Are you under a Stay At Home order? Have the gun shows in your area closed down due to the pandemic? Gun stores around the country are overrun with new purchasers and more questions than ever are being asked about how to conduct a private sale as an alternative.
What is the law in Florida on conducting a private sale as an alternative?
If you decide to conduct a private sale with an individual, it is important you know what can and cannot be done, and how to stay on the right side of the law.
Your next-door neighbor asked if you would be interested in selling your Glock 17, and it just so happens that you’ve wanted to make room for a new Smith & Wesson M&P 2.0. Florida and federal law do not require the sale of the firearm to be registered, nor do they require the seller to perform a background check on the buyer.
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.