Florida Statutes

Fla. Stat. § 790.0655 (2025)

Purchase and delivery of firearms; mandatory waiting period; exceptions; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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790.0655 Purchase and delivery of firearms; mandatory waiting period; exceptions; penalties.—

(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.

(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 or concealed firearms license.

(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.

(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.

(4) For purposes of this section, the term:

(a) “Holder of a concealed weapons or concealed firearms license” includes all of the following:

1. A person who holds a valid license issued under s. 790.06.

2. A law enforcement officer, correctional officer, or correctional probation officer as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9).

3. A servicemember as defined in s. 250.01.

(b) “Purchase” means the transfer of money or other valuable consideration to the retailer.

(c) “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).

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; s. 11, ch. 2023-18; s. 2, ch. 2025-120.

Arrestable Offenses under F.S. 790.0655

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§790.0655(3a)WEAPON OFFENSEVIOLATE 3 DAY WAITING PERIOD PURCHASE FIREARMF · 3rd

§790.0655(3b)WEAPON OFFENSEBUYER OBTAIN DELIVERY OF A FIREARM BY FRAUDF · 3rd

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2014–2025 · leading case: Fredric Mance, Jr. v. Jefferson Sessions, I, 896 F.3d 699 (5th Cir. 2018).

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Fredric Mance, Jr. v. Jefferson Sessions, I, 896 F.3d 699 (5th Cir. 2018). “ll or deliver "any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal…”

Silvester v. Harris, 41 F. Supp. 3d 927 (E.D. Cal. 2014). · cites it 2× “Fla. Stat. § 790.0655 (l)(a). . Haw.Rev.Stat.”

Fredric Mance, Jr. v. Jefferson Sessions, I, 880 F.3d 183 (5th Cir. 2018). “§ 922 (b)(3)(A) (providing that an FFL may sell or deliver "any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale,…”

Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). · cites it 8× “According to Pretzer, FDLE impermissibly modified the statutorily prescribed process by creating a fourth class of potential buyers: those with a “decision pending” status under section 790.0655. Pretzer claimed that those who fall in that new category lack the benefits of the…”

Silvester v. Becerra (2018). “2 See Fla. Stat. §790.0655 (2017) (3 days for handguns); Iowa Code Ann.”

Richard A. Kinmon v. State of Alaska, 451 P.3d 392 (Alaska Ct. App. 2019). “19 Fla. Stat. Ann. § 790.0655 (1)(a) (West 2018).”

Ortega v. Lujan Grisham (10th Cir. 2025). “at 7; compare RMGO, 121 F.4th at 124 (noting 20 states had set the minimum purchase age for a firearm at 21).”

— 790.0655(1)(a) — 1 case

Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). “According to Pretzer, FDLE impermissibly modified the statutorily prescribed process by creating a fourth class of potential buyers: those with a “decision pending” status under section 790.0655. Pretzer claimed that those who fall in that new category lack the benefits of the…”

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