Eligibility Requirements for Gun Ownership
Florida observes the federal disqualifiers for gun ownership. These include prohibitions against fugitives from justice and illegal aliens, and can be found on the ATF’s website.
Florida also has its own (state-level) disqualifiers for gun owners:
- Felony convicts
- Convicts of delinquent acts that would be felonies for adults
- Subjects to restraining orders that are currently in force to prevent domestic violence
- Violent career criminals as defined by Fla. Stat § 775.084 (1)(d)
- Adjudicated mental defectives or those committed to mental institutions
- Subjects of risk protection orders that are currently in force
Age Requirements for Gun Ownership and Purchase
Age is another consideration. For gun sales from licensed dealers, the minimum age to buy (not own!) guns in Florida is 21.
For private gun sales, it depends on the type of gun. The minimum age for handgun buyers is 21 but the minimum age for long gun buyers is 18.
That’s for purchases. The rules for possession are different because you can own a gun without buying it, say as a gift or inheritance.
In Florida, people 18 and above can possess guns. People under 18 can only possess guns in certain situations:
- If the gun is unloaded and in their home.
- If the person is in a lawful hunting activity and, if younger than 16, under adult supervision.
- If the person is in a lawful marksmanship competition, practice, or similar activity and, if younger than 16, under adult supervision.
- If the person is bringing an unloaded gun to or from the above events.
Background Check Process
Private gun sales don’t need background checks in Florida. Background checks are only required for gun sales from federally licensed dealers.
When needed, the checks are conducted through the FBI’s National Instant Criminal Background Check System (NICS) and Florida Department of Law Enforcement.
How to Sell a Gun in Florida
It’s legal to sell guns both to licensed dealers and private persons in Florida. Private persons are people who aren’t licensed gun dealers.
If selling guns to private persons, however, be sure to follow the other laws in this article. These include the eligibility and age requirements for gun ownership that were described earlier.
As such, you can’t legally sell a gun to people known to be convicted felons. You can get further details for this in our guide for how to sell a gun in Florida.
Types of Firearms Regulated in Florida
The only firearms Florida regulates are bump-fire stocks due to Fla. Stat. § 790.222.
Other than that, federal regulations like those in the National Firearms Act apply.
Open Carry Regulations
Open carry is generally prohibited in Florida. Fla. Stat. § 790.25 makes exceptions for the following people, however:
- Law enforcement
- Military members
- Other government officials
- Weapons manufacturers
- People at lawful target practice
- People engaged in fishing, camping, or lawful hunting
- People going to or from a fishing, camping, or lawful hunting trip
Concealed Carry Laws
Permitless concealed carry is allowed in Florida. HB 543 allows permitless concealed carry as long as the person also has identification.
However, permitless concealed carry is still prohibited in some areas, including these:
- Police stations
- Courthouses
- Detention facilities
- Polling places
- Educational facilities
- Establishments primarily serving alcoholic beverages
Florida CCW Reciprocity
Florida concealed carry permits are recognized by 36 other states due to reciprocity.
The degrees of recognition vary by state. For instance, Alaska recognizes it with no added conditions. On the other hand, Wisconsin won’t recognize it if it’s a non-resident permit.
Firearm Registration Guidelines
Florida doesn’t require gun registration. In fact, Fla. Stat. § 790.335 prohibits the creation of a gun registry.
Red Flag Laws
Fla. Stat. § 790.401 gives police the ability to confiscate guns from persons with judicial approval. The person has to be deemed a danger to themselves or others, however.
Florida Gun Laws in Car
Fla. Stat. § 790.25 (4) makes it lawful to have guns in a private car in these conditions:
- Handguns should be securely encased or not readily accessible.
- Long guns may be carried anywhere in private vehicles.
Florida Gun Storage Laws
Fla. Stat. § 790.174 requires safe storage of guns for loaded firearms in premises where a minor is likely to gain access to the guns.
These are the options:
- Keep the firearm in a securely locked box or container.
- Keep it in a place a reasonable person would believe to be scure.
- Secure it with a trigger lock.
The law also provides for exceptions:
- When the gun is on the adult owner’s person.
- When the gun is close enough to be retrieved as easily as if it were on the adult owner’s person.
Florida Self Defense Laws
Florida has a Stand Your Ground law for self-defense. This applies to cases where the individual meets certain requirements, such as being:
- Lawfully in a location, and
- Having a reasonable fear of imminent harm from someone else.
Recent Legislative Changes in Florida Gun Laws
The most recent legislative change to Florida’s gun laws was HB 543. It legalized permitless concealed carry and came into effect on July 1, 2023.