This article was co-authored by Bryan Villella. Bryan Villella is the Lead Firearms Instructor and Owner of Don't Be A Sitting Duck in Kissimmee, Florida. Bryan has nine years of professional experience and is an NRA and Florida State Certified “K” Instructor. He leads certified training courses necessary to get licensed through the state to work in the private security field. He prioritizes safety and building comfortable environments for people to learn skills safely.
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With only a background check (and, for hand guns, a 72-hour waiting period) required to purchase firearms, the state of Florida has relatively lax gun restrictions compared to many other U.S. states. Despite this, the process of legally buying a gun can require some explanation, especially to someone who has never done so before. In addition, since the laws surrounding open and concealed carry are somewhat more complex, it's important to understand these laws before purchasing a gun in the state.
Steps
Getting a Concealed Weapon License
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1Understand the purpose of a concealed weapon license. In Florida, most forms of open carry (that is, openly brandishing or displaying your firearm in public) are illegal unless the gun owner is participating in certain legal activities (like target shooting, performing military/police work, and so on). To be able to carry a gun on one's person for personal protection, it's necessary to have a concealed weapon license. Carrying a concealed gun without this license is a crime that can potentially result in a felony.
- Note that, in Florida, the concealed weapon license also certifies you to carry certain other weapons besides guns, including knives, billy clubs, tear gas guns, and other weapons.[1]
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2Determine whether you meet the eligibility requirements. Florida's Concealed Weapon License has requirements that are slightly more restrictive than those to simply purchase a firearm. The main requirements are:[2]
- You must be 21 years old.
- You must be able to demonstrate competency with your firearm.
- Except in certain cases (such as if you are a member of the armed forces), you must be able to prove that you reside in the United States.
- You must not have certain crimes or demerits on your official record, including but not limited to: felony convictions, two DUIs in the last three years, a violent misdemeanor conviction in the last three years, evidence of substance abuse, dishonorable discharge from the armed forces, evidence of domestic violence.
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3Demonstrate proficiency with your weapon. The biggest difference between the requirements for buying a Handgun and those for obtaining a concealed weapon license is that the applicant must provide proof of competency with their weapon. There are a number of officially-recognized ways to prove this, including:
- Completing a state hunter education course
- Completing a National Rifle Association training course
- Completing a firearms safety course by any certified law enforcement agency or educational organization
- Completing a firearms safety course as part of job training (e.g., for police and security work)
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4Submit your application. The application for the concealed weapon license can be viewed and downloaded from the official website of the Florida Department of Agriculture. The application can be completed at home and mailed in with all required documentation or via an in-person appointment at one of eight regional offices located throughout Florida — the addresses of these offices are also available online.[3]
- In addition to your completed application, you must also include a color photograph and a legible record of your fingerprints (submitted electronically via your local law enforcement agency).[4]
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5Include payment for your license. Don't forget to include a payment of $112 for first-time applicants ($70 for processing the application, $42 for processing the fingerprints) with your application. License renewal is $60 and replacement/duplicate licenses are $15.
- Note that several exceptions to this fee structure exist: for instance, if you have already submitted your fingerprints electronically, you don't need to pay the $42 fee, and if you are a consular security official, you will be subjected to additional fees — consult the official application fee instructions for more information.[5]
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6Wait for approval. Once you've completed and submitted your application, all you need to do is wait! Your application will be reviewed by the state licensing agency, and, if it is approve, you will receive your license shortly. While you wait, you may want to use the official Florida licensing website to monitor your progress online.[6]
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7Know where concealed carry is illegal. Once you receive your concealed carry license, you are legally allowed to carry your firearm with you for personal protection purposes in Florida and are not required to disclose this information. Note, however, that there are certain places where it is illegal to bring a firearm even if you have a valid concealed weapon permit. These include:[7]
- Courtrooms
- School campuses
- Police stations
- Polling places
- Most government buildings
- Airports
- Any place where federal law prohibits guns
Buying a Long Gun
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1Verify that you meet Florida's criteria for buying a long gun. Like buying alcohol, smoking tobacco, voting, or driving a car, purchasing a long gun (a long-barreled gun braced against the shoulder, like a shotgun, rifle, etc.) is legally off-limits to certain categories of people in the state of Florida. While most law-abiding adults will have no problem meeting these qualifications, if you don't, you can't legally purchase a gun — no exceptions. The basic requirements are:
- You must be at least 21 years of age.
- You must not be a convicted felon.
- You must not have a history of mental illness.[8]
- You must not have a record of domestic violence.[9]
- You must not abuse drugs or alcohol.
- Note, however, that it is legal to possess and use a gun from age 16 onward (and at younger ages with adult supervision) for certain legal activities (hunting, target shooting, etc.).
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2Visit a federally-licensed dealer to buy the gun. The state of Florida does not require firearms dealers to carry a state license. However, the federal Bureau of Alcohol, Tobacco, and Firearms (ATF) still requires gun sellers to obtain a federal-level license.[10]
- Refer to a Florida city phone book or, alternatively, perform an internet search to locate a firearms dealer in your area.
- Don't forget to bring current, valid identification (such as your Florida driver's license) with you to the firearms dealer to prove your age and identity. The name and address on your identification must be current.
