- Transfer Steps
- Minimum Age Requirements
- Mandatory 3-Day Waiting Period
- Florida Resident Transfer Requirements
- Non-Florida Resident Transfer Requirements
- Members of the Military
- Special Requirements for Assault Firearms
- Background Check/3-Day Waiting Period Requirements
- Notify Phoenix Arms that you’re making a gun purchase and would like us to handle the incoming transfer. Be sure to include your name, telephone number, email address, the name of the person shipping the firearm to us, and the make and model of the firearm.
- Purchase the item from the seller.
- We will provide the person or company that’s shipping the firearm with a copy of our Federal Firearms License (FFL).
- Ensure that the person shipping the firearm includes a copy of their FFL with the shipment. If the person is not a dealer, please provide a copy of their driver’s license. In addition, they should include your name and contact information with the firearm.
- Once we receive your firearm, we will contact you to schedule an appointment for the transfer.
Minimum Age Requirement
Only persons who are 21 years or older are eligible to receive
Mandatory 3-day Waiting Period for Firearms
F.S. 790.0655 requires a three working-day waiting period between the purchase at retail and delivery of all firearms. Exceptions to the three day waiting period are:
- When a firearm is being purchased by a holder of a valid concealed weapons permit as defined in s. 790.06
- The purchase of a rifle or shotgun upon a person’s successfully completing a minimum of a 16-hour hunter safety course and possessing a hunter safety certification card issued under s. 379.3581 and holds a valid Florida hunting license
- When a rifle or shotgun is being purchased by a law enforcement officer, correctional officer, or a service member
- The trade of another firearm
The waiting period for firearms will begin with the purchase, which is the transfer of money or other valuable consideration to the retailer. The dealer should advise the buyer when the three-day waiting period will end.
When the buyer returns, the dealer will pull the partially completed ATF F-4473 Form. The dealer must ask the buyer to review Section A and sign and date in Section C of ATF F-4473 if the information is still correct. The dealer must complete Section B and sign and date the form. The dealer must verify the buyer’s identity again by inspecting photo identification. Title 27, Code of Federal Regulations, Section 178.124(c), requires the establishment of identification and the completion of Section B at the time of transfer.
Please note that this procedure is different from previous ATF instructions concerning the signing of the ATF F-4473 Form. The State of Florida has been working with ATF, and the procedure outlined here has been approved for documenting the waiting period between the first and second signatures of the buyer. The two signatures will supply accountability for the information provided for the record checks and again at the actual time of transfer of the firearm. The physical transfer must take place before the expiration of the approval number (thirty calendar days).
Since the three-day waiting period is separate from and in addition to the FPP background record check, persons who require clarification regarding the three day wait must contact the State Attorney’s Office in their jurisdiction, the Florida Attorney General’s Office at (850) 414-3300, or the local Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office.
Florida Constitution Article 8, Section 5 states that each county shall have the authority to require a criminal history records check and a 3 to 5 day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. Licensed dealers should contact their County Commissions to ensure compliance with any local ordinances that may apply. For purposes of this subsection, the term “sale” means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.
Florida Resident Transfer Requirements
When you arrive for your scheduled appointment, you will need to complete one form. You must also bring with you a Florida driver’s license that is at least 30 days old and shows your current address. Florida identification cards are also acceptable
Non-Florida Resident Transfer Requirements
Phoenix Arms may transfer rifles and shotguns to non-Florida residents as long as we are able to comply with the laws of Florida and the state of residence of the customer. Similar to the Florida Resident Transfer procedure outlined above, when you arrive for your scheduled appointment, you will need to complete two forms. You must also bring with you a driver’s license from your state of residence that is at least 30 days old and shows your current address.
Phoenix Arms is only permitted by law to transfer rifles and shotguns to non-Florida residents. We cannot transfer handguns, receivers, frames, or shotguns without shoulder stocks to non-Florida residents. In addition, some states require that certain types of rifles and shotguns be transferred to a resident of that state by a dealer in that state. The customer should be aware of the requirements of their state of residence before contacting Phoenix Arms.
Members of the Military
The Florida Code provides that military members who reside in Florida, but whose duty station is in a nearby state, such as Georgia or South Carolina, are considered Florida residents even if they do not possess a Florida driver’s license. This means that members of the military can lawfully purchase handguns and semi-automatic rifles such as AR-15s in Florida as Florida residents. Members of the military who cannot meet the Florida Resident Transfer Requirements or the Non-Florida Resident Transfer
- A driver’s license from your home state that is at least 30 days old, if you are active duty (it does not matter if your license is expired);
- A military ID; and
- Military orders (a) putting your permanent duty station in Florida or (b) putting your permanent duty station in a nearby state if you live in Florida, but your duty station is not in Florida
Special Requirements for Assault Firearms
Under Florida law, an assault firearm is defined as a semi-automatic center-fire rifle or pistol, that (1) has a magazine that will hold more than 20 rounds, or (2) is designed by the manufacturer to accommodate a silencer, or (3) is equipped with a folding or collapsible stock.
Background Check/3-Day Waiting Period
This chart outlines which purchasers must have a background check and which purchasers must wait three days.
|Purchase Type/Customer||Background||3-Day Wait|
|Concealed Weapon Permit Holder||Yes||No|
|Certified Law Enforcement Officer||Yes||Yes|
|Certified Law Enforcement Agency||No||Yes|
|Hunter’s Safety Course & Hunting License||Yes||Yes|
|Long Guns||Background||3-Day Wait|
|Concealed Weapon Permit Holder||Yes||No|
|Certified Law Enforcement Officer||Yes||No|
|Certified Law Enforcement Agency||No||No|
|Hunter’s Safety Course & Hunting License||Yes||No|
|Handgun for Handgun*||Yes||No|
|Handgun for Long Gun||Yes||No|
|Long Gun for Handgun*||Yes||No|
|Long Gun for Long Gun||Yes||No|
|Warranty Repair/Exchange-Long Gun||No||No|
|Pawn Redemption-Long Gun||Yes||No|
*The handgun category also applies to the sale and transfer of frames, receivers, and other items. Please consult with us for more information.