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SB402 bill in Florida passed.. Now what?

Discussion in 'Activism Discussion and Planning' started by MrWesson, Apr 29, 2011.

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  1. MrWesson

    MrWesson Member

    Dec 13, 2009
    Here is the bill

    SB 402:
    GENERAL BILL by Community Affairs and Criminal Justice and Negron (CO-SPONSORS) Evers.
    Regulation of Firearms and Ammunition: Prohibits specified persons and entities, when acting in their official capacity, from regulating or attempting to regulate firearms or ammunition in any manner except as specifically authorized by s. 790.33, F.S., by general law, or by the State Constitution. Eliminates provisions authorizing counties to adopt an ordinance requiring a waiting period between the purchase and delivery of a handgun. Provides a penalty for knowing and willful violations of prohibitions, etc.

    Basically adds penalties for counties/cities who clearly break the law and have been sued in the past by the NRA and lost but the laws go unchanged.

    In Broward county we have a few laws that are questionable at best vs state laws.

    No gun show sales without CCW(refer to below)
    No private sales FTF in public
    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.

    5 day wait on ALL firearms (3 days in the rest of the state for handgun only)

    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 transacttion 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 transacttion 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.

    So do they have to be sued or a test case involved or are the laws grandfathered in?
  2. brboyer

    brboyer Member

    Mar 26, 2009
    Tampa Bay Florida
    Yeah, these summaries are never accurate.

    There are three (or four depending on how you look at it) locations in Florida law that talk about waiting periods.

    Back in '87 the original State concealed weapons law included a provision for localities to create optional 3 day waiting periods for handguns. [This is the one that is being repealed]

    In '89 a Constitutional amendment [Art. 1, Sec. 8(b)-(d)]was approved requiring a mandatory 3 day state-wide waiting period on handguns. This is codified in 790.0655 in 1991.

    Then in '98 another Constitutional amendment [Art. 8, Sec. 5(b)] was approved to allow localities to enact an optional 3-5 day waiting period on any firearm and allows them to require background checks on sales conducted on 'public' property. (The dreaded gun show loophole!) This amendment was not required to be codified in the statutes. That is why most people don't not understand these local laws.

    We had an easy time repealing the first one because it was redundant after the dummies (public) were lead to believe we needed this.

    So now we are left with
    1) 790.0655 along with it's enabling amendment - the mandatory 3 day state-wide handgun waiting period.

    2) Article 8, Section 5(b) of the Florida Constitution that allows up to 5 days for any firearm. Plus an optional background check requirement.

    This is the one that Broward and several other counties rely on to authorize their 5 day waiting period and incorrectly state you must have a CWFL to buy at gun-shows. This is because the amendment exempts CWFL holders from the waiting period and background check.
    By incorrectly, I mean they word them in such a way as to misrepresent what they can really do. The amendment says "criminal background check", it does not say "National Criminal History Background Check" which would imply a NCIC check like you get when you buy from an FFL. You can do a criminal background check on-line.

    The ones you cite are more or less legal.
    Last edited: Apr 30, 2011
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