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Old 06-21-2023, 07:52 PM
C. C. Rider C. C. Rider is offline
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Quote:
Originally Posted by C. C. Rider View Post
For the sale to be legal:

1. Both buyer and seller must be (primary) residents of Florida.

2. Neither buyer nor seller can have a felony conviction on his/her record.

3. Neither buyer nor seller can be habitually addicted to illegal drugs or alcohol.

4. Both must be at least 21 years of age.

5. Neither can be under indictment for a felony.

If you meet these conditions and the gun is a legally owned gun, then you don't NEED to have any paperwork done to make the sale.

However, I would recommend that you draw up a simple Bill of Sale stating what is being sold, who the buyer and seller are, date of the sale, and amount gun is being sold for. Then both Buyer and Seller sign the Bill of Sale and furnish a copy of the Bill of Sale to each for their records.

I'm not an attorney and this is not to be construed as legal advice.
Here is a clarification of a couple of things in my previous post (shown above). The federal law is actually LESS restrictive than I indicated above. The seller does NOT have to verify items 2, 3, or 5 above.

It is only required that the seller not KNOWLINGLY sell to someone who would otherwise be disqualified by the issues listed in items 2, 3, or 5 above. In other words, you don't have to do a background check on the buyer.

"Under federal law, private gun sales between unlicensed people are legal so long as (1) the buyer lives in the same state as the seller, and (2) the seller doesn't know (or have reason to believe) that the buyer is prohibited from having a gun. Federal law requires no background checks for these private, intrastate transactions, but many states do."

Is it illegal to buy a gun for someone else? | CriminalDefenseLawyer.com


As for complying with Florida state law, it's the same as the federal law.

"The only requirements are 1) the buyer must be 21 years or older; and 2) the buyer must not be a prohibited person. What if you did not know your neighbor was convicted of a felony many years ago? Could you get in trouble for selling him your Glock? No, only your neighbor would be committing a felony. However, if you knew that he was a prohibited person and you decided to sell the gun to him anyway, then you both are committing felonies. The law does not require you to ask the buyer if he or she is a prohibited person, but if you know you cannot complete the sale."

Selling a Gun In a Pandemic | Florida - U.S. LawShield

Last edited by C. C. Rider; 06-21-2023 at 07:56 PM. Reason: Clarity