Bill Text: FL S0094 | 2020 | Regular Session | Introduced

Bill Title: Transfers of Firearms

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-08-16 - Referred to Judiciary; Criminal Justice; Rules [S0094 Detail]

Download: Florida-2020-S0094-Introduced.html
       Florida Senate - 2020                                      SB 94
       By Senator Book
       32-00149-20                                             202094__
    1                        A bill to be entitled                      
    2         An act relating to transfers of firearms; amending s.
    3         790.001, F.S.; defining the term “adult family
    4         member”; creating s. 790.0653, F.S.; requiring
    5         transfers of firearms to be conducted through a
    6         licensed dealer; requiring deposit of the firearm with
    7         the licensed dealer under certain circumstances;
    8         requiring processing by the licensed dealer; providing
    9         for disposition of the firearm if the licensed dealer
   10         cannot legally complete the transaction or return the
   11         firearm to its owner; authorizing a fee; providing
   12         exceptions; providing criminal penalties; requiring
   13         law enforcement agencies to report to the Attorney
   14         General any violation by licensed dealers; providing
   15         applicability; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsection (20) is added to section 790.001,
   20  Florida Statutes, to read:
   21         790.001 Definitions.—As used in this chapter, except where
   22  the context otherwise requires:
   23         (20)“Adult family member” means an individual’s spouse,
   24  parent, child, sibling, grandparent, grandchild, niece, nephew,
   25  first cousin, aunt, or uncle who is over 21 years of age.
   26         Section 2. Section 790.0653, Florida Statutes, is created
   27  to read:
   28         790.0653Transfers of firearms; transfer through licensed
   29  dealer required.—
   30         (1)A person may not sell or otherwise transfer a firearm,
   31  including selling or transferring a firearm via the Internet,
   32  unless:
   33         (a)The person is a licensed dealer;
   34         (b)The purchaser or other transferee is a licensed dealer;
   35  or
   36         (c)The requirements of subsection (2) are met.
   37         (2)If neither party to a prospective firearm transaction
   38  is a licensed dealer, the parties to the transaction must
   39  complete the sale or other transfer through a licensed dealer as
   40  follows:
   41         (a)The seller or other transferor shall deliver the
   42  firearm to the licensed dealer, who shall retain possession of
   43  the firearm until all legal requirements for the sale or other
   44  transfer have been met, including compliance with any state or
   45  local waiting periods.
   46         (b)The licensed dealer shall process the sale or other
   47  transfer as if he or she were the seller or other transferor.
   48  The licensed dealer must comply with all requirements of federal
   49  and state law which would apply if he or she were the seller or
   50  other transferor of the firearm.
   51         (c)Notwithstanding any other law, the licensed dealer may
   52  allow the seller or transferor who is not a licensed dealer to
   53  remove the firearm from the business premises of the licensed
   54  dealer while the background check is conducted and while the
   55  applicable waiting period requirements are met. The licensed
   56  dealer must comply with all requirements of federal and state
   57  law which would apply if he or she were the seller or other
   58  transferor of the firearm.
   59         (d)The licensed dealer shall comply with s. 790.065 and,
   60  if the transaction is not prohibited and after all other legal
   61  requirements are met, shall deliver the firearm to the purchaser
   62  or other transferee.
   63         (e)If the licensed dealer cannot legally deliver the
   64  firearm to the purchaser or other transferee because the person
   65  is prohibited from possessing a firearm under s. 790.065(2) or
   66  other state or federal law, the licensed dealer shall follow the
   67  requirements of s. 790.065, and, if the return is not
   68  prohibited, return the firearm to the seller or other
   69  transferor.
   70         (f)If the licensed dealer cannot legally return the
   71  firearm to the seller or other transferor, the licensed dealer
   72  must deliver the firearm to the sheriff of the county in which
   73  the licensed dealer is located within 24 hours for disposition
   74  as provided in s. 790.08(5).
   75         (g)The licensed dealer may require the purchaser or other
   76  transferee to pay a fee covering the administrative costs the
   77  licensed dealer incurred for facilitating the sale or transfer
   78  of the firearm, plus applicable fees pursuant to federal and
   79  state law.
   80         (3)Subsections (1) and (2) do not apply to any of the
   81  following:
   82         (a)A law enforcement or corrections agency, or a law
   83  enforcement or corrections officer acting within the course and
   84  scope of his or her employment or official duties.
   85         (b)The activities of the United States Marshals Service,
   86  members of the United States Armed Forces or the National Guard,
   87  or federal officials required to carry a firearm while
   88  performing their official duties.
   89         (c)A gunsmith who receives a firearm solely for the
   90  purposes of service or repair, or the return of the firearm to
   91  its owner by the gunsmith.
   92         (d)A common carrier, warehouseman, or other person engaged
   93  in the business of transportation or storage, to the extent that
   94  the receipt of any firearm is in the ordinary course of business
   95  and not for the personal use of any such person.
   96         (e)A person who is loaned a firearm solely for the purpose
   97  of shooting at targets, if the loan occurs on the premises of a
   98  sport shooting range and the firearm is at all times kept on the
   99  premises of the sport shooting range.
  100         (f)A person who is under 18 years of age who is loaned a
  101  firearm for lawful hunting or sporting purposes or for any other
  102  lawful recreational activity while under the direct supervision
  103  and control of a responsible adult.
  104         (g)A person who is 18 years of age or older who is loaned
  105  a firearm while he or she is accompanying the lawful owner and
  106  is using the firearm for lawful hunting or sporting purposes or
  107  for any other lawful recreational activity.
  108         (h)An adult family member of the lawful owner of the
  109  firearm if the owner resides with the family member but is not
  110  currently present in the residence, provided that the family
  111  member does not maintain control over the firearm for more than
  112  14 consecutive days. This paragraph does not apply if the owner
  113  or the family member knows or has reasonable cause to believe
  114  that federal or state law prohibits the family member from
  115  purchasing or possessing firearms, or the owner knows or has
  116  reasonable cause to believe that the family member is likely to
  117  use the firearm for unlawful purposes.
  118         (i)A spouse, child, or parent of the firearm owner who
  119  acquired the firearm by operation of law upon the death of the
  120  former firearm owner.
  121         (j)The temporary transfer of a firearm if such transfer is
  122  to prevent immediate or imminent death or great bodily harm to
  123  one’s self or others, provided that the person to whom the
  124  firearm is transferred is not prohibited from possessing a
  125  firearm under state or federal law and the temporary transfer
  126  lasts no longer than is necessary to prevent the immediate or
  127  imminent death or great bodily harm.
  128         (k)The sale or transfer of an antique firearm.
  129         (4)A person who violates this section commits a felony of
  130  the third degree, punishable as provided in s. 775.082, s.
  131  775.083, or s. 775.084.
  132         (5)In addition to any other penalty or remedy, the
  133  investigating law enforcement agency shall report to the
  134  Attorney General any violation of this section committed by a
  135  licensed dealer.
  136         (6)This section does not apply to any firearm modified to
  137  render it permanently inoperable.
  138         Section 3. This act shall take effect October 1, 2020.