Can a Non-Resident Buy a Gun in Florida? Handguns vs. Rifles

A non-resident can buy a gun in Florida, but what you can take home depends on the type of firearm. Federal law lets a licensed Florida dealer sell a rifle or shotgun to an out-of-state buyer in person, provided the sale also complies with the buyer’s home-state laws.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A handgun is different: the Florida dealer cannot hand it to you, and must ship it to a licensed dealer in your home state for pickup. Every buyer in Florida, resident or not, has to be at least 21.

The Age Rule Applies to Everyone

After the 2018 Marjory Stoneman Douglas High School shooting, Florida raised the minimum purchase age to 21 for every type of firearm, rifles and shotguns included. That law is still in effect. A bill to lower the age back to 18 passed the Florida House in early 2025 but had not become law as of this writing. Until something changes, a 20-year-old cannot buy a firearm from a licensed Florida dealer, regardless of where they live.

Buying a Rifle or Shotgun From Out of State

Long guns are the straightforward case. Federal law permits a licensed dealer to sell a rifle or shotgun to a resident of another state as long as the buyer appears in person and the sale complies with the laws of both Florida and the buyer’s home state.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The home-state piece matters. If your state bans a specific rifle configuration or requires a permit before purchase, the Florida dealer cannot legally complete the sale unless those conditions are satisfied.

Dealers who see out-of-state customers regularly tend to know the major restrictions in nearby states, but the responsibility to comply on both ends sits with you. Once the sale clears, you take possession of the long gun directly from the Florida dealer after the background check and waiting period.

Buying a Handgun From Out of State

Handguns work differently. A Florida dealer cannot deliver a handgun to a buyer who lives in another state. Federal law flatly prohibits it.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts You can still start the purchase in Florida, but the gun has to be shipped to a licensed dealer in your home state. You then complete a second background check there and any additional paperwork your state requires before taking possession.

Plan for the added time and cost. The Florida dealer charges for shipping, and the receiving dealer in your home state charges a transfer fee, commonly $25 to $75 depending on the shop. If you were hoping to walk out of a Florida gun store with a handgun on the same trip, that is not going to happen unless you fall into the seasonal-resident category below.

If You Own a Home in Florida Part of the Year

Federal regulations define your state of residence as whichever state you are living in with the intention of making it your home. Someone with a house in Ohio and a condo in Florida counts as a Florida resident while actually residing in Florida, and an Ohio resident while living in Ohio.2ATF eRegulations. 478.11 Meaning of Terms

While you are residing at your Florida home, you can buy a handgun directly from a Florida dealer without the ship-to-home-state step. You will need identification showing your Florida address. Vacationing or passing through does not qualify. The test is whether you are actually living at your Florida home during that period.

Non-Citizen Buyers

Lawful permanent residents living in Florida are treated essentially the same as U.S. citizens. The federal prohibition on non-immigrant aliens does not reach green card holders, whose status is immigrant rather than non-immigrant.3FBI. NICS FFL Tip Sheet for Non-US Citizens Purchasing Firearms A permanent resident can buy any firearm a citizen could, including handguns, and needs to present the Permanent Resident Card and alien number along with the usual ATF Form 4473 and background check.

Non-immigrant visa holders (tourists, most students, and others) face a federal prohibition on buying or possessing firearms.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The exceptions are narrow. The most commonly used one is holding a valid hunting license issued by any U.S. state. Others cover foreign government representatives on official duty and people admitted specifically for lawful sporting purposes.

If you qualify under an exception, documentation requirements are heavier. You will need your passport, visa, I-94 arrival record, and proof of the exception, such as a physical copy of a valid hunting license.4FBI UCR NICS. An FFL Tip Sheet for Processing NICS Checks for Non-U.S. Citizens/Aliens An older federal rule required non-immigrant aliens to prove 90 days of continuous state residency before a purchase, but that requirement was eliminated in 2012. Non-immigrant aliens are now subject to the same residency standards as U.S. citizens.5Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Residency Requirements for Aliens Acquiring Firearms – Interim Final Rule

Background Check and Waiting Period

Every purchase from a licensed dealer in Florida requires completing ATF Form 4473, which asks about your identity, residency, and eligibility.4FBI UCR NICS. An FFL Tip Sheet for Processing NICS Checks for Non-U.S. Citizens/Aliens The dealer submits your information for a background check that screens for disqualifying factors like felony convictions, active domestic violence injunctions, or dishonorable military discharge.6Federal Bureau of Investigation. About NICS

Florida imposes a mandatory waiting period of three business days between purchase and delivery, and weekends and legal holidays do not count. If the background check takes longer than three days, you wait until it clears, whichever comes later.7Florida Senate. Florida Statutes 790.0655 – Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties For a non-resident on a short trip, this is often the biggest practical obstacle. Plan accordingly.

Some buyers skip the waiting period:

  • Holders of a Florida concealed weapons or firearms license, along with law enforcement officers, correctional officers, and active-duty servicemembers.
  • Buyers of a rifle or shotgun who have completed at least a 16-hour hunter safety course and hold the certification card. Hunters exempt from the course requirement who hold a valid Florida hunting license also qualify.

A non-resident with a concealed carry permit from their home state should not assume the exemption applies. The Florida statute references a Florida concealed weapons license and the specific categories it defines, so whether an out-of-state permit counts depends on how the dealer reads the law.7Florida Senate. Florida Statutes 790.0655 – Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties

Don’t Try to Work Around the Handgun Rule

Non-residents who find the handgun transfer process inconvenient sometimes think about asking a Florida-resident friend to buy the gun for them. Don’t. Federal law makes straw purchasing a standalone felony punishable by up to 15 years in prison, and up to 25 years if the firearm is intended for use in a felony, terrorism, or drug trafficking.8Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms ATF Form 4473 asks directly whether you are the actual buyer, and a false answer is a separate federal offense carrying up to 10 years.

Buying privately from an individual instead of a dealer is not a workaround either. Federal law prohibits a private person from selling or giving a firearm to someone they know or have reason to believe lives in a different state, with narrow exceptions for inheritance and temporary loans for lawful sporting purposes. Any other interstate private transfer has to go through a licensed dealer.9Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts

Getting the Firearm Home

Once you have completed a lawful purchase, federal law provides a safe-passage protection for transporting the firearm through states where you might not otherwise be allowed to carry it. The firearm has to be unloaded and stored where it is not readily accessible from the passenger compartment. In a vehicle without a separate trunk, it must be in a locked container other than the glove box or center console.10Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms The protection only applies if you can legally possess the firearm at both your starting point and your destination. If your home state bans the type of firearm you bought, federal transport protection does not help you.

Flying home, TSA requires firearms to be unloaded, packed in a locked hard-sided case, and declared to the airline at check-in. Ammunition must be in its original packaging or a container designed for it. Airlines may add restrictions or fees, so confirm with yours before you get to the airport.11Transportation Security Administration. Transporting Firearms and Ammunition