Private Sale at Broward County, FL Gun Show


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sig228
June 11, 2009, 12:29 AM
Look like no exception for a NICS check or waiting period (unless buyer has a CHL) on private gun show transactions according to this county ordinance:

Sec. 18-96. Waiting period; prohibition.
There shall be a mandatory five-day waiting period, which shall be five days, excluding weekends and legal holidays, in connection with the sale of firearms occurring within Broward County when the sale is a transfer of money or other valuable consideration, and any part of the sale transaction is conducted on property to which the public has the right of access. Some examples of properties to which the public has a right of access are: gun shows, firearm exhibits, wholesale and retail stores, and flea markets. No person shall transfer or receive a firearm to or from another person for five days from the hour of such sale, excluding weekends and legal holidays, when the sale is a transfer of money or other valuable consideration, and any part of the sale transaction is conducted on property to which the public has the right of access. An uninterrupted, continuous, and cumulative aggregate of 120 hours must elapse between such sale and receipt of the firearm, excluding the hours of weekends and legal holidays. A person who violates the prohibition of this Section is guilty of a violation of a county ordinance, punishable as provided in 125.69, F.S. and the violation shall be prosecuted in the same manner as misdemeanors are prosecuted.
(Ord. No. 1998-45, 1, 12-8-98)

Sec. 18-97. Criminal history records check; requirement; prohibition.
(a) Legislative intent. It is the intent of the Board of County Commissioners, in the exercise of its constitutionally-granted authority, to ensure that no firearm is sold, offered for sale, or transferred where any part of the transaction is conducted on property to which the public has a right of access unless a national criminal history background check is conducted. As of the dates of the enactment and effectiveness of this Ordinance, Florida statutory law only allows such checks to be performed for and by licensed dealers, licensed importers, and licensed manufacturers. Therefore, a buyer or seller who is not otherwise a licensed dealer, licensed importer, or licensed manufacturer must use a licensed dealer, licensed importer, or licensed manufacturer as an intermediary to ensure such checks are conducted.

So if I want to sell a gun at this weekend's gun show, I have to sell to a CHL holder and use a FFL to do a NICS check?

Help!!!

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numaone
June 11, 2009, 12:37 AM
I think this is the same thing I saw one county north at West Palm Beach gun show. I was actually looking for the wording for one of these ordinance. When I read it, to me it means a private gun sale in a public place must go through an FFL. There are plenty of FFLs in these common public places like gun show, etc... I think, however, you sell the gun in YOUR or HIS driveway, you are exempt from this and you would sell it just like a dishwasher.

But that's just my uneducated interpretation to this mundane ordinance.

I think I would strike a deal with the guy and then find some private property to complete the sale.

Numaone

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