11C-6.009. Sale and Delivery of Firearms  

Effective on Tuesday, May 5, 2020
  • 1(1) For a federally licensed firearm dealer (including licensed firearm importers, licensed firearm manufacturers and licensed firearm dealers pursuant to Title 27, C.F.R., Part 178) to complete a firearm transaction to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, a United States Treasury Department, Bureau of Alcohol, Tobacco and Firearms (ATF) form ATF F-4473 [5300.9] Part 1 (10/16) (Firearms Transaction Record) incorporated here by reference, 72http://www.flrules.org/Gateway/reference.asp?No=Ref-09688, 74must be completed. These forms are available from the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153. The completion of the ATF F-4473 [5300.9] Part 1 (10/16) form must comply with Title 27, C.F.R. Part 178, Section 178.124, and with section 116790.065, F.S.

    118(2) Section A of the ATF F-4473 [5300.9] Part 1 (10/16) form must be completed by the potential buyer or transferee. The dealer must ensure that Section A is completed by the buyer prior to the dealer contacting the Florida Department of Law Enforcement (FDLE). In addition to the above requirements, the social security number of the potential buyer or transferee may be recorded in the Social Security Number block of ATF F-4473 [5300.9] Part 1 (10/16) form. The dealer is required to advise the potential buyer that the disclosure of his or her social security number is voluntary, of the authority for the disclosure, and of the use to be made of the number.

    233(3) All federally licensed importers, licensed manufacturers, and licensed firearm dealers in Florida who intend to sell a firearm to another non-licensed person must provide dealership information to the FDLE and obtain an identification number and a toll-free telephone number. The identification number and toll-free telephone number must be used only by or for the dealer and must be used to obtain an approval number before a firearm can be transferred.

    304(4) The dealer must collect a $5.00 non-refundable processing fee from the potential buyer or transferee before the processing of a criminal history record check of the state and national record systems will be accomplished.

    339(5) Using the provided toll-free telephone number or by other electronic means in addition to the telephone, the dealer must contact FDLE immediately prior to each transaction involving the transfer of one or more firearms to obtain an approval number to complete the firearm transaction. The dealer will provide the dealer’s identification number and all identification data of the potential buyer/transferee as contained on ATF form F-4473 [5300.9] Part 1 (10/16) to FDLE.

    412(6) Based on the status of the criminal history record, FDLE will provide an approval or non-approval number to the dealer during the call when possible or by return call or within the specified time frame as contained in Sections 452790.065 453and 454790.0655, F.S. 456Unless compliance with the requirements of this section is excused as provided in Section 470790.065(10), F.S., 472if the dealer has not received an approval or non-approval number from FDLE within the time frame specified, the dealer must contact FDLE to inquire about the status of the request for approval, prior to completing the transaction. The approval number is valid for a single transaction and for a period not to exceed thirty calendar days after receipt of the number. Multiple firearms may be transferred in this transaction.

    542(7) The dealer will record the decision and number provided by FDLE in the NICS or State transaction number block and in the box in the top right corner labeled, Transferor’s Transaction Serial Number of ATF form F-4473 (5300.9) Part 1 (10/16). When the transaction is approved, the dealer should complete Section B of the ATF form F-4473.

    600(8) To any potential buyer or transferee intending to formally appeal a non-approval decision, the dealer will provide a Firearm Purchase Program Non-Approval Appeal Form (form number FDLE 40-020, Rev. August 2019), incorporated herein by reference, 636https://www.flrules.org/Gateway/reference.asp?No=Ref-11933, 638and on file with Secretary of State, that must be completed by the dealer and the potential buyer or transferee. The potential buyer or transferee must take the form to a law enforcement agency, be fingerprinted there, and return the Firearm Purchase Program Non-Approval Appeal form and fingerprints to FDLE within 60 calendar days. Using the procedures as described in Chapter 11C-8, F.A.C., FDLE will process the formal appeal request. A supply of the appeal forms will be provided by FDLE to dealers upon request. Such requests should be directed to:

    729Florida Department of Law Enforcement

    734Firearm Purchase Program

    737Post Office Box 1489

    741Tallahassee, Florida 32302-1489

    744Telephone Number: (850)410-8139

    747As an alternative to this procedure, if the non-approval is based on an erroneous record provided by the FBI, the potential buyer or transferee may at any time appeal his non-approval directly to the FBI, as authorized by Title 28, C.F.R., Section 25.10.

