Illegal Purchase of a Firearm in Florida

Many of Florida’s laws regarding weapons and firearms can be found in Chapter 790. Federal law provides for ten categories of persons who are not eligible to purchase or possess a firearm under Title 18, United States Code 922(g)(1)-(9), (n).

One of the most commonly charged firearm crimes is using false information to purchase a firearm in violation of Florida Statute Section 790.065(12)(a), a third degree felony punishable by up to five years in Florida State Prison.

The requirements to purchase a firearm in Florida include being 21 years of age and a resident of the State of Florida who is a U.S. citizen or legal permanent resident alien. A person purchasing a firearm doesn’t need a permit. Additionally, a waiting period of three days, excluding weekends and state holidays, applies between the purchase and delivery of any firearm.

Florida law does not limit the number of firearms transferred in a single transaction. The transaction is considered complete once the dealer has completed and signed the ATF Form 4473. After that moment, an additional transfer requires an additional background check.

Attorneys for Illegal Purchasing a Firearm in Florida

If you are suspected of making an illegal purchase of a firearm in Florida, then contact an experienced criminal defense attorney at Sammis Law Firm. We represent clients charged with various firearm and weapon charges throughout Florida.

Contact us to discuss the pending charges, the potential penalties that might apply, and the best ways to fight the case.

Call (813) 250-0500.

Using False Information to Purchase a Firearm

Florida Statute Section 790.065(12)(a) provides: “Any potential buyer or transferee who willfully and knowingly provides false information or false or fraudulent identification commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083.”

Section 790.065(12) also makes it a third degree felony for any of the following to violate the statute:

•  any licensed importer, licensed manufacturer, or licensed dealer who violates the provisions of subsection (1); or
• any employee or agency of a licensed importer, licensed manufacturer, or licensed dealer.

Section 790.065(12)(d) makes it a third degree felony for any person to knowingly acquire a firearm through purchase or transfer intended for the use of a person prohibited by state or federal law from possessing or receiving a firearm.

Who is Disqualified from Purchasing a Firearm under Florida Law?

In Florida, s. 790.065(2)(a), F.S., disqualifies a person from purchasing a firearm if the person:

• Has been convicted of a felony and is prohibited from receipt or possession of a firearm pursuant to s. 790.23, F.S. which provides that anyone who has been convicted of a felony in Florida, another state or a crime against the U.S. that would be a felony, or has committed a delinquent act in Florida or another state that would be a felony if committed by an adult and the person is under 24 years old is prohibited from possessing a firearm.
• Has been convicted of a misdemeanor crime of domestic violence defined in Section 741.28, F.S., as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
• Has a withhold of adjudication or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other court set conditions have been fulfilled or an expunction has occurred.
• Has been adjudicated mentally defective, or has been committed to a mental institution by a court or by voluntary admission to a mental institution after having been involuntarily examined where additional criteria are met as provided in Section 790.065(2)(a)4., F.S.

The FDLE must also determine if a person has any of the following in his or her background check that disqualifies him or her from purchasing a firearm:

• Has been indicted or had an information filed against her or him for a felony offense.
• Has had an injunction for protection against domestic violence under s. 741.30, F.S., entered against him or her.
• Has had an injunction for protection against repeat violence under s. 784.046, F.S., entered against him or her.
• Has been arrested for a dangerous crime as specified in s. 907.041(4)(a), F.S., including:
  • human trafficking;
  • attempting or conspiring to commit any such crime;
  • manufacturing any substances in violation of ch. 893, F.S.;
  • act of terrorism as defined in s. 775.30, F.S.;
  • home invasion robbery;
  • act of domestic violence as defined in s. 741.28, F.S.;
  • stalking and aggravated stalking;
  • burglary of a dwelling;
  • sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;
  • lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
  • carjacking;
  • robbery;
  • sexual battery;
  • manslaughter;
  • homicide;
  • kidnapping;
  • aircraft piracy;
  • abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
  • child abuse or aggravated child abuse;
  • illegal use of explosives;
  • aggravated battery;
  • aggravated assault; and
  • arson.

Has been arrested for any of the offenses enumerated in s. 790.065, F.S., including:

• stalking or aggravated stalking under s. 784.048, F.S.;
• sabotage under s. 876.38, F.S.;
• treason under s. 876.32, F.S.; assisting self-murder under s. 782.08, F.S.;
• weapons and firearms violations under ch. 790, F.S.;
• resisting an officer with violence under s. 843.01, F.S.;
• controlled substances violations under ch. 893 F.S.;
• explosives violations under s. 552.22(1) and (2), F.S.;
• extortion under s. 836.05, F.S.;
• criminal anarchy under ss. 876.01 and 876.02, F.S.;

Who is Disqualified from Purchasing a Firearm under Federal Law?

Federal law provides for ten categories of persons who are not eligible to purchase or possess a firearm under federal law as found in Title 18, United States Code 922(g)(1)-(9), (n).

Under 18 U.S.C. s. 922(g), a person is disqualified from purchasing a firearm if the person:

• Is a fugitive from justice;
• Has been convicted of a misdemeanor crime of domestic violence;
• Is subject to a court order restraining the person from harassing, stalking or threatening an intimate partner or child of the intimate partner;
• Is convicted of a crime punishable by imprisonment exceeding one year;
• Is an illegal alien;
• Is a unlawful user or addicted to any controlled substance as defined in 21 U.S.C s. 802;
• Has been adjudicated as a mental defective or has been committed to any mental institution;
• Has renounced his or her U.S. citizenship; or
• Has been discharged from the Armed Forces under dishonorable conditions.

Additional Resources

Florida Chapter 790 Crimes for Weapons and Firearms – Visit the website of the Florida Legislature to find definitions and crimes for weapons. Find information on when you can carry a gun openly in Florida or have a loaded gun in your car.

This article was last updated on Monday, June 24, 2024.