Bill Amendment: FL H0055 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Sale of Firearms
Status: 2018-04-09 - Chapter No. 2018-144 [H0055 Detail]
Download: Florida-2018-H0055-Senate_Floor_Amendment_267706.html
Bill Title: Sale of Firearms
Status: 2018-04-09 - Chapter No. 2018-144 [H0055 Detail]
Download: Florida-2018-H0055-Senate_Floor_Amendment_267706.html
Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for HB 55 Ì2677068Î267706 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Farmer moved the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 68 and 69 4 insert: 5 (b) However, if the person purchasing, or receiving 6 delivery of, the firearm is a holder of a valid concealed 7 weapons or firearms license pursuant tothe provisions ofs. 8 790.06 or holds an active certification from the Criminal 9 Justice Standards and Training Commission as a “law enforcement 10 officer,” a “correctional officer,” or a “correctional probation 11 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or 12 (9), this subsection does not apply. 13 (c) This subsection does not apply to the purchase, trade, 14 or transfer of a rifle or shotgun by a resident of this state 15 when the resident makes such purchase, trade, or transfer from a 16 licensed importer, licensed manufacturer, or licensed dealer in 17 another state. 18 (d)1. If neither party to a prospective firearms sale, 19 lease, or transfer is a licensed dealer, the parties to the 20 transaction must complete the sale, lease, or other transfer 21 through a licensed dealer as follows: 22 a. The seller, lessor, or transferor must deliver the 23 firearm to a licensed dealer who shall process the sale, lease, 24 or transfer as if he or she were the seller, lessor, or 25 transferor, except that the seller, lessor, or transferor who is 26 not a licensed dealer may remove the firearm from the business 27 premises of the licensed dealer while the background check is 28 being conducted and while the waiting period requirement set 29 forth in s. 790.0655 is being met. Other than allowing the 30 unlicensed seller or transferor to remove the firearm from the 31 licensed dealer’s business premises, the licensed dealer shall 32 comply with all requirements of federal and state law which 33 would apply if he or she were the seller, lessor, or transferor 34 of the firearm; 35 b. The licensed dealer shall conduct a background check on 36 the buyer or other transferee in accordance with this section 37 and, unless the transaction is prohibited, after all other legal 38 requirements are met, including those set forth in s. 790.0655, 39 the dealer shall either: 40 (I) Deliver the firearm to the seller, lessor, or 41 transferor, who shall complete the transaction and deliver the 42 firearm to the buyer; or 43 (II) If the seller, lessor, or transferor has removed the 44 firearm from the licensed dealer’s business premises, contact 45 the seller, lessor, or transferor to let him or her know that he 46 or she may complete the transaction and deliver the firearm to 47 the buyer; 48 c. If the licensed dealer cannot legally complete the 49 transaction, the dealer must: 50 (I) Return the firearm to the seller, lessor, or 51 transferor; or 52 (II) If the seller, lessor, or transferor has removed the 53 firearm from the licensed dealer’s business premises, contact 54 the seller, lessor, or transferor to let him or her know that 55 the transaction is prohibited, and the seller, lessor, or 56 transferor may not deliver the firearm to the buyer; and 57 d. The licensed dealer may require the buyer or other 58 transferee to pay a fee covering the administrative costs 59 incurred by the licensed dealer for facilitating the transfer of 60 the firearm, plus applicable fees pursuant to federal and state 61 law. 62 2. This paragraph does not apply to: 63 a. The activities of the United States Marshals Service, 64 members of the United States Armed Forces or the National Guard, 65 or federal officials required to carry firearms while engaged in 66 performing their official duties; and 67 b. The following activities, unless the lawful owner knows 68 or has reasonable cause to believe that federal, state, or local 69 law prohibits the transferee from purchasing or possessing 70 firearms, or that the transferee is likely to use the firearm 71 for unlawful purposes: 72 (I) The delivery of a firearm to a gunsmith for service or 73 repair, or the return of the firearm to its owner by the 74 gunsmith; 75 (II) The transfer of a firearm to a carrier, warehouseman, 76 or other person engaged in the business of transportation or 77 storage, to the extent that the receipt, possession, or having 78 on or about the person of any firearm is in the ordinary course 79 of business and in conformity with federal, state, and local 80 laws, and not for the personal use of any such person; 81 (III) The loan of a firearm solely for the purpose of 82 shooting at targets, if the loan occurs on the premises of a 83 properly licensed target facility and if the firearm is at all 84 times kept within the premises of the target facility; 85 (IV) The loan of a firearm to a person who is under 18 86 years of age for lawful hunting, sporting, or educational 87 purposes while under the direct supervision and control of a 88 responsible adult; 89 (V) The loan of a firearm to a person who is 18 years of 90 age or older if the firearm remains in the person’s possession 91 only while the person is accompanying the lawful owner and using 92 the firearm for lawful hunting, sporting, or recreational 93 purposes; or 94 (VI) The loan of a firearm to an adult family member of the 95 lawful owner of the firearm if the lawful owner resides with the 96 family member but is not present in