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3Complete the background check form. After selecting the gun you want to buy, the firearms dealer will provide you with a form to complete that they will then use in conducting the background check with the Florida Department of Law Enforcement. This part of the process is required for every purchase — you can buy as many guns as you wish at once, but each time you make a new purchase, you'll need to complete another background check form.
- The background check form will ask you to provide basic personal information including your name, date of birth, contact information, and more.
- Note that possession of a concealed weapons permit from Florida or any other state does not exempt you from the background check.
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4Wait for the firearms dealer to complete the background check. After receiving the completed form, the dealer will call the Florida Department of Law Enforcement to receive an instant background check based on the information you provided. If you pass this check (in other words, if your official records don't contain evidence of mental illness, domestic violence, felony convictions, etc.), you will be approved and you may purchase your gun.
- Note that some firearms dealers may require you to pay an eight dollar fee for the background check.
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5Wait 72 hours to receive your gun. Florida is one of ten states that imposes waiting periods on people who wish to buy guns. After the completion of a background check, the purchaser must wait three days (72 hours) to be able to receive their gun. This law is designed to prevent impulsive acts of violence like suicide and murder by giving potential perpetrators a chance to "cool down" before they get potentially lethal firepower.[11]
Buying a Handgun
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1Be 21 years old in addition to the long gun criteria. In Florida, the process of purchasing a Handgun is slightly more regulated than the process of purchasing a long gun. In addition to meeting all the restrictive criteria for buying a long gun, a person who wants to purchase a Handgun must also be 21 years old — not 18.
- Technically, a Handgun is a firearm designed to be held and fired with one or both hands (not against the shoulder like a rifle). This includes most semiautomatic pistols and revolvers.
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2Buy your gun through a licensed dealer as normal. Just as with long guns, the State of Florida doesn't require any sort of special license or permit to sell hand guns commercially. However, the same federal licensing rules apply as with long guns, so only purchase from dealers that are licensed by the ATF.
- Additionally, hand guns require the same background check as with long guns. This is true regardless of whether the purchaser has a concealed license permit from Florida or any other state.
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3Wait 72 hours to receive your gun. Florida is one of ten states that imposes waiting periods on people who wish to buy guns. After the completion of a background check, the purchaser must wait three days (72 hours) to be able to receive their gun. This law is designed to prevent impulsive acts of violence like suicide and murder by giving potential perpetrators a chance to "cool down" before they get potentially lethal firepower.[12]
- Note that weekends and legal holidays do not count as part of the 72-hour waiting period — only business days.
- Note also that there are two major exceptions to this rule: you are not required to wait 72 hours for your gun if you have a permit that allows you to carry concealed weapons or if you are trading in a handgun.[13]
Community Q&A
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QuestionCan I have a hand gun in the glove compartment of my car or in my trunk if I don't have a concealed license?Community AnswerYes, as long as the firearm is "securely encased." Fl. Stat. s. 790.251(5) states "it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use."
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QuestionIs it standard to have to wait for two weeks to take possession of a handgun when the background check has been passed?Community AnswerNo. The law in Florida is 3 business days, if you are cleared of a background check.
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QuestionWhile you're trying out the feel and weight of different guns, will a dealer permit you to use it for target practice to get a feel for the gun?Community AnswerNot in a stand-alone store. There are gun ranges, however, that have a selection of rental firearms. You typically pay a small fee to use any of the guns from the rental pool. This is a good way to get a feel for the type of gun you'd like to use.
Warnings
- Note that you are not required by law to disclose your possession of a gun to a law enforcement officer if you have a concealed weapon permit. However, if the officer asks to see your license, you must provide it.⧼thumbs_response⧽
Expert Interview
Thanks for reading our article! If you'd like to learn more about buying guns, check out our in-depth interview with Bryan Villella.
References
- ↑ http://archive.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.001.html
- ↑ https://www.fdacs.gov/Consumer-Resources/Concealed-Weapon-License/Applying-for-a-Concealed-Weapon-License/Eligibility-Requirements
- ↑ http://www.freshfromflorida.com/Divisions-Offices/Licensing/Regional-Offices
- ↑ http://www.freshfromflorida.com/content/download/26365/504278/ConcealedWeaponLicenseApplicationInstructions.pdf
- ↑ http://www.freshfromflorida.com/content/download/7438/118429/License_Fees.pdf
- ↑ https://licensing.freshfromflorida.com/CWStatusCheck/CWStatusChk.aspx
- ↑ http://www.usacarry.com/florida_concealed_carry_permit_information.html
- ↑ http://www.ncsl.org/research/civil-and-criminal-justice/possession-of-a-firearm-by-the-mentally-ill.aspx
- ↑ http://smartgunlaws.org/background-checks-in-florida/
About This Article
To buy a gun in Florida, you must meet the criteria set by the state. The basic requirements include being at least 21 years old, not being convicted of any felony, and not having a history of drug or alcohol abuse. Visit a federally-licensed dealer to purchase either a long gun or a handgun. Bring a current, valid form of identification with you, such as your Florida driver’s license. After you pick out the gun you want to buy, complete a background check form. Wait as the firearms dealer completes the background check to grant approval for your purchase. You’ll then need to wait a further 72 hours before you can receive the gun. This waiting period is in place to try and prevent impulsive acts of violence. For more information about buying a gun in Florida, like how to get a concealed weapon license, read on.