Bill Text: FL S1134 | 2016 | Regular Session | Introduced

Bill Title: Purchase of Personal Firearms by Qualified Law Enforcement Officers

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-03-11 - Died in Criminal Justice [S1134 Detail]

Download: Florida-2016-S1134-Introduced.html
       Florida Senate - 2016                                   SJR 1134
       By Senator Diaz de la Portilla
       40-01130-16                                           20161134__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Section 8
    3         of Article I and Section 5 of Article VIII of the
    4         State Constitution to remove restrictions on the
    5         purchase of personal firearms by qualified law
    6         enforcement officers.
    8  Be It Resolved by the Legislature of the State of Florida:
   10         That the following amendments to Section 8 of Article I and
   11  Section 5 of Article VIII of the State Constitution are agreed
   12  to and shall be submitted to the electors of this state for
   13  approval or rejection at the next general election or at an
   14  earlier special election specifically authorized by law for that
   15  purpose:
   16                              ARTICLE I                            
   17                        DECLARATION OF RIGHTS                      
   18         SECTION 8. Right to bear arms.—
   19         (a) The right of the people to keep and bear arms in
   20  defense of themselves and of the lawful authority of the state
   21  shall not be infringed, except that the manner of bearing arms
   22  may be regulated by law.
   23         (b) There shall be a mandatory period of three days,
   24  excluding weekends and legal holidays, between the purchase and
   25  delivery at retail of any handgun. For the purposes of this
   26  section, “purchase” means the transfer of money or other
   27  valuable consideration to the retailer, and “handgun” means a
   28  firearm capable of being carried and used by one hand, such as a
   29  pistol or revolver. A person who is a holder Holders of a
   30  concealed weapon permit or who is a qualified law enforcement
   31  officer or qualified retired law enforcement officer as
   32  prescribed by general in Florida law is shall not be subject to
   33  this restriction the provisions of this paragraph.
   34         (c) The legislature shall enact Legislation implementing
   35  subsection (b) must of this section, effective no later than
   36  December 31, 1991, which shall provide that a person who
   37  violates anyone violating the provisions of subsection (b)
   38  commits shall be guilty of a felony.
   39         (d) This restriction does shall not apply to a trade in of
   40  another handgun.
   41                            ARTICLE VIII                           
   42                          LOCAL GOVERNMENT                         
   43         SECTION 5. Local option.—
   44         (a) Local option on the legality or prohibition of the sale
   45  of intoxicating liquors, wines or beers shall be preserved to
   46  each county. The status of a county with respect thereto shall
   47  be changed only by vote of the electors in a special election
   48  called upon the petition of twenty-five per cent of the electors
   49  of the county, and not sooner than two years after an earlier
   50  election on the same question. Where legal, the sale of
   51  intoxicating liquors, wines and beers shall be regulated by law.
   52         (b) Each county may shall have the authority to require a
   53  criminal history records check and a 3 to 5-day waiting period,
   54  excluding weekends and legal holidays, in connection with the
   55  sale of any firearm occurring within such county. For purposes
   56  of this subsection, the term “sale” means the transfer of money
   57  or other valuable consideration for any firearm when any part of
   58  the transaction is conducted on property to which the public has
   59  the right of access. A person who is a holder Holders of a
   60  concealed weapon weapons permit or who is a qualified law
   61  enforcement officer or qualified retired law enforcement officer