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What steps do I need to take in order to legally sell firearms in Florida?

To legally sell firearms in Florida, anyone must take the following steps:

  1. Obtain a Federal Firearms License (FFL): A person who wants to sell firearms must first obtain a Federal Firearms License from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The applicant must be at least 21 years old, not convicted of a felony, and not prohibited from possessing a firearm under federal or state law. The application process involves submitting fingerprints, completing a criminal background check, and providing other identifying information.

  2. Comply with Florida state law: Florida law requires that anyone who sells firearms must have a valid FFL, abide by federal law and Florida regulations, and conduct background checks on all customers. Florida law also regulates who can sell firearms at gun shows, requires certain signage, and mandate sellers to report missing or stolen firearms to law enforcement within 48 hours.

  3. Verify the eligibility of the buyer: Federal law requires that firearm dealers must conduct a background check on all buyers through the National Instant Criminal Background Check System (NICS). In Florida, private sellers have the option to request a background check when selling a firearm to someone who is not a direct relative or a law enforcement officer.

  4. Keep accurate records: The federal law requires that firearm dealers must keep accurate records of all firearms transactions. The dealer must record the name, address, and other information from the buyer along with information about the firearm they are selling. The dealer must also keep a record of the background check process.

Limitations or exceptions to the advice given:

Florida law prohibits people from selling firearms to minors, convicted felons, individuals who have been involuntarily committed to a mental institution, and individuals with certain domestic violence convictions. These restrictions apply to both licensed dealers and private sellers.

If a person wants to sell firearms as a business, they must obtain a different type of FFL called a Type 1 or Class 3 FFL. These FFLs will allow the seller to engage in the sale of certain types of firearms, such as those that are fully automatic or explosive.

Suggestions for further action:

It is essential to consult with an experienced firearm attorney before trying to sell firearms in Florida. A qualified attorney will be able to help you obtain an FFL, ensure compliance with federal and state laws, and make sure that you are protected from potential liability.