Florida has no law generally requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. However, the Florida Constitution permits counties to adopt laws that would require such background checks for sales occurring in or on “property to which the public has the right of access” within the county. The Florida Constitution states that, “[e]ach county shall have the authority to require a criminal history records check…in connection with the sale of any firearm occurring within such county.”1 The term “sale” under this section “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.”2Concealed weapons permit holders are not subject to these laws.3
See our Universal Background Checks policy summary for a comprehensive discussion of this issue.
- Fla. Const. art. VIII, § 5(b).