(1)(a) A mandatory waiting period is imposed between the purchase and delivery of a firearm. The mandatory waiting period is 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks required under s. 790.065, whichever occurs later. “Purchase” means the transfer of money or other valuable consideration to the retailer. “Retailer” means and includes a licensed importer, licensed manufacturer, or licensed dealer engaged in the business of making firearm sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in s. 212.02(13).
(b) Records of firearm sales must be available for inspection by any law enforcement agency, as defined in s. 934.02, during normal business hours.
(2) The waiting period does not apply in the following circumstances:
(a) When a firearm is being purchased by a holder of a concealed weapons permit as defined in s. 790.06.
(b) To a trade-in of another firearm.
(c) To 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. A person who is exempt from the hunter safety course requirements under s. 379.3581 and holds a valid Florida hunting license is exempt from the mandatory waiting period under this section for the purchase of a rifle or shotgun.
(d) When a rifle or shotgun is being purchased by a law enforcement officer or correctional officer, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a servicemember as defined in s. 250.01.
(3) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
(a) For any retailer, or any employee or agent of a retailer, to deliver a firearm before the expiration of the waiting period, subject to the exceptions provided in subsection (2).
(b) For a purchaser to obtain delivery of a firearm by fraud, false pretense, or false representation.
History.—s. 1, ch. 91-24; s. 3, ch. 92-183; s. 98, ch. 99-3; s. 12, ch. 2018-3; s. 33, ch. 2022-183.
Structure Florida Statutes
Chapter 790 - Weapons and Firearms
790.01 - Unlicensed Carrying of Concealed Weapons or Concealed Firearms.
790.02 - Officer to Arrest Without Warrant and Upon Probable Cause.
790.051 - Exemption From Licensing Requirements; Law Enforcement Officers.
790.052 - Carrying Concealed Firearms; Off-Duty Law Enforcement Officers.
790.053 - Open Carrying of Weapons.
790.06 - License to Carry Concealed Weapon or Firearm.
790.0601 - Public Records Exemption for Concealed Weapons.
790.061 - Judges and Justices; Exceptions From Licensure Provisions.
790.062 - Members and Veterans of United States Armed Forces; Exceptions From Licensure Provisions.
790.064 - Firearm Possession and Firearm Ownership Disability.
790.065 - Sale and Delivery of Firearms.
790.0655 - Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties.
790.07 - Persons Engaged in Criminal Offense, Having Weapons.
790.08 - Taking Possession of Weapons and Arms; Reports; Disposition; Custody.
790.09 - Manufacturing or Selling Metallic Knuckles.
790.10 - Improper Exhibition of Dangerous Weapons or Firearms.
790.145 - Crimes in Pharmacies; Possession of Weapons; Penalties.
790.15 - Discharging Firearm in Public or on Residential Property.
790.153 - Tests for Impairment or Intoxication; Right to Refuse.
790.157 - Presumption of Impairment; Testing Methods.
790.16 - Discharging Machine Guns; Penalty.
790.1612 - Authorization for Governmental Manufacture, Possession, and Use of Destructive Devices.
790.162 - Threat to Throw, Project, Place, or Discharge Any Destructive Device, Felony; Penalty.
790.165 - Planting of “Hoax Bomb” Prohibited; Penalties.
790.169 - Juvenile Offenders; Release of Names and Addresses.
790.173 - Legislative Findings and Intent.
790.174 - Safe Storage of Firearms Required.
790.175 - Transfer or Sale of Firearms; Required Warnings; Penalties.
790.18 - Sale or Transfer of Arms to Minors by Dealers.
790.221 - Possession of Short-Barreled Rifle, Short-Barreled Shotgun, or Machine Gun; Penalty.
790.222 - Bump-Fire Stocks Prohibited.
790.235 - Possession of Firearm or Ammunition by Violent Career Criminal Unlawful; Penalty.
790.24 - Report of Medical Treatment of Certain Wounds; Penalty for Failure to Report.
790.25 - Lawful Ownership, Possession, and Use of Firearms and Other Weapons.
790.256 - Public Service Announcements.
790.29 - Paramilitary Training; Teaching or Participation Prohibited.
790.33 - Field of Regulation of Firearms and Ammunition Preempted.
790.335 - Prohibition of Registration of Firearms; Electronic Records.
790.336 - Lists, Records, or Registries to Be Destroyed.
790.338 - Medical Privacy Concerning Firearms; Prohibitions; Penalties; Exceptions.