;

• Records of stolen firearms that are retained for no more than 10 days after such firearms are recovered. Official documentation recording the theft of a recovered weapon may be maintained for no more than three years;

• Firearm records that must be retained under federal law;

• Records kept pursuant to the firearms dealer recordkeeping provisions of section 790.065;

• Firearm records required by chapters 538 and 539 regarding "secondhand dealers" (any persons, corporations, or other business organizations or entities which are not secondary metals recyclers and which are engaged in the business of purchasing, consigning, or trading secondhand goods, per § 538.03(1)(a)) and pawnbrokers; electronic records required under state law may only be kept by the secondhand dealer or pawnbroker for 30 days from the date of purchase or the expiration of the loan, and law enforcement must destroy their records within 60 days of receipt.);

• Records maintained pursuant to section 790.06 (licenses to carry concealed firearms) by the Department of Agriculture and Consumer Services of a person who was a licensee within the prior 2 years;

• Records of firearms (and "paper documents relating to firearms") involved in criminal or civil proceedings, or that are voluntary surrendered; and

• Non-criminal records relating to the receipt, storage or return of firearms.

Id.

For a complete list of exceptions, see section 790.335(3).

Florida law imposes a mandatory three-day waiting period, excluding weekends and legal holidays, between the retail purchase and delivery of any handgun. Fla. Const. art. I, § 8(b); Fla. Stat. Ann. § 790.0655(1). This waiting period does not apply to concealed weapons permit holders or to any "trade-in of another handgun." Fla. Const. art. I, § 8(b); section 790.0655(2).

Counties are authorized to enact three to five-day waiting periods, excluding weekends and legal holidays, in connection with the sale of any firearm occurring in or on "property to which the public has the right of access" within the county. Fla. Const. art. VIII, § 5(b). "Sale" under this provision means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Id. This provision is directed at gun shows and other events open to the public outside of retail firearms establishments. Concealed weapons permit holders are not subject to such waiting periods when purchasing a firearm. Id.

Section 790.33(2) provides, as a limited exception to Florida’s local preemption law, that any county may adopt an ordinance requiring a waiting period of up to, but not exceeding, three working days between the purchase and delivery of a handgun.  Ordinances authorized by section 790.33(2) generally apply to all retail handgun sales to individuals, but the statute specifically excludes gun collector shows or exhibits, and gun shows.  Certain individuals – including those licensed to carry concealed firearms, those who already lawfully own another firearm and who show a sales receipt for that firearm, those who are known to own another firearm through a prior purchase from the retail establishment, those who have another firearm for trade-in, and those who have been threatened or whose family has been threatened with death or bodily injury (provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement) – are “exempt from any waiting period.”  Id.