    790(9) Each month, FDLE will provide the dealer with an invoice of the fees due FDLE. Payment must be made by electronic means or by a business or personal check, money order, or cashier’s check payable to FDLE. Payment must include a reference to the invoice number in order to be correctly credited. Payments must be in U.S. dollars only.

    850(10) Questions about invoices received should be directed to:

    859Florida Department of Law Enforcement

    864Office of Financial Management

    868Post Office Box 1489

    872Tallahassee, Florida 32302-1489

    875Telephone Number: (850)410-7156

    878(11) Payment returned for any reason will be subject to the service fee as provided by Section 895215.34, F.S. 897Failure to pay the amount of the returned payment plus the service fee by the date specified by FDLE will result in the termination of services provided by FDLE, until all outstanding fees are paid in full. Dealers who dispute electronic charges as a means of avoiding or delaying payment of an invoice, as evidenced by a pattern of this activity; dealers who are suspected of engaging in fraudulent use of credit card, debit card, or other electronic payment means; and dealers found using a customer’s credit card, debit card or electronic fund transfer information to directly pay invoices from FDLE may have electronic payment privileges revoked.

    1004(12) An invoice for processing fees that is not paid within 15 days after the due date will result in the termination of services provided by FDLE. Services will be reactivated when all past due invoices are paid in full and payment is received by FDLE.

    1050(13) All records where the transfer was approved must be maintained by dealers for 20 years as required by Title 27, C.F.R., Part 178. All records where the transfer was non-approved must be kept by dealers in a secure area and kept confidential for five (5) years. This would include the dealers’s copy of the ATF Form F-4473 [5300.9] Part 1 (10/16) where the transfer of a firearm was non-approved. Records must be made available to federal, state, county and municipal law enforcement agencies in connection with their official duties upon request during business hours or other reasonable times if the dealer has no regular business hours.

    1157(14) All records created by FDLE to conduct the criminal history record check shall be maintained in a secure area and shall be accessible only to authorized persons. Paper documents shall be shredded and computer records shall be automatically purged and destroyed in the time frames established in Section 1206790.065, F.S.

    1208(15) Dealers who sell firearms from their inventory at gun shows in Florida must obtain approval numbers from FDLE before the transactions are completed. Out-of-state dealers (at gun shows) must comply with all federal and state laws, rules and regulations when transferring a firearm in Florida.

    1254(16) Nonpayment or delayed payment of the processing fee by the potential buyer or transferee will be resolved by the dealer and the potential buyer or transferee. Dealers will be responsible to FDLE for payment for all record checks initiated using their identification number, whether a firearm is transferred or not.

    1305(17) Firearms that are rented for a specific purpose and do not leave the premises, do not require an approval number. Firearms returned or replaced for repairs that are claimed by the owner of the firearms do not require an approval number. All pawned or consigned firearms require an approval number prior to transfer.

    1359(18) Dealers are required to notify FDLE of any changes in their address, telephone number, or federal license status. Failure to do so will result in the dealer’s identification number being suspended. When the correct address and telephone number can be verified, and all outstanding invoices satisfied, service can be reinstated. Dealers with an expired federal license will not be able to process transactions. Dealers must have a valid active telephone number on file with FDLE that is answered during regular business hours.

    1442(19) FDLE will provide a licensed dealer with a new identification number when the dealer believes that unauthorized use has been or may be made of that dealer’s current identification number. It is the responsibility of the dealer to maintain the confidentiality of the assigned identification number, username, and password and not release the toll-free telephone number.

    1499(20) Any questions regarding these procedures for the sale and delivery of firearms or appeal of non-approval should be directed to:

    1520Florida Department of Law Enforcement

    1525Firearm Purchase Program

    1528Post Office Box 1489

    1532Tallahassee, Florida 32302-1489

    1535Telephone Number: (850)410-8139

    1538Rulemaking Authority 1540790.065, 1541943.03(4) FS. 1543Law Implemented 1545790.065, 1546790.0655 FS., 1548Title 18, U.S.C., Chapter 44, and Title 27, C.F.R., Part 178. History–New 6-2-91, Amended 7-7-99, 8-22-00, 12-18-00, 11-5-02, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, 5-5-20.