Appeal Forms may be obtained from the licensed firearms dealer at the time of the non-approval. It should be filled out in its entirety and mailed to the Firearm Purchase Program as indicated on the Appeals Form. Fingerprinting services may only be obtained from local law enforcement agencies and may be rolled onto the form or a separate fingerprint card may be attached. Fingerprints rolled by a non-law enforcement agency will be rejected and returned without processing. Appeals must be received within 60 days of the date of the non-approval or the appeal will be rejected. If the licensed firearms dealer is unable to provide an Appeals Form, it can be downloaded here: FDLE Appeal Form. The customer can also contact the FPP Customer Service line at 850-410-8139. Be prepared to provide the queue or non-approval number, which is available from the firearms dealer.

Mailing Address:
Florida Department of Law Enforcement
Firearm Eligibility Bureau - Appeals
P.O. Box 1489
Tallahassee, FL 32302

The Appeal Process

The Appeals Team receives between three and four thousand (3,000-4,000) appeals per year, so please be advised that appeal processing times will vary due to the nature of the appeal and the volume of appeals currently in process. Documentation to assist with the appeal must be received at the time of intake with the completed Appeal Form. The Appeals Team will verify any documentation received to ensure it is valid.

• Once a customer's Appeal Form is received, it will be logged for processing by our Appeals Team. All logged appeals are processed and researched in the order they were received by the Team. The customer's fingerprints are compared to the fingerprints of the firearm-disqualifying record(s). If the customer's fingerprints are not a match to the disqualifying record, the customer's record will be reviewed for any other disqualifying records. If there are no subsequent disqualifying records, the decision will be overturned. Note: Some entries in the Federal Bureau of Investigation's (FBI) National Instant Criminal Background Check System (NICS) are not fingerprint based, so the fingerprints submitted on the Appeal Form may not be compared for this type of disqualifying record. Our Appeals Team will make a final determination based on the Name, Date of Birth, Social Security Number (SSN), and any additional identifiers in the record submitted by the entering agency.
• If the fingerprints are a match to the disqualifying record(s), the Appeals Team will review the criminal history record that is the basis for the non-approval. If the criminal history record appears to be valid and correct, the non-approval decision will be upheld and the customer will receive a denial letter. The denial letter will indicate which firearm prohibitor(s) are disqualifying and any applicable agency contact information will be provided. For denials upheld based on a Florida criminal history record, the customer can challenge the firearm-prohibiting information by completing a Personal Review through the Criminal History Record Maintenance Section. For denials upheld based on an out-of-state criminal history record, the customer must contact the agency listed in the denial letter to challenge the record and have it updated accordingly.
• If upon review, documentation provided by the customer appears to contradict the disqualifying criminal history record(s), the Appeals Team will conduct the necessary follow-up research needed to either overturn or uphold the non-approval decision. Ultimately, it is the customer's responsibility to ensure the criminal history reflects accurate information.

Letters of approval expire 30 days from the date they are issued and may be used for a one-time purchase at the firearms dealer in which you received your non-approval; if you attempt to take the approval letter to a different firearms dealer, the purchase will be denied. Lost and/or expired letters will not be re-issued unless the U.S. Postal Service has returned the letter to the Appeals Team as undeliverable. Letters upholding the non-approval will refer you to the agency or agencies that may be able to assist you with rectifying the issue that is preventing you from purchasing a firearm. The Appeals Team cannot update out-of-state criminal history record information or entries in the FBI's NICS database.

Tips for Submitting an Appeal

• Please remember to sign your Appeal Form or it will be returned to you without being processed.
• Please list the address that you would like your final decision letter mailed to if it is different than your home address.
• Should you move before the completion of your appeal, please notify the Firearm Eligibility Bureau, Appeals Team of your new address to ensure that your final decision letter is mailed to the appropriate address. If emailing FPP@fdle.state.fl.us, be sure to add your full name and queue number or non-approval number in your email. You can also reach out via the FPP Customer Service Line at (850) 410-8139.
• Be advised that a re-appeal will not be accepted by the Appeals Team if the disqualifying record has not been updated or removed by the appropriate agency.

The FBI NICS Program will accept appeals when a customer has been denied a firearm based on an error or inaccuracy and the customer is able to provide the documents needed to prove and correct the error. Please be advised that the completion and overturning of a non-approval decision at the FBI does not change the non-approval decision in Florida's Firearm Eligibility System. An appeal must be filed with the FDLE. The FBI NICS does not have time restrictions on when a record may be submitted to request a record correction. To find out how to submit a request to the FBI NICS Program, please visit the FBI NICS Appeals page or call toll-free 1-877-FBI-NICS (1-877-324-6427).

Federal law prohibits the use of fingerprints for any reason other than the reason they were submitted. If you were fingerprinted for licensing or employment, those fingerprints cannot be used to process a firearm appeal. FDLE Appeal Form 40-020 must be submitted with new fingerprints as part of the appeal process. The fingerprinting must be done by a law enforcement agency.

If the Appeals Team has reviewed your appeal and feels you would benefit from a Unique Personal Identification Number (UPIN), information on submitting a Voluntary Appeal File (VAF) with the FBI will be provided to you along with your appeals letter. If the FBI assigns a UPIN, you can provide that number to the firearms dealer when you attempt to purchase. Including a UPIN will help confirm your identity during the background check process and can assist in eliminating process delays. More information on submitting a VAF to the FBI can be found on the FBI's Voluntary Appeal File page.

Yes, the FDLE will accept a request for a re-appeal for up to two years after the initial background check was conducted. Once the disqualifying record has been updated or removed from your criminal history, re-appeal requests can be made via mail or email at FPP@fdle.state.fl.us. If the disqualifying record is still present on your record, the FDLE may reject your request for a re-appeal. If you have any questions, please refer to the appeals letter you received. The letter will inform you of the agency that will assist you in resolving the disqualifying record(s).

Download an Appeal Form

As a Point of Contact (POC) state, the FPP will conduct, in conjunction with the criminal justice agency disposing of a firearm, a background check on the firearm owner or designated recipient to ensure that the person to whom the firearm will be transferred is not prohibited from possessing a firearm. The decision to return a firearm after the completion of the background check is at the sole discretion of the CJA.

You can contact the Firearm Purchase Program (FPP) by calling our Technical Assistance Line (850)-410-8140 or sending an email (FPP@fdle.state.fl.us).

Under the submissions tab you will be able to see transactions submitted for the last 30 days. For transactions older than 30 days, you will need the control number of the transaction. Using the search bar on the left-hand side of FES, enter the control number to view the transaction.

Section §790.065, F.S. requires demographic information to be purged from the system within 48 hours for all transactions resulting in an NPF.

All prohibitors found transactions will be purged from our system after 2 years.

Applicants are not required to provide their SSN for the purpose of the background check. However, due to the nature of the NICS check being conducted, it would be beneficial to provide as much demographic information as possible to accurately match an individual to a record. Applicants can also provide the last four digits of their Social Security Number, if desired.

All transactions are submitted to the Firearm Eligibility System online through the CJNet. If assistance is needed, Criminal Justice Agencies (CJA) can call the Firearm Purchase Program (FPP) Technical Assistance Line at (850) 410-8140. The Technical Assistance Line is available 7 days a week, 12 hours a day, from 9:00 a.m. to 9:00 p.m., Eastern Time (with the exception of Christmas Day and New Year’s Day).

Criminal Justice Agencies (CJA) must submit an email to FPP with the required information below. The email should be addressed to FPP@fdle.state.fl.us, with “CJA DOF Enrollment” in the subject line. CJAs will need to provide:

• Agency ORI Number
• Agency Name
• Agency Mnemonic
• Physical Agency Address
• County and FDLE Region
• Agency Phone Number
• Agency Email (optional)
• Agency Fax (optional)
• Administrator Name: First Name, Middle Name (or Middle Initial), Last Name
• Administrator Email
• Administrator Phone Number

Upon receipt of the enrollment request, a response email will be sent with a link to log into FES, as well as copies of the DOF manual and a sample claimant form. The administrator will have the permission to create, delete, or edit any additional users or administrators necessary for their agency.

Agencies will need to create a policy for their agency on how to handle returning firearms before they submit an enrollment request to use FES. Some things to consider when creating the policy are listed below:

• How will your agency verify:
  
  • Age of claimant
  • Proof of ownership
  • Acceptable ID
  • Residency
• How will agency handle a subject that wants to contest Prohibitor Found?

The sample claimant form is a DOF version of the ATF 4473 that captures the claimant’s demographic information before having it submitted into FES. Your agency can opt to use the sample form we provide or create an agency-specific version.

What is the role of the Florida Department of Law Enforcement (FDLE) Firearm Purchase Program (FPP) in the Disposition of Firearms?
As a Point of Contact (POC) state, the FPP will conduct, in conjunction with the criminal justice agency disposing of a firearm, a background check on the firearm owner or designated recipient to ensure that the person to whom the firearm will be transferred is not prohibited from possessing a firearm. The decision to return a firearm after the completion of the background check is at the sole discretion of the CJA.

Is there a cost for having the FDLE FPP complete a record check for the purpose of returning a firearm?
There is not a fee for DOF transactions. The return of a single firearm or multiple firearms, at one time and location, is considered a single transaction.

• NPF: The background check results indicate the claimant is not prohibited from possession of a firearm.
• RP: The criminal history is missing information and additional research is needed before the background check is completed. FDLE will contact the appropriate agency(ies) in an attempt to acquire the missing information.
• PF: The background check results indicate the claimant matches a subject whose criminal history record reflects prohibitions for possession of a firearm under state and federal law.

• Felony conviction (or equivalent);
• Under Indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
• Fugitive from justice (active felony or disqualifying misdemeanor warrant);
• Unlawful user of a controlled substance;
• Adjudicated mentally defective or has been committed to a mental institution;
• Illegal aliens or aliens admitted to the US under a nonimmigrant visa and do not meet a Federal exception;
• Dishonorably discharged from the United States Military;
• Renounced US Citizenship;
• Respondent of active injunction for protection or Risk Protection Order;
• Convicted of a misdemeanor crime of domestic violence;
• Adjudicated delinquent (as a juvenile) for a crime equivalent to a felony and not yet reached 24 years of age.

• Fill out the ATF Form 4473 provided by the firearm dealer.
• You will be required to provide a valid government issued photo identification.
• The dealer will submit your personally identifying information to the Firearm Purchase Program at FDLE.
• An analyst will perform the required queries and compare responses to your demographics (name, race, sex, date of birth, etc.) and determine your eligibility to purchase a firearm according to state and federal law.
• The analyst will provide a transaction number (queue number) and a decision (approve, non-approve, or decision pending).

The Firearm Purchase Program (FPP) and the FBI NICS Section both fulfill the requirements of the Brady Handgun Violence Prevention Act of 1993 by performing background checks on potential transferees before the transfer of a firearm from a Federal Firearm Licensee (FFL – firearm dealer) and a non-licensed individual.

FPP serves as the point of contact for background checks performed by FFLs in Florida. There is only one exception and that is for pawn brokers who are running a background check for a pawn redemption occurring less than 90 days from the date of pawn. These firearm dealers may contact the FBI NICS for these background checks. FPP checks state databases in addition to the systems checked by the FBI and therefore, the results of the background check may be different.

The queue number is issued to the Federal Firearm Licensee and noted on the ATF Form 4473 to identify a particular background check. It is helpful to have your queue number if you call FPP's customer service line, or to check the status of your background check online. This number is also needed to file an appeal. You may obtain your queue number from the firearm dealer.

Florida statute requires a completed background check before a Federal Firearm Licensee (FFL) may transfer a firearm to a non-licensed person. 98% of all transactions are resolved within minutes of being received. 96% of all transactions are approved, just under 2% are non-approved. Additional information is needed before a final decision can be made for the remaining 2%.

The pending transaction is immediately forwarded to the Firearm Eligibility Bureau, Eligibility Research Unit (ERU) and is assigned to a team of analysts who will conduct research until sufficient information has been received to make a final decision. Please be aware that research for federal, military, out of state, and pre-1990 records may take longer.

You can check on your pending firearm transaction using the Firearm Transfer Status Check.

The most common reason a transaction may be in pending status is a criminal history record (arrest) is missing court disposition information. It could be the charge was dismissed but the dismissal was not reported or correctly associated with your record. Another possible reason is the charge level (felony or misdemeanor) is either missing from the record or for states that do not report levels, there is insufficient information to determine whether the charge is equivalent to a felony.

If you have court documentation, providing it to the Eligibility Research Unit could help to expedite the research. All documentation provided by citizens must be validated before a final decision can be made. You may fax your documentation (with queue number on the document or on a fax cover sheet) to 850-410-8138 or scan and email a copy to FPP@fdle.state.fl.us.

Your personally identifying information matched a record containing a prohibition. There are ten categories of persons who are not eligible to purchase or possess a firearm under federal law (Title 18, United States Code 922(g)(1)-(9), (n)). They are:

1. Convicted of a felony (or equivalent)
2. Fugitive from justice
3. Unlawful user or addicted to a controlled substance
4. Adjudicated mentally defective or involuntarily committed to treatment
5. Illegal alien
6. Dishonorable discharge from the US Armed Forces
7. Renounced United States citizenship
8. Active protection order (restraining order, injunction for protection, etc.)
9. Convicted of a misdemeanor crime of domestic violence
10. Under indictment or information for a felony

In addition to federal law, Florida law prohibits persons who:

• Are adjudicated delinquent of a crime that would have been a felony if committed by an adult until the age of 24 or until record is expunged.
• Receive “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.
• Were recently arrested for a potentially disqualifying crime which has not been dismissed or disposed of in court.

Yes. Arrests, events, and convictions that occurred while serving in the armed forces are evaluated during a background check. Arrests, events, and convictions from other countries are treated the same as if they occurred in the United States.

The age of the offense is not relevant. Some convictions are prohibiting until a subsequent qualifying court action, pardon, or restoration of rights process occurs causing the conviction to meet an exception to state or federal law.

For the purpose of a firearm background check, arrests in a Florida criminal history record that have been sealed are relevant and may impact your eligibility to purchase a firearm.

Juvenile arrests that resulted in an adjudication of delinquency are disqualifying for the purchase of a firearm until the individual has reached 24 years of age or until the record is expunged. Juvenile arrests for potentially disqualifying charges that are missing a disposition may be delayed for research to determine the disposition or if you were tried as an adult. If tried as an adult, a disposition of ‘guilty’ for a felony is a lifetime prohibition unless pardoned or rights are otherwise restored.

A copy of your Florida criminal record may be obtained from FDLE for a fee using our online criminal history record search.

National criminal histories may be obtained from the FBI or directly from the state where the record is held. Many states post information on the internet about how to challenge the accuracy or completeness of a criminal record or directly from the state where the record is held.

• Florida criminal records: Contact FDLE's Criminal History Record Maintenance Section.
• For criminal records in other states: Contact the criminal record repository in the state where the arrest(s) occurred.
• For federal criminal records: Contact the FBI.

You must contact the state or federal government where the arrest occurred and apply to have the record sealed or expunged.

Florida criminal records: Contact FDLE's Seal and Expunge Section.

There are ten categories of persons who are not eligible to purchase or possess a firearm under federal law (Title 18, United States Code 922(g)(1)-(9), (n)). They are:

1. Convicted of a felony (or equivalent)
2. Fugitive from justice
3. Unlawful user or addicted to a controlled substance
4. Adjudicated mentally defective or involuntarily committed to treatment
5. Illegal alien
6. Dishonorable discharge from the US Armed Forces
7. Renounced United States citizenship
8. Active protection order (restraining order, injunction for protection, etc.)
9. Convicted of a misdemeanor crime of domestic violence
10. Under indictment or information for a felony

In addition to federal law, Florida law prohibits persons who:

• Are adjudicated delinquent of a crime that would have been a felony if committed by an adult until the age of 24 or until record is expunged.
• Receive “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.
• Were recently arrested for a potentially disqualifying crime which has not been dismissed or disposed of in court.

• Must be 21 years of age. Rifles and shotguns may be purchased by a person who is at least 18 when that person is a law enforcement officer or correctional officer as defined in F.S. 943.10 or service member as defined in F.S. 250.01.
• Must be a Florida resident to purchase a handgun. Long guns may be purchased by persons who are residents of other states so long as the sale complies with applicable laws in the purchaser’s state of residence.
• Legal permanent resident aliens who are Florida residents may purchase a firearm and must provide a valid alien registration number. Non-resident aliens visiting Florida must present a border crossing number (I-94) and a valid exception document .
• Florida does not require a permit to purchase a firearm nor is there a permit that exempts any person from the background check requirement.
• There is a waiting period of three days, excluding weekends and state holidays, between purchase and delivery of all firearms. Individual counties and cities have the authority to enact local ordinances extending the waiting period to as much as five days. Please consult local ordinances for more detailed information.
• There is no limit to the number of firearms that may be transferred in a single transaction. The transaction is considered complete once the dealer has completed and signed the ATF Form 4473. An additional transfer (whether minutes later, the next day, or the next month) requires an additional background check.