Understanding the Legality of Gifting a Firearm in Florida

Being gifted a firearm or deciding to give a firearm as a gift is a serious transaction that must be done properly and with consideration for state and federal laws. In the state of Florida, it is completely legal and fairly simple to gift, buy, or sell a firearm, given that you follow the imposed state laws. As the state does not have a gun registry, firearms are considered private property and can be distributed as such.

Failure to adhere to state laws can result in severe punishment and even prohibit future ownership of firearms. To fully understand the legality of gifting a firearm in the Sunshine State, Fighter Law has put together a guide on how to ensure you are following the proper procedures and protocols. For any remaining questions or concerns, give our team a call at the number listed below. 

In What Cases Is Gifting a Firearm in Florida Illegal? 

Florida does not currently require you to register your firearm or record the transfer process when legally giving one as a gift. As long as you and the beneficiary are of legal age and residents of the state, the process is completely legal. 

However, cases in which gifting a firearm would be illegal include the following: 

Straw Gun Purchase

The legal age to purchase a firearm in Florida is 21. This age restriction does not apply to gifts, as it is legal to receive a gun if you are under the age of 21. However, this does come with strict regulations, including the ability to have it on your person, when you can legally use it, and so on. 

A straw gun purchase is the illegal purchase of a gun for someone else under the guise that it is for yourself. Buying a gun for a prohibited individual is illegal and can result in a third-degree felony charge. If you are giving a gun to a minor as a gift, such as your child, it is legal as long as you follow the regulated restrictions. 

Out-of-State Gifting

As long as the beneficiary of the firearm is also a Florida resident and the firearm meets all state requirements, you are good to go. However, when the beneficiary lives in another state, the transfer must occur through a Federal Firearms Licensee. Every state has different requirements and regulations, and the exchange of firearms without adhering to the laws of the receiver’s state can put both parties at risk of legal repercussions.

Directly gifting a firearm between two parties in different states is a serious federal crime. When you conduct the transfer through a Federal Firearms Licensee, they will handle the transfer and ensure everything is done legally and within each individual state’s requirements. Additionally, when it comes to the physical relocation of the firearm, you may not do so through the United States Postal Service. They will not and are not allowed to transfer firearms of any kind. 

Have Questions About the Legality of Your Firearm Purchase? Speak to a Dedicated Florida Criminal Defense Attorney Today

If you have been accused of gifting a firearm illegally or have been given a firearm illegally, it is best that you reach out to a criminal defense attorney as soon as possible. With decades of experience, the board-certified team at Fighter Law is here to educate, defend, and fight for our clients. 

We are here to protect your rights and your future. For a free consultation today, give our Central Florida office a call at (407) 344-4837 or fill out a contact form.

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