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Who is Not Allowed to Purchase a Firearm in Florida?

February 18, 20214 min read

What's Up Sheepdogs? Ryan here with Tampa Carry.

For five years, my wife, Tiffany, and I owned a retail gun store in Tampa, FL. I always found it comical when people would attempt to purchase their first firearm. Some of them would be shaking; others would ask how they could apply for a license to own a gun. "You already have a license to own a gun. It's called the Second Amendment," I would reply. Purchasing your first firearm can be intimidating; however, I promise it's an easy process. 

Who Cannot Purchase a Firearm Under Federal Law?

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

  • convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

  • who is a fugitive from justice;

  • who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);

  • who has been adjudicated as a mental defective or has been committed to any mental institution;

  • who is an illegal alien;

  • who has been discharged from the Armed Forces under dishonorable conditions;

  • who has renounced his or her United States citizenship;

  • who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or

  • who has been convicted of a misdemeanor crime of domestic violence.

 
The GCA at 18 U.S.C. § 922(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition. 

Who Cannot Purchase a Firearm Under Florida Law?

According to Florida Statute 790.065(2), the State of Florida prohibits the following individuals from purchasing a firearm.

  • A person convicted of a felony 

  • A person convicted of a misdemeanor crime of domestic violence

  • A person who has had an adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless it has been at least 3 years since probation or any other conditions set by the court have been fulfilled or expunction has occurred

  • A person who has been adjudicated mentally defective or has been committed to a mental institution by a court

  • A person with an active warrant 

  • A person who is addicted to a controlled substance 

  • A person who is an illegal alien 

  • A person who received a dishonorable discharge from the U.S. military

  • A person who has renounced their United States citizenship 


A person who has been indicted or has had an information filed against her or him for an offense that is a felony under either state or federal law, or, as mandated by federal law, has had an injunction for protection against domestic violence entered against the potential buyer, has had an injunction for protection against repeat violence entered against the potential buyer, or has been arrested for any of the following crimes:

  • Arson

  • Aggravated assault

  • Aggravated battery

  • Illegal use of explosives

  • Child abuse or aggravated child abuse

  • Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult

  • Aircraft piracy

  • Kidnapping

  • Homicide

  • Manslaughter

  • Sexual battery

  • Robbery

  • Carjacking

  • Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years

  • Sexual activity with a child who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority

  • Burglary of a dwelling

  • Stalking and aggravated stalking

  • Act of domestic violence

  • Home invasion robbery

  • Act of terrorism

  • Manufacturing any substances in violation of chapter 893;

  • Attempting or conspiring to commit any such crime

  • Human trafficking

  • Criminal anarchy

  • Extortion

  • Explosives violations

  • Controlled substances violations

  • Resisting an officer with violence

  • Weapons and firearms violations under this chapter.

  • Treason

  • Assisting self-murder

  • Sabotage

  • Stalking or aggravated stalking

What Is The Minimum Age to Buy a Gun in Florida?
In Florida, the minimum age to purchase a firearm from a licensed dealer is 21. Here’s what the statute says: 

Florida Statutes 790.065(13)  A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer… 

However, you will see in a later section that a person who is 18 years or older can purchase a firearm from a private seller or receive a firearm as a gift. 

That's all I have for today. So until next time keep training and stay safe...Talk to you soon,

Ryan G. Thomas

P.S. You’re one step away from getting your Florida concealed carry permit….FAST & EASY…

And for a limited time you can watch the concealed carry course online for free... Click here to get started...

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Tiffany Thomas

Tiffany is a wife and mother of three. She is a firm believer in the second amendment and our right to protect ourselves and our loved ones.

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