Florida's Waiting Period
Florida Statute 790.0655 mandates a 3-business-day waiting period for all firearm purchases, beginning when the sale is initiated. This applies to handguns and long guns alike. The waiting period runs from the time of the transaction, not from the time of the background check.
There are limited exemptions — notably for concealed weapon or firearm license (CWFL) holders, law enforcement, military personnel, and customers trading in a firearm during the same transaction. Make sure your staff knows exactly who qualifies for an exemption and can document it properly.
State Background Check Process
Florida is a "partial point of contact" state. The Florida Department of Law Enforcement (FDLE) conducts background checks for handgun purchases and handgun components of long gun/handgun combination purchases. Long gun-only purchases go through the federal NICS system directly.
This means your process differs depending on what the customer is buying. Handgun purchases go through FDLE; long gun purchases go through NICS. Your POS should handle this routing automatically — and Bravo's POS does.
Florida Preemption and Local Restrictions
Florida Statute 790.33 preempts local governments from enacting firearms regulations more restrictive than state law. This includes sales, transfers, ownership, and possession. Uniquely, Florida's preemption statute includes personal liability for officials who enact or enforce local firearms ordinances that violate state preemption.
As a result, Florida's regulatory environment is relatively uniform across the state. However, local zoning and business licensing requirements still apply to your storefront operations.
Record Retention and State-Specific Requirements
Florida law prohibits the state from maintaining a firearms registry. FDLE is required to destroy approved background check records within 48 hours. However, your federal record retention obligations remain unchanged — you must retain 4473 forms for a minimum of 20 years.
Florida also requires dealers to maintain records of private party transfers facilitated through your FFL, even though Florida does not require universal background checks. If you facilitate a private party transfer, the 4473 and NICS check apply, and the records are yours to maintain.
Special Considerations for Florida Pawn Shops
Florida has a significant pawn industry, and many pawn shops hold FFLs. If you're a Florida pawnbroker handling firearms, you're subject to both Florida's pawn statutes and federal firearms regulations simultaneously.
Florida pawn law requires specific hold periods before pawned items can be sold. For firearms, these hold periods interact with your ATF compliance obligations around bound book entries, disposition records, and background checks on redemptions vs. new sales. Bravo's pawn shop POS manages both compliance frameworks in a single system.
Running an FFL in Florida?
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