the residence, provided that 97 the family member does not maintain control over the firearm for 98 more than 10 consecutive days. 99(3) In the event of scheduled computer downtime, electronic100failure, or similar emergency beyond the control of the101Department of Law Enforcement, the department shall immediately102notify the licensee of the reason for, and estimated length of,103such delay. After such notification, the department shall104forthwith, and in no event later than the end of the next105business day of the licensee, either inform the requesting106licensee if its records demonstrate that the buyer or transferee107is prohibited from receipt or possession of a firearm pursuant108to Florida and Federal law or provide the licensee with a unique109approval number. Unless notified by the end of said next110business day that the buyer or transferee is so prohibited, and111without regard to whether she or he has received a unique112approval number, the licensee may complete the sale or transfer113and shall not be deemed in violation of this section with114respect to such sale or transfer.115(10) A licensed importer, licensed manufacturer, or116licensed dealer is not required to comply with the requirements117of this section in the event of:118(a) Unavailability of telephone service at the licensed119premises due to the failure of the entity which provides120telephone service in the state, region, or other geographical121area in which the licensee is located to provide telephone122service to the premises of the licensee due to the location of123said premises; or the interruption of telephone service by124reason of hurricane, tornado, flood, natural disaster, or other125act of God, war, invasion, insurrection, riot, or other bona126fide emergency, or other reason beyond the control of the127licensee; or128(b) Failure of the Department of Law Enforcement to comply129with the requirements of subsections (2) and (3).130 Section 2. Paragraph (a) of subsection (1) of section 131 790.0655, Florida Statutes, is amended to read: 132 790.0655 Purchase and delivery of handguns; mandatory 133 waiting period; exceptions; penalties.— 134 (1)(a) There shall be a mandatory 3-day waiting period, 135 which shall be 3 days, excluding weekends and legal holidays, 136 between the purchase and the delivery at retail, or the delivery 137 through a private sale facilitated through a licensed dealer 138 under s. 790.065(1)(d), of any handgun. “Purchase” means the 139 transfer of money or other valuable consideration to the 140 retailer. “Handgun” means a firearm capable of being carried and 141 used by one hand, such as a pistol or revolver. “Retailer” means 142 and includes every person engaged in the business of making 143 sales at retail or for distribution, or use, or consumption, or 144 storage to be used or consumed in this state, as defined in s. 145 212.02(13). 146 Section 3. Paragraph (e) of subsection (3) of section 147 790.335, Florida Statutes, is amended to read: 148 790.335 Prohibition of registration of firearms; electronic 149 records.— 150 (3) EXCEPTIONS.—The provisions of this section shall not 151 apply to: 152 (e)1. Records kept pursuant to the recordkeeping provisions 153 of s. 790.065; however, nothing in this section shall be 154 construed to authorize the public release or inspection of 155 records that are made confidential and exempt from the 156 provisions of s. 119.07(1) by s. 790.065(3)(a)s. 790.065(4)(a). 157 2. Nothing in this paragraph shall be construed to allow 158 the maintaining of records containing the names of purchasers or 159 transferees who receive unique approval numbers or the 160 maintaining of records of firearm transactions. 161 162 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 163 And the directory clause is amended as follows: 164 Delete lines 14 - 15 165 and insert: 166 Section 1. Subsections (1), (3), and (10) of section 167 790.065, Florida Statutes, are amended to read: 168 169 ================= T I T L E A M E N D M E N T ================ 170 And the title is amended as follows: 171 Delete lines 2 - 9 172 and insert: 173 An act relating to the sale and delivery of firearms; 174 amending s. 790.065, F.S.; requiring Department of Law 175 Enforcement procedures to allow the payment or 176 transmittal of processing fees for criminal history 177 checks of potential firearms buyers by electronic 178 means; providing that criminal history check requests 179 by licensed importers, manufacturers, and dealers to 180 the department may be made by electronic means; 181 requiring the parties, if neither party to a sale, 182 lease, or transfer of a firearm is a licensed dealer, 183 to complete the sale, lease, or transfer through a 184 licensed dealer; specifying procedures and 185 requirements for a licensed dealer, a seller, lessor, 186 or transferor, and a buyer, lessee, or transferee; 187 authorizing a licensed dealer to charge a buyer or 188 transferee specified fees; providing applicability; 189 deleting provisions authorizing a licensee to complete 190 the sale or transfer of a firearm to a person without 191 receiving certain notification from the department 192 informing the licensee that such person is prohibited 193 from receipt or possession of a firearm or providing a 194 unique approval number under certain circumstances; 195 deleting provisions exempting a licensed importer, 196 licensed manufacturer, or licensed dealer from the 197 sale and delivery requirements, under certain 198 circumstances; amending s. 790.0655, F.S.; applying 199 the mandatory 3-day waiting period to private sales of 200 handguns facilitated through a licensed dealer; 201 amending s. 790.335, F.S.; conforming a cross 202 reference; providing