This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1223a.CRJ
DATE: 1/30/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1223 Minimum Age for Firearm Purchase or Transfer
SPONSOR(S): Payne and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 11 Y, 5 N Padgett Hall
2) Judiciary Committee
SUMMARY ANALYSIS
Both state and Federal law regulate the purchase of firearms, which can either be made through a federal
firearms licensee (FFL) or through a private sale. Generally, the minimum age required to purchase a firearm
varies depending on the type of firearm purchased and whether the seller is an FFL or a private citizen. The
sale of a firearm by an FFL is generally subject to greater restrictions than those imposed on a sale by a
private citizen.
An FFL may not sell or deliver a firearm to any person if the purchase or possession by the firearm purchaser
would be in violation of any state law where the sale or delivery will occur. Thus, if a state imposes
requirements for the purchase or possession of a firearm which are greater than Federal law, an FFL may not
sell or deliver a firearm to a prospective purchaser unless he or she satisfies the more restrictive state
requirements. If a state imposes requirements on the purchase or possession of a firearm that is less
restrictive than Federal law, Federal law applies. In sum, Federal law relating to the purchase and sale of a
firearm acts as the “floor,” but states may impose more restrictive requirements if they choose to do so.
In 2018, Florida raised the minimum age to purchase a firearm from 18 to 21. Prior to 2018, the minimum age
to purchase a long gun was 18 and the minimum age to purchase a handgun was 21, consistent with Federal
law. Under current law, s. 790.065(13), F.S., generally prohibits, punishable as a third degree felony:
A person younger than 21 years of age from purchasing a firearm, which includes both a long gun and
a handgun.
A licensed importer, licensed manufacturer, or licensed dealer (i.e. an FFL) from facilitating any sale or
transfer of a firearm to a person younger than 21 years of age.
HB 1223 amends s. 790.065(13), F.S., to reduce the minimum age requirement to purchase a firearm from 21
to 18, which applies to purchases from either an FFL or a private seller. The bill also reduces from 21 to 18 the
minimum age of a purchaser to which an FFL may make or facilitate a sale or transfer of a firearm.
Under the bill, a person who is 18 years of age or older and who is not otherwise prohibited from purchasing a
firearm may purchase a long gun from either an FFL or a private seller.
Since the sale of a handgun by an FFL to a person under 21 years of age remains prohibited under Federal
law, a person under the age of 21 would not be able to purchase a handgun from an FFL in Florida. Under the
bill, a person who is 18 years of age or older may purchase a handgun from a private seller.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h1223a.CRJ PAGE: 2
DATE: 1/30/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Purchase and Sale of Firearms
Federal Firearms Licensee
A person may not engage in the business of importing, manufacturing, or dealing in firearms unless he
or she is licensed by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
1
A
federal firearms licensee (FFL) must comply with both state and Federal law when selling a firearm,
including verifying that a prospective purchaser meets the minimum age requirement to purchase a
firearm and verifying that a prospective purchaser is not prohibited from purchasing a firearm by
completing a background check to ensure the person purchasing the firearm is not prohibited from
doing so.
2
Under 18 U.S.C. s. 922(g), a person is disqualified from purchasing a firearm if the person:
Is convicted of a crime punishable by imprisonment exceeding one year;
Is a fugitive from justice;
Is an unlawful user or addicted to any controlled substance as defined in 21 U.S.C s. 802;
Has been adjudicated as a mental defective or has been committed to any mental institution;
Is an illegal alien;
Has been discharged from the Armed Forces under dishonorable conditions;
Has renounced his or her U.S. citizenship;
Is subject to a court order restraining the person from harassing, stalking or threatening an
intimate partner or child of the intimate partner; or
Has been convicted of a misdemeanor crime of domestic violence.
Section 790.065(2), F.S., disqualifies a person from purchasing a firearm if the person:
Has been convicted of a felony and is prohibited from receipt or possession of a firearm
pursuant to s. 790.23, F.S.;
Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited
from purchasing a firearm;
Has had a withhold of adjudication or imposition of sentence suspended on any felony or
misdemeanor crime of domestic violence unless three years have elapsed since probation or
any other court set conditions have been fulfilled or an expunction has occurred;
Has been adjudicated mentally defective, or has been committed to a mental institution by a
court or by voluntary admission to a mental institution after having been involuntarily examined
where additional criteria are met;
Has been indicted or had an information filed against her or him for a felony offense;
Has had an injunction for protection against domestic violence under s. 741.30, F.S., entered
against him or her;
Has had an injunction for protection against repeat violence under s. 784.046, F.S., entered
against him or her;
Has been arrested for a dangerous crime as specified in s. 907.041(4)(a), F.S.; or
Has been arrested for any of the offenses enumerated in s. 790.065(2)(c)1., F.S.
