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5-Day waiting period in S. Florida

Discussion in 'Legal' started by numaone, Oct 6, 2009.

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  1. numaone

    numaone Member

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    I was surfing the Florida Firearm statues, something I do when I am bored, and I found an interesting contradiction. In a couple South Florida Counties, like Palm Beach County, there is a 5 day waiting period on ALL firearms(without CCW) including long guns. Now I read statue 790.33, and it indicates this is infact unlawful. What am I missing?

    Hmm, not many people in Florida know about the receipt thing. I didn't know about it until I read the statute today. So if I didn't want to wait to purchase a handgun, I could buy a long gun and bring in the receipt and then not have to wait for the handgun? Sounds fishy to me...

    Numaone
     
  2. scurtis_34471

    scurtis_34471 Member

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    I don't pay much attention to that stuff, because my concealed weapons license exempts me from it.
     
  3. Guns and more

    Guns and more member

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    The waiting period is up to the sheriff. I know, it says not to exceed three days.
    My gun dealer says the waiting period starts when you buy the gun. So if you buy a gun online, have it shipped to your FFL, there is no waiting period beyond that.

    As far as the receipt thing. I'm guessing a gun store will not honor that.
     
  4. brboyer

    brboyer Member

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    Wrong
     
  5. LegalAlien

    LegalAlien Member

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    In FL (this is what the thread is about), there is no sheriff involvement in a firearm purchase process. Period.

    The dealer calls for NICS clearance and that is IT.
     
  6. brboyer

    brboyer Member

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    You have to know where to look:

    Florida Constitution
     
  7. Curator

    Curator Member

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    Law enforcement bends the laws in Florida? Gasp! I can't believe it! At a traffic stop recently in Lee County I had the officer berate me for carying concealed with a loaded gun. (imagine) He claimed I must keep the gun "securely encased" and not within ready access to the driver or passangers despite my Florida CCW permit. He did me a "favor" and didn't arrest me, having given me a stern warning. I'm so lucky!
     
  8. divemedic

    divemedic Member

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    The five day waiting period only applies to firearms sold on public property (IOW- gun shows)
     
  9. gideon_70

    gideon_70 Member

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    I'm a smart ass. I would have asked to speak to the shift super, then demanded that they arrest me for it. Cops have to be trained to be any good ?:)
     
  10. sig228

    sig228 Member

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    I would have immediately filed a complaint against this officer.


    Really???? Where did you get that from?
     
  11. divemedic

    divemedic Member

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    I guess a sale that takes place on the sidewalk would be covered as well, but this law is chiefly designed to cover gun shows, which are usually held in public locations like civic centers or fairgrounds. A gun store, being private property, is not covered, as the public has no right of access.
     
  12. Guns and more

    Guns and more member

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    Wrong about what? (In your opinion)
     
    Last edited: Oct 7, 2009
  13. chuckusaret

    chuckusaret member

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    It is one of the few laws that I agree with that has anything to do with weapons control, keeps the guns out of the convicted felons hands..Get your CCW permit then you don't have the wait.
     
  14. CoRoMo

    CoRoMo Member

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    You're joking, right?
    How does it accomplish that? How could it possibly, ever?
     
  15. legion3

    legion3 Member

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    I remember when we voted on that, seems like just yesterday but it must have been 10 years ago or so.

    As part of the Florida constitution, it granted individual counties not only the right to decide between 3-5 day waiting periods but what private sales were required for regulation. So the rules are different in different counties as to what is required for private sales at gunshows.

    Polk county has no restrictions on gunshow private sales, but technically Tampa and Orlando and certainly Miami do. From an FFL in polk county the three day wait does apply at gunshows.

    PS, I voted no, I didn't want to give such authority to individual counties because of Miami-Dade and the Gold Coast politics. I have not been to a gunshow in Miami but the stories were told of how cops were stationed on every aisle to make sure no private transactions took place. In other parts of the state uniformed cops are often making the private deals. ;)
     
  16. kermit315

    kermit315 Member

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    anybody know the ins and outs in Escambia County? I havent bought a gun here yet, but might be soon.

    Thanks,

    Jamie
     
  17. brboyer

    brboyer Member

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    The part I bolded:

    Oh and by the way, it is a fact and not my opinion.
     
  18. scurtis_34471

    scurtis_34471 Member

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    As I mentioned earlier, none of this stuff matters if you get a CWL.
     
  19. SFB

    SFB Member

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    I might be confused but are you saying that if you purchase a gun at a gun store there is no waiting period? There is a 5-day waiting period on all firearm purchases in Miami-Dade (without CCW). I'm not a lawyer or claim to be good at reading legal jargon but I believe the way the law is written that a business that is open to the public is considered a place that the public has a right to access (i.e. gun store, wal-mart, bps, etc..)

