Do You Have to Be a Resident to Buy a Gun in Florida?

You don’t have to be a Florida resident to buy a gun in Florida, but what you can walk out with depends entirely on the type of firearm. A licensed Florida dealer can sell a rifle or shotgun to an out-of-state buyer in person. A handgun is a different story: federal law prohibits any licensed dealer from selling a handgun to someone who lives in a different state, with no exceptions.¹

Long Guns Yes, Handguns No

The rifle-shotgun-versus-handgun split drives the whole process. A Florida dealer can sell you a long gun as a non-resident on two conditions: you meet the dealer in person at the shop, and the sale complies with the laws of both Florida and your home state.¹ That second condition matters more than people expect. If your home state bans a particular rifle configuration or requires a permit for long gun purchases, the Florida dealer has to honor those rules.

Handguns cannot be transferred over the counter to a non-resident under any circumstances. If you spot a pistol you want at a Miami shop and you live in Georgia, the dealer can sell it, but not to you directly. It has to ship.

How the Long Gun Purchase Works

The transaction happens entirely at the dealer’s premises. Bring a valid government-issued photo ID from your home state showing your name, date of birth, and current address. You’ll complete ATF Form 4473, which asks a battery of eligibility questions covering criminal history, drug use, mental health, and immigration status. Lying on that form is a separate federal offense.

The dealer then contacts the Florida Department of Law Enforcement to run your background check. Florida is a point-of-contact state, so FDLE handles the check rather than sending it straight to the FBI system, and searches both federal and state criminal records.² The dealer collects a processing fee that by statute cannot exceed $8.³

A cleared background check doesn’t mean you leave with the gun. Florida requires a three-day waiting period before the dealer can release any firearm, and that changes the trip planning for anyone who drove down for the day.

The Handgun Workaround: FFL Transfer

If you want a handgun that’s sitting in a Florida shop, the path runs through your home state. The Florida dealer ships the handgun to a federally licensed dealer near where you live. You complete the purchase there, your home-state dealer runs its own background check, and your state’s laws govern the transaction. This is the only legal way for a non-resident to acquire a handgun located in Florida.

The receiving dealer in your home state will charge a transfer fee, set by that shop rather than by law. Budget for the transfer fee, shipping, and whatever background check fee your state adds on top of the purchase price.

When a Part-Time Floridian Counts as a Resident

Snowbirds and dual-home owners don’t automatically have to route handguns back to their other state. Federal regulations define your state of residence as the state where you’re currently living with the intent to make a home there. The ATF has said directly that a person with homes in two states is considered a resident of whichever state they’re actually living in at the time of purchase.⁴

Intent is the pivot. Owning a vacation condo you visit two weeks a year won’t establish residency. Spending winters in Florida and genuinely living there for that stretch can.⁴

You’ll need to prove it to the dealer. Simplest is a Florida driver’s license or state ID showing your Florida address. If your primary ID shows another state, pair a government-issued photo ID with a supporting document tied to your Florida address: vehicle registration, voter registration card, or property tax bill. Active-duty military stationed in Florida can use a military ID plus permanent change of station orders.²

The Three-Day Waiting Period

Florida’s waiting period applies to every firearm purchase from a licensed dealer, regardless of firearm type or residency.⁵ The wait is three business days or however long the background check takes, whichever is longer. Weekends and state holidays don’t count toward the three days. A dealer who releases a firearm before both conditions are met commits a third-degree felony.

For a non-resident who drove down for the day, that means a return trip. Two exemptions can eliminate the wait:

A valid Florida concealed weapon or firearm license. Florida issues these to non-residents through the Department of Agriculture and Consumer Services, which makes the exemption reachable for frequent visitors.⁵
A hunter safety certification card from a course of at least 16 hours, or a Florida hunting license held by someone exempt from the course requirement. This exemption covers rifle and shotgun purchases only.

A concealed carry permit from another state does not qualify. The statute requires a license issued under Florida law.

You Must Be 21

Florida raised its minimum purchase age to 21 for all firearms in 2018, and the rule applies regardless of residency.² That’s stricter than federal law, which sets 18 as the floor for long gun purchases from a licensed dealer. Both handguns and long guns are covered.

The narrow exception is for law enforcement officers, correctional officers, and active service members, who can buy a rifle or shotgun at 18.² It doesn’t extend to handguns.

Private Sales Won’t Get You Around the Rules

Buying from a private individual isn’t a workaround. Federal law prohibits any private seller from transferring a firearm to someone who lives in a different state, and it doesn’t matter whether it’s a handgun, rifle, or shotgun.⁶ Sales, gifts, trades, and even loans are all covered.

A private seller at a Florida gun show who hands a rifle to a buyer from Alabama has committed a federal crime, even though a licensed dealer at the same show could have made that sale legally. The only lawful path for a private seller to move a firearm to an out-of-state buyer is to ship it to a licensed dealer in the buyer’s home state.⁶

Two Traps That Catch Out-of-State Buyers

Asking a Florida Friend to Buy for You

A straw purchase is when an eligible person buys a firearm on behalf of someone who can’t legally buy one themselves. Non-residents sometimes ask a Florida friend to buy a handgun for them to skip the interstate transfer. That’s a textbook straw purchase and a federal felony carrying up to 15 years in prison and a $250,000 fine. If the firearm is later used in a felony, terrorism offense, or drug trafficking, the maximum climbs to 25 years.⁷

Medical Marijuana Cards

Marijuana is still a Schedule I controlled substance under federal law, and the ATF treats anyone who uses it as an unlawful user of a controlled substance who cannot legally buy or possess firearms, even where a state has legalized medical or recreational use. The ATF’s position is that a dealer who knows a buyer holds a state medical marijuana card has reasonable cause to believe the buyer is prohibited and must refuse the sale.⁸ Question 21.g on Form 4473 asks about it directly, and a “yes” answer ends the sale.

Taking Your Purchase Home

Federal law gives you a safe-passage protection for driving a firearm across state lines: you can carry it through any state as long as you can legally possess it at both your starting point and your destination. During transport, the firearm has to be unloaded, and neither the gun nor any ammunition can be within reach of the passenger compartment.⁹ If your vehicle has no separate trunk, the firearm goes in a locked container, and the glove compartment and center console don’t count.

Flying home involves a different set of rules. TSA requires firearms to be unloaded and locked in a hard-sided container in checked baggage only. You must declare the firearm at the airline ticket counter during check-in. Ammunition can go in the same locked case, but loaded magazines have to be secured in a box or the hard case. Nothing goes in a carry-on.¹⁰

1
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
2
Florida Department of Law Enforcement. Requirements to Purchase a Firearm
3
The Florida Legislature. Florida Code 790.065 – Sale and Delivery of Firearms
4
Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Guidance on State of Residence Definition for Firearm Purchases
5
Florida Senate. Florida Code Title XLVI Chapter 790 Section 790.0655 – Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties
6
Bureau of Alcohol, Tobacco, Firearms and Explosives. Best Practices: Transfers of Firearms by Private Sellers
7
Bureau of Alcohol, Tobacco, Firearms and Explosives. Don’t Lie for the Other Guy
8
Bureau of Alcohol, Tobacco, Firearms and Explosives. Open Letter to All Federal Firearms Licensees Regarding Use of Marijuana for Medicinal Purposes
9
Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
10
Transportation Security Administration. Firearms and Ammunition