The law of Florida defines “firearm” as any weapon (including a starter gun) which is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.[i]  The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Fla. Stat. § 790.065 deals with the sale and delivery of firearms.  A licensed importer, licensed manufacturer, or licensed dealer in Florida may sell or deliver any firearm to another licensed importer, licensed manufacturer, licensed dealer, or licensed collector.[ii]  In case of other persons, the licensed importer, licensed manufacturer, or licensed dealer can sell or deliver the firearm only if he/she has obtained a completed form from the potential buyer or transferee.[iii]  This form shall be promulgated by the Department of Law Enforcement and is provided by the licensed importer, licensed manufacturer, or licensed dealer.  The form shall include the name, date of birth, gender, race, and social security number or other identification number of such potential buyer or transferee.

The seller should also inspect the identification details including an identification containing a photograph of the potential buyer or transferee.[iv]

At the time of sale, the seller should also collect a fee from the potential buyer for processing the criminal history check of the potential buyer.[v]  The fee shall be established by the Department of Law Enforcement and may not exceed $ 8 per transaction.  The Department of Law Enforcement may reduce, or suspend collection of the fee.

The seller of the firearm should also request the Department of Law Enforcement to conduct a check of the information as reported and reflected in the Florida Crime Information Center and National Crime Information Center systems as of the date of the request.[vi]

The seller should also receive a unique approval number for that inquiry from the Department of Law Enforcement, and should record the date and such number on the consent form.[vii]

[i] Fla. Stat. § 790.001

[ii] Fla. Stat. § 790.065 (1)

[iii] Fla. Stat. § 790.065 (1) (a)

[iv] Id.

[v] Fla. Stat. § 790.065 (1) (b)

[vi] Fla. Stat. § 790.065 (1) (c)

[vii] Fla. Stat. § 790.065 (1) (d)