Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-6 - CRIMINAL HISTORY RECORDS DISSEMINATION POLICY › Section 11C-6.009 - Sale and Delivery of Firearms

Current through Reg. 50, No. 138; July 16, 2024
(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] (May 2020) (Firearms
				Transaction Record) incorporated here by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09688
,
				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] (May 2020) 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] (May
				2020) 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 (May 2020) 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 (May 2020)
				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 when possible or by return 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 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) Section C (May 2020). When the transaction is
				approved, the dealer should complete Section B 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. August 2019), incorporated herein by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-11933
,
				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 supply of the appeal
				forms will be provided by FDLE to dealers upon request. Such requests should be
				directed to:
Florida Department of Law Enforcement
Firearm Purchase Program
Post Office Box 1489
Tallahassee, Florida 32302-1489
Telephone Number: (850)410-8139
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
(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]
				(May 2020) 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 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.
(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 Purchase Program
Post Office Box 1489
Tallahassee, Florida 32302-1489
Telephone Number: (850)410-8139
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.