Illegal Firearms Sales

Under Florida law, firearms dealers must follow certain sales procedures and refuse sales to persons deemed unfit to carry a firearm. When merchants fail to properly investigate a potential buyer, they risk selling a gun to a dangerous individual who may then use the gun to cause harm to himself or others. Firearms laws outline the proper procedure for gun sales to protect gun vendors, the public as a whole, and potential buyers themselves.

For a gun sale to be legal, the seller must be a licensed vendor. All licensed sellers are registered with the state as firearms merchants. Under the law, a seller must check a potential buyer’s ID, state-approved application, and background information. The vendor must also obtain a current photograph of the buyer and a background check fee. Once the background check has been cleared, the vendor may then legally complete the firearms sale.

Firearm Sales Backgrounds Checks

Conducting a background check is arguably the most important obligation that firearms merchants have. They must check each buyer to see if he or she can legally purchase a firearm. If the potential buyer is a felon, alcoholic, drug addict, or vagrant, it is illegal to sell the individual a firearm.

In addition, merchants cannot sell guns to people who are mentally handicapped or to minors under 18 without a parent’s approval. An individual who has had a restraining order filed against him or her because of domestic violence also cannot legally purchase a gun.

If the vendor fails to complete a background check, sells a gun to a person with the knowledge that he or she failed the background check, or otherwise illegal sells a gun, the merchant may be arrested on criminal charges. Selling firearms illegally is a felony offense in Florida that may lead to a long prison sentence and costly fines for any offender.

Contact a West Palm Beach Defense Attorney

For sound legal advice and assistance with your unlawful firearms sales charge, don’t hesitate to contact experienced West Palm Beach criminal lawyer Eric N. Klein & Associates, P.A. today at 561-353-2800.