Private Transaction
1
18 U.S.C. § 922(a)(1)(A).
2
18 U.S.C. § 922(t). STORAGE NAME: h1223a.CRJ PAGE: 3
DATE: 1/30/2024
A person may also purchase a firearm through a private transaction (i.e. purchasing a firearm from a
person who is a private citizen and not an FFL). Many of the requirements that apply to the sale of a
firearm by an FFL do not apply to a private transaction. A seller in a private transaction is not explicitly
required to verify a purchaser’s age
3
or required to complete a background check
4
prior to transferring a
firearm to a purchaser.
Minimum Purchase Age
An FFL may not sell or deliver a firearm to any person if the purchase or possession of the firearm by
the purchaser would be in violation of any state law where the sale or deliver will occur.
5
Thus, if a state
imposes requirements for the purchase or possession of a firearm which are greater than Federal law,
an FFL may not sell or deliver a firearm to a prospective purchaser unless he or she satisfies the more
restrictive state requirements. If a state imposes requirements on the purchase or possession of a
firearm that is less restrictive than Federal law, Federal law applies. In sum, Federal law relating to the
purchase and sale of a firearm acts as the “floor,” but states may impose more restrictive requirements
if they choose to do so.
Federal Law
Sale or Delivery of a Firearm – Purchase from a Federal Firearms Licensee
Type of Firearm Minimum Age to Purchase
6
Long Gun
7
18
Handgun 21
Sale or Delivery of a Firearm – Purchase from a Private Seller
Type of Firearm Minimum Age to Purchase
Long Gun No minimum age
Handgun 18
8
Florida Law
Purchase of a Firearm
In 2018, Florida raised the minimum age to purchase a firearm from 18 to 21.
9
Prior to 2018, the
minimum age requirement to purchase a long gun from an FFL was 18 and the minimum age to
purchase a handgun from an FFL was 21, consistent with Federal law. Under current law, s.
790.065(13), F.S., generally prohibits:
3
A private seller is prohibited from selling, delivering, or otherwise transferring a handgun to a person who the transferor knows or has
reasonable cause to believe is under 18 years of age. 18 U.S.C. §922(x)(1)(A).
4
A private seller may not sell or dispose of a firearm to any person who the seller knows, or has reasonable cause to know, is
prohibited from purchasing a firearm due to his or her prior criminal history, immigration status, or mental condition. 18 U.S.C. § 922.
5
18 U.S.C. § 922(b)(2).
6
18 U.S.C. § 922(b)(1).
7
A “long gun” includes firearms other than a handgun, such as a rifle or shotgun. See 18 U.S.C. § 922(b)(1).
8
18 U.S.C. § 922(x)(1)(A). There are exceptions for the temporary transfer and possession of handguns for specified activities,
including employment, ranching, farming, target practice and hunting. 18 U.S.C. § 922(x)(3).
9
Ch. 2018-3, Laws of Fla. STORAGE NAME: h1223a.CRJ PAGE: 4
DATE: 1/30/2024
A person younger than 21 years of age from purchasing a firearm,
10
which includes both a long
gun or a handgun.
A licensed importer, licensed manufacturer, or licensed dealer (i.e. an FFL) from facilitating any
sale or transfer of a firearm to a person younger than 21 years of age.
11
A person who violates this prohibition commits a third degree felony.
12
Under Florida law, it is not a crime for a private party to sell or transfer a firearm to a person who is 18
years of age or older but less than 21 years of age.
Furnishing Firearms to Minors
Section 790.17(2), F.S., prohibits a person from knowingly or willfully selling or transferring a firearm to
a minor under 18 years of age without the permission of the minor’s parent or guardian, a violation of
which is punishable as a third degree felony.
Possession of Firearms by a Minor
Section 790.22, F.S., prohibits a minor under 18 years of age from possessing a firearm, other than an
unloaded firearm at his or her home unless:
The minor is engaged in a lawful hunting activity and:
o Is at least 16 years of age; or
o Under 16 years of age and supervised by an adult.
