Are Private Gun Sales Legal in Florida? What You Need to Know

When it comes to buying and selling firearms in the Sunshine State, many people wonder: are private gun sales legal in Florida? The short answer is yes. Florida law does allow private individuals to buy and sell firearms without going through a licensed dealer — but there are important rules and restrictions that both the buyer and seller must follow.

Understanding these requirements helps you avoid legal issues and ensures that every transfer is handled safely and responsibly. Below, we’ll break down what the law says, the requirements you need to meet, and best practices to follow when engaging in private firearm sales in Florida.

Legal Requirements for Private Firearm Sales in Florida

While private sales don’t require a background check through a licensed dealer, they are not completely unregulated. Florida law sets specific standards for who can sell, who can buy, and what identification is required.

Key requirements include:

• Valid Identification: Both buyer and seller must present a government-issued photo ID to confirm identity.

• Age Restrictions:

  • Handguns (pistols and revolvers): Buyer must be 21 or older.

  • Rifles: Buyer must be at least 18.

  • Shotguns with a shoulder stock: Minimum age 18.

  • Shotguns without a shoulder stock: Buyer must be 21.

• No Prohibited Persons: The buyer must not be prohibited from owning or possessing a firearm under state or federal law (such as convicted felons, individuals under restraining orders, or those with certain mental health adjudications).

These rules ensure that firearms are not sold to individuals who are barred from ownership and that all parties involved are of lawful age.

Best Practices for Safe and Responsible Private Sales

Even if the law permits a transaction, it’s important to approach private firearm sales responsibly. Following safe practices can help both parties avoid legal trouble and protect themselves during the process.

Best practices include:

• Meet in a safe, public location — gun shops and ranges are often good options.

• Draft a simple bill of sale that records the date, firearm details, and the names of both parties.

• Double-check that the firearm isn’t reported stolen by checking available state resources.

• Never conduct a transaction if something feels suspicious or unsafe.

• Transport firearms properly, keeping them unloaded and secured.

By taking these steps, buyers and sellers can complete private sales while maintaining a high standard of safety and accountability.

Why These Rules Matter

Gun shows, private meetups, and personal transfers are a major part of Florida’s firearm culture. The rules around private sales strike a balance between personal freedom and public safety. While no background check is required for private transactions, the responsibility falls directly on individuals to ensure that all laws are followed.

Failing to meet age requirements or selling to a prohibited person can result in serious criminal charges. That’s why it’s so important to follow the law and use good judgment in every transaction.

FAQs About Private Gun Sales in Florida

Do private sales require a permit?
No. Florida does not require a special permit to complete a private firearm sale, as long as all legal requirements are met.

Do I have to run a background check on the buyer?
Not in a private sale. Background checks are required only when buying through a federally licensed firearms dealer (FFL).

Can I sell to someone under 21?
It depends on the firearm. Rifles and shotguns with shoulder stocks can be sold to buyers 18 or older. Handguns and certain shotguns require the buyer to be 21.

What is considered a “prohibited person”?
A prohibited person is someone who cannot legally own a firearm under state or federal law. This includes convicted felons, individuals under restraining orders, or people adjudicated mentally unfit.

Do private sales apply at gun shows?
Yes. Transactions at gun shows can be private sales as long as the same rules are followed. However, many sellers at shows are licensed dealers, so their sales require background checks.

So, are private gun sales legal in Florida? Yes — but only when they follow the proper rules. Both parties must show ID, respect age restrictions, and confirm that the buyer is not prohibited from owning a firearm. By pairing these requirements with safe practices like using a bill of sale and meeting in secure locations, private firearm transfers can be done responsibly.

Disclaimer: This article is for informational purposes only. We are not lawyers. Firearm laws can change, and local jurisdictions may have additional restrictions. Always check the most current state and federal laws, and consult a qualified attorney if you are unsure about your situation.