STORAGE NAME: h0759a.CRM
DATE: 3/12/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 759
TITLE: Minimum Age for Firearm Purchase or Transfer
SPONSOR(S): Salzman and Sirois
COMPANION BILL: SB 920 (Collins)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
13 Y, 5 N
Judiciary
SUMMARY
Effect of the Bill:
The bill reduces the minimum age requirement to purchase a firearm from 21 to 18 for both the retail purchase of a
firearm from a federal firearms licensee (FFL) and the purchase of a firearm in a private sale. The bill also reduces
the minimum age by which the retail sale of a firearm may be made or facilitated by an FFL from 21 to 18.
As such, 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, such as a shotgun or rifle, from an FFL or in a private sale. A person under 21 years of age
would still be prohibited under federal law from purchasing a handgun from an FFL, however, under the bill, a
person who is 18 years of age or older may purchase a handgun from private seller.
Fiscal or Economic Impact:
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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill reduces the minimum age requirement to purchase a firearm from 21 to 18, which applies to purchases
from either a federal firearms licensee (FFL) or in a private transaction. 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 in a private transaction. (Section 1).
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 in a private transaction.
The effective date of the bill is July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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RELEVANT INFORMATION
SUBJECT OVERVIEW:
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.
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
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.
1 18 U.S.C. § 922(a)(1)(A).
2 18 U.S.C. § 922(t).
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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Minimum Age Requirement to Purchase a Firearm
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 delivery 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 are 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
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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:
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.
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.
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 However, for the purchase of a rifle or shotgun, a law enforcement officer, correctional officer, or servicemember is exempt from the
minimum age requirement. As such, a law enforcement officer, correctional officer, or servicemember who is under 21 years of age 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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Legal Challenge to Firearm Purchase Age Requirement
After 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. The Eleventh Circuit heard oral arguments in the case on October 22,
2024 and the Court’s decision remains pending.
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-automatic rifle, but have a
13 A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 or 775.083, F.S.
14 S. 790.22(5)(b), F.S.
15 These states are California, Colorado, Delaware, Florida, Hawaii, Illinois, Rhode Island, and Vermont. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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minimum age requirement of 18 for other long guns.
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.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 HB 1223 Payne and Sirois None The bill passed the House, but
died in the Senate.
2023 HB 1543 Payne and Sirois None The bill passed the House, but
died in the Senate.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 13 Y, 5 N 3/12/2025 Hall Padgett
Judiciary Committee
16 These states are Connecticut, Massachusetts, 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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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