The minor is engaged in a lawful marksmanship competition or practice or other lawful
recreational shooting activity and:
o Is at least 16 years of age; or
o Under 16 years of age and supervised by an adult who is acting with the consent of the
minor’s parent or guardian.
The firearm is unloaded and is being transported by the minor directly to or from a lawful
hunting or recreational shooting event.
A first violation is punishable as a first degree misdemeanor.
13
A second or subsequent violation is
punishable as a third degree felony.
14
Other States
The states that require a person to be 21 years of age or older to purchase a long gun are reflected in
blue in the map below.
15
The states in green require a person to be 21 or older to purchase a semi-
10
This restriction applies only to the purchase of a firearm by a person under 21 years of age. A person under 21 years of age may
legally possess a firearm he or she receives as a gift or by other lawful means other than a purchase.
11
A person who is a law enforcement officer, correctional officer, or servicemember may purchase a rifle or shotgun from a licensed
importer, licensed manufacturer, or licensed dealer, or a private seller. S. 790.065(13), F.S.
12
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
13
A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 and 775.083.
14
S. 790.22(5)(b), F.S. STORAGE NAME: h1223a.CRJ PAGE: 5
DATE: 1/30/2024
automatic rifle.
16
The states in red either have a minimum age requirement of 18 to purchase a long
gun from an FFL or do not have a minimum age requirement and default to the Federal minimum age
limit of 18.
Effect of Proposed Changes
HB 1223 amends s. 790.065(13), F.S., to reduce the minimum age requirement to purchase a firearm
from 21 to 18, which applies to purchases from either an FFL or a private seller. The bill also reduces
from 21 to 18 the minimum age of a purchaser to which an FFL may make or facilitate the sale or
transfer of a firearm.
Under the bill, a person who is 18 years of age or older and not otherwise prohibited from purchasing a
firearm may purchase a long gun from either an FFL or a private seller.
Since the sale of a handgun by an FFL to a person under 21 years of age remains prohibited under
federal law, a person under the age of 21 remains ineligible to purchase a handgun from an FFL in
Florida. Under the bill, a person who is 18 years of age or older may purchase a handgun from a
private seller.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 790.065, F.S., relating to sale and delivery of firearms.
Section 2: Provides an effective date of July 1, 2024.
15
These states are California, Colorado, Delaware, Florida, Hawaii, Illinois, Rhode Island, and Vermont.
16
These states are Connecticut, New York, and Washington. A semi-automatic rifle is any repeating rifle which utilizes a portion of the
energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the
trigger to fire each cartridge. 27 C.F.R. §478.11. STORAGE NAME: h1223a.CRJ PAGE: 6
DATE: 1/30/2024
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill increases the number of people who are eligible to purchase a firearm by lowering the
minimum purchase age for a firearm from 21 to 18. To the extent that people who are newly eligible to
purchase a firearm under the bill choose to purchase a firearm, the bill may have a positive fiscal
impact on businesses engaged in the sale of firearms and firearm-related products.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Florida increased the minimum age requirement to 21 to purchase all firearms in 2018. The National
Rifle Association challenged the law, alleging the increased minimum age requirement violated the
Second and Fourteenth Amendments to the United States Constitution. On March 9, 2023, the
United States Court of Appeals for the Eleventh Circuit ruled in favor of Florida, holding that
prohibiting a person under 21 years of age from purchasing a firearm was consistent with the
historical tradition of firearm regulation at the time the Fourteenth Amendment, which makes the
Second Amendment applicable to the states, was ratified in 1868. The court also found the
prohibition on a person under 21 years of age from purchasing a firearm was analogous to historical
statutes from other states that were in effect when the Fourteenth Amendment was ratified, was no
more restrictive than those statutes, and was enacted with the same goal of improving public safety.
Nat’l Rifle Ass’n. v. Bondi, 2023 WL 2416683 (11th Cir. 2023). However, on July 14, 2023, the
Eleventh Circuit granted a motion for a rehearing en banc and vacated the opinion. A decision in the
case remains pending.
B. RULE-MAKING AUTHORITY: STORAGE NAME: h1223a.CRJ PAGE: 7
DATE: 1/30/2024
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COM MITTEE SUBSTITUTE CHANGES