Do You Need a Background Check to Buy a Gun in Florida?

Yes. To buy a gun in Florida from a licensed dealer, you go through a background check run by the Florida Department of Law Enforcement before the firearm can change hands. The rule applies to handguns, rifles, and shotguns alike. Two things carve out of it: private sales between individuals who are not licensed dealers, and purchases by holders of a valid Florida Concealed Weapon or Firearm License. Even after the check clears, a three-day waiting period generally applies before you can take the gun home.

How the Dealer Background Check Works

When you buy from a Federally Licensed Firearm Dealer, the dealer contacts FDLE’s Firearm Purchase Program, which checks both state criminal databases and the FBI’s National Crime Information Center.¹

Before that call, you fill out ATF Form 4473, a federal questionnaire covering your identity, criminal history, citizenship, drug use, and mental health history. You need a valid government-issued photo ID. The dealer collects a processing fee for the check, which Florida law caps at $8 per transaction.²

FDLE returns one of three results: approved, non-approved, or decision pending. About 98% of transactions resolve within minutes. A non-approval means you are legally prohibited from completing the purchase. A pending decision means FDLE analysts need more time to research your record and will work the file until they can issue a final decision.³

Who the Check Will Flag

Florida’s background check screens for disqualifying factors under both state and federal law. Under Florida Statute 790.065, FDLE specifically checks whether you:

Have a felony conviction, which triggers Florida’s felon-in-possession prohibition
Were convicted of a misdemeanor crime of domestic violence
Had adjudication withheld on any felony or misdemeanor domestic violence charge, unless three years have passed since you completed all court-ordered conditions or the record was expunged
Were adjudicated mentally defective or committed to a mental institution by a court

Federal law under 18 U.S.C. § 922(g) adds more categories. You are prohibited if you are a fugitive from justice, an unlawful user of or addicted to a controlled substance, in the United States unlawfully or on a nonimmigrant visa (with narrow exceptions), dishonorably discharged from the Armed Forces, have renounced your U.S. citizenship, or are subject to a qualifying domestic violence restraining order.⁴

The “adjudication withheld” category trips up a lot of buyers. In many states, a withheld adjudication means no conviction. In Florida, it still blocks your firearm purchase for three years after you complete all court conditions. If you had a felony charge resolved with a withheld adjudication and assumed you were in the clear, that three-year clock matters.²

Florida’s risk protection order law is a separate route to disqualification. A court can issue an order barring you from purchasing or possessing firearms for up to 12 months (renewable) on clear and convincing evidence that you pose a significant danger, even without a criminal conviction.⁵

Minimum Age

You must be at least 21 to purchase any firearm in Florida, whether a handgun, rifle, or shotgun. A dealer who sells to someone under 21 commits a third-degree felony. The only exceptions are for active law enforcement officers, correctional officers, and military servicemembers buying a rifle or shotgun.⁶

Private Sales: The One Exception

Florida’s background check requirement applies only to sales by licensed dealers. When two private individuals complete a firearm transaction and neither is a licensed dealer, no background check is required under state law. Federal law likewise does not impose a check on private intrastate sales. The exception applies the same way whether the sale is arranged online, at a gun show, or in person.

There is still a legal floor. Federal law makes it a crime to sell or transfer a firearm to anyone you know or have reasonable cause to believe is a prohibited person, and that applies to every seller, licensed or not.⁴ Some private sellers voluntarily route the transaction through a licensed dealer so a background check runs anyway; the dealer charges a transfer fee, typically $30 to $75 in Florida.

Buying on behalf of someone who cannot legally buy for themselves is a straw purchase, and it is a federal crime under 18 U.S.C. § 932 carrying up to 15 years in prison and a $250,000 fine. Lying on Form 4473 about the actual buyer triggers that scrutiny on its own.⁷

Concealed Carry License Holders Are Exempt

If you hold a valid Florida Concealed Weapon or Firearm License, the background check requirement at a licensed dealer does not apply to you under the statute.² CWFL holders are also exempt from the mandatory waiting period.⁸

The same exemptions extend to active law enforcement officers, correctional officers, correctional probation officers, and military servicemembers. At the federal level, a Florida CWFL qualifies as an alternative to the FBI’s NICS check under the Brady Act, provided the license was issued within the past five years and the issuing state ran a background check before granting it.⁹

One practical caveat: dealers are not required to accept a qualifying permit in place of a background check. Some run the FDLE check on every transaction as a matter of store policy. Do not be surprised if a dealer runs the check even though the law does not require it.⁹

The Three-Day Waiting Period

Passing the check does not mean you walk out with the gun. Florida imposes a three-day waiting period between purchase and delivery of any firearm, and weekends and legal holidays do not count toward those three days.⁸ Buy on Friday afternoon and the clock does not start ticking until Monday.

Counties and cities have authority to extend the waiting period to as many as five days by local ordinance, so the wait can be longer depending on where you buy.¹⁰

Violating the waiting period is a third-degree felony, both for the dealer who hands over the gun early and for the buyer who obtains it through fraud or misrepresentation.⁸

If Your Background Check Comes Back Denied

You have the right to challenge a non-approval. Submit a written appeal to FDLE’s Firearm Purchase Program within 30 days of the denial. Include your full name, date of birth, Social Security number, the transaction number the dealer gave you, and any documentation that supports your case: court records showing a charge was dismissed, proof that court-ordered conditions were completed, or evidence of mistaken identity.

FDLE has 30 working days to review a complete appeal and issue a written response, though the timeline can stretch if the agency needs additional records. Getting denied because of an old charge that was dropped or a records error happens more often than most buyers expect, so keep paperwork from any prior court proceedings accessible.

Non-U.S. Citizens

Your status matters. A lawful permanent resident with a green card follows the same purchase process as a U.S. citizen. A nonimmigrant alien admitted on a visa is generally prohibited under 18 U.S.C. § 922(g)(5), with limited exceptions such as holders of valid hunting licenses.⁴ A nonimmigrant alien who has established residency in Florida can purchase from a licensed dealer if the sale complies with all applicable federal and state laws; a nonimmigrant without residency in any state cannot buy and take possession of a firearm domestically at all.¹¹

1
Florida Department of Law Enforcement. Firearm Purchase Process
2
Florida Senate. Florida Code 790.065 – Sale and Delivery of Firearms
3
Florida Department of Law Enforcement. Firearm Transaction Decisions
4
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
Online Sunshine. Florida Statutes Section 790.401
6
Online Sunshine. Florida Statutes Section 790.065
7
Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms
8
Online Sunshine. Florida Statutes Section 790.0655
9
Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart
10
Florida Department of Law Enforcement. Requirements to Purchase a Firearm
11
Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Questions and Answers