    But everyone should just get a CCW, if only to avoid the waiting period.
     
  20. divemedic

    divemedic Member

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    No. You have no right to access of Wal Mart. Wal Mart can ask you to leave, or ban you from the premesis.

    The 5 day wait under the local option can only legally apply to sales occurring on public property (Government owned property- civic centers, streets, sidewalks, etc). The three day wait specified in state statute only applies to handguns. No waiting period applies to CCW holders.
    Where the confusion comes in is that there are two laws in play here:

    Art I, Section 8 of the Florida Constitution, codified by statute 790.0655, which puts a three day waiting period in place for all handgun sales statewide, but CCW holders are exempt (as are a few other categories).

    The second law, Art VIII, Section 5 of the Florida Constitution, which allows counties to enact a 3-5 day wait for all firearms sales that occur on public property, but all CCW holders are exempt from this law as well.
     
    Last edited: Oct 9, 2009
  21. SFB

    SFB Member

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    I see. However, and I'm not saying you are wrong or trying to argue with you, but every firearm (handgun/long gun) you buy in Miami-Dade county at a gun store (private property) has a 5-day waiting period on it. I'm not too concerned as I have my CCW, but before I did I had to wait 5 days on a shotgun as did some other friends on rifles.
     
    Last edited: Oct 9, 2009
  22. divemedic

    divemedic Member

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    If that is indeed the case, then the Dade county ordnance needs to be taken down in court, as that law is unconstitutional under Florida's constitution. Have you contacted the NRA?

    Edited to Add:

    Here is the Dade County ordnance:

    (d) Sale and delivery of firearms; mandatory criminal records check. No person, whether licensed or unlicensed, shall sell, offer for sale, transfer or deliver any firearm to another person when any part of the transaction is conducted on property to which the public has the right of access within Miami-Dade County until all procedures specified under section 790.065, Florida Statutes, have been complied with by a person authorized by that section to conduct a criminal history check of background information as specified in that section, and the approval number set forth by that section has been obtained and documented. Upon the repeal of section 790.065, Florida Statutes, no person, whether licensed or unlicensed, shall sell, offer for sale, transfer or deliver any firearm to another person when any part of the transaction is conducted on property to which the public has the right of access until all procedures specified under any other state or federal law which requires a national criminal history information or national criminal history check on potential buyer or transferee of firearms have been complied with by any person authorized by law to conduct the required national criminal history or background records check and any required approval under such state or federal law or rule has been obtained. "Person" for purposes of this subsection shall include any person, including, but not limited to a licensed importer, licensed manufacturer or licensed dealer and any unlicensed person.
    In the case of a seller who is not a licensed importer, licensed manufacturer or licensed dealer, compliance with section 790.065 or its state or federal successor shall be achieved by the seller requesting that a licensed importer, licensed manufacturer or licensed dealer complete all the requirements of section 790.065 or its state or federal successor. Licensed importers, manufacturers and dealers may charge a reasonable fee of an unlicensed seller to cover costs associated with completing the requirements of section 790.065.
    (e) Exemptions. Holders of a concealed weapons permit as prescribed by state law and holders of an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer, a correctional officer, or a correctional probation officer as set forth in state law shall not be subject to the provisions of this section.
    Sales to a licensed importer, licensed manufacturer or licensed dealer shall not be subject to the provisions of this section.


    Under this law, FTF sales are illegal if any part of the sale occurs on public property. I am not sure that is constitutional.
     
    Last edited: Oct 9, 2009
  23. SFB

    SFB Member

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    Sadly it is indeed the case. Maybe Miami-Dade defines "property to which the public has the right to access" differently? I'm not sure. Or maybe it's a case of gun stores making their own laws? I just know others and myself have had to wait 5 days when purchasing long-guns from gun stores. It seems odd that this could go on for so long if it were unconstitutional in a county that has the highest amount of CCW holders and probably close to if not the highest amount of gun ownership in Florida.
     
  24. divemedic

    divemedic Member

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    Now- the gun store is free to increase a waiting period all they want. If the store wants to make you wait 30 days, they can. The question here is what is the county government requiring, and is someone willing to challenge an unconstitutional law?
     
  25. chuckusaret

    chuckusaret member

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    They are at least restricted from buying a firearm thru a dealer.
    A Firearms Transaction Record, or Form 4473, is a United States government form that must be filled out when a person purchases a firearm from a Federal Firearm License holder (such as a gun shop).
    The Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, make/model/serial number of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. Lying on this form is a felony and can be punished by up to five years in prison in addition to fines, even if the transaction is simply denied by the NICS.[citation needed]
     
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