Fla. Admin. Code Ann. R. 11C-6.009 - Sale and Delivery of Firearms
(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] (August 2023) (Firearms
Transaction Record) incorporated here by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-16784,
must 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] (August 2023) form must comply with Title 27, C.F.R. Part 178, Section
178.124, and with Section
790.065, F.S.
(2) Section B of the ATF F-4473 [5300.9]
(August 2023) form must be completed by the potential buyer or transferee. The
dealer must ensure that Section B 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] Section B (August 2023) 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.
(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.
(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.
(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] Section B (August
2023) to FDLE.
(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 or within the specified time
frame as contained in Sections
790.065 and
790.0655, F.S. Unless compliance
with the requirements of this section is excused as provided in Section
790.065(10),
F.S., if 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.
(7) The dealer will record the decision and
number provided by FDLE in the box in the top right corner labeled,
Transferor's/Seller's Transaction Number and in the NICS or State transaction
number block of ATF form F-4473 (5300.9) Section C (August 2023). When the
transaction is approved, the dealer should complete Section C of the ATF form
F-4473.
(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. July 2019), incorporated herein by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-16816,
and 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 copy of the appeal form
can be found on the FDLE website at
https://www.fdle.state.fl.us/FPP/Documents/Appeal-Form.aspx or will be provided
by FDLE to dealers upon request. Such requests should be directed to:
Florida Department of Law Enforcement
Firearm Eligibility Bureau
Post Office Box 1489
Tallahassee, Florida 32302-1489
Telephone Number: (850)410-8139
Email: FPP@fdle.state.fl.us
As 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.
(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.
(10) Questions about invoices received should
be directed to:
Florida Department of Law Enforcement
Office of Financial Management
Post Office Box 1489
Tallahassee, Florida 32302-1489
Telephone Number: (850)410-7156
Email: FDLEAccountsReceivable@fdle.state.fl.us
(11) Payment returned for any
reason will be subject to the service fee as provided by Section
215.34, F.S. Failure 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.
(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.
(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]
(August 2023) 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.
(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
790.065, F.S.
(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.
(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.
(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.
(18) Dealers are required to notify FDLE of
any changes in their business or mailing address, electronic mail address
(e-mail), telephone number, or federal license status. Failure to do so will
result in the dealer's identification number being suspended. When the correct
address(es) 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.
(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.
(20) Any questions regarding these procedures
for the sale and delivery of firearms or appeal of non-approval should be
directed to:
Florida Department of Law Enforcement
Firearm Eligibility Bureau
Post Office Box 1489
Tallahassee, Florida 32302-1489
Telephone Number: (850)410-8139
Email: FPP@fdle.state.fl.us
Notes
Rulemaking Authority 790.065, 943.03(4) FS. Law Implemented 790.065, 790.0655 FS., Title 18, U.S.C., Chapter 44, and Title 27, C.F.R., Part 178.
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, 8-30-23.
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