Florida requires a background check for gun sales from licensed dealers. Private or non-dealer gun sales generally do not require background checks.
We say “generally” because there are exceptions. Florida counties can impose background check requirements under specific conditions.
You can consult our overview of Florida gun laws for notes about the state’s legislation. Alternatively, keep reading to learn more about background checks for gun buyers here.
Overview of Background Checks in Florida
Are They Required?
The State of Florida doesn’t require background checks on gun buyers.
However, individual counties within Florida may require them if the sale is
- Between private parties, and
- Taking place on property to which the public has right of access.
So, some counties may require the checks for private gun sales taking place in public places (Fla. Const. art. VIII, § 5(b)).
Otherwise, they’re only required for people buying guns from federally licensed dealers. These dealers always follow the federal law, which mandates a check.
Eligibility
To pass a gun buyer background check in Florida, you have to be at least 21 years old and not be on the state and federal prohibited persons lists.
Timeframe
Background checks for firearm purchases take anywhere from a few minutes to several days. Most take only 3 days at most.
Appeal Process
If your gun purchase is denied by a background check, follow this appeal process:
- Request the reason for the denial from the FBI at www.fbi.gov/nics-appeals and include this information:
- Your complete name
- Your complete mailing address
- Your NICS Transaction Number or State Transaction Number
- Wait for the Appeal Services Team to reply with the reason for your denial within 5 business days.
- Challenge the cause of the denial with relevant proof.
How to Challenge the Cause of a Denial
There are generally two causes for denial:
- An old or incorrect record showing that you’re disqualified from gun ownership.
- A mistaken identity.
If the cause is a record, provide official documentation to correct or update the record. Government or court documents countering it are examples.
If the cause is a mistaken identity, provide added proof of identity. For example, you can provide fingerprint impressions from law enforcement.