Background Checks for Handguns Returned to Non-Florida Residents
From: Renuka Watalingam <Renuka.Watalingam@osceolasheriff.org
Hi,
We have historically run subjects’ background checks through FES. We were recently informed that FES will no longer conduct background checks for handguns being returned to non-Florida residents.
How is your agency currently handling these situations? Additionally, would you be able to forward this question to other PEAF members for their input?
Thanks!
Renuka Watalingam <Renuka.Watalingam@osceolasheriff.org
56 Views
UPDATE #2:
From: Victoria Bradley <vbradley@cityofwinterpark.org>
Sent: Wednesday, February 4, 2026 1:09 PM
Good Afternoon everyone,
I reached out to FDLE FPP to get an understanding on this and was provided the below response.
Good afternoon,
We were advised by FBI that they have updated their system to comply with guidance received by ATF. Please see the explanation we received below:
• Per ATF, the nonresidential LEA does not have an exception under the GCA to give/transfer/dispose firearms directly to a nonresident. In those situations, LEA can transfer the nonresident's firearms to an FFL or transfer the firearms to another LEA agency in the transferee's state of residence (per 18 USC 925(a)(1)). Quoted below is the relevant part of what we received back from ATF. (OGC-CW 2/10/2022)
• As 18 U.S.C. § 922(a)(5) makes it unlawful for any person other than an FFL to transfer, give, or deliver a firearm to a non-FFL knowing or having reasonable cause to believe the person doesn’t reside in the transferor’s State, a law enforcement agency would not be able to claim an exemption under [18 USC] § 925(a)(1) to transfer, give, or deliver a firearm to a person not residing in the same State as the law enforcement entity.
We are currently working to make the system automatically reject handgun returns for out-of-state residents to prevent the need to cancel transactions in the future. If you have any questions on how to proceed, please reach out to ATF.
Please let us know if you have any additional questions.
Sincerely,
Firearm Purchase Program
Florida Department of Law Enforcement
Dealer Technical Assistance: (850) 410-8140
7 days a week 9am-9pm
fpp@fdle.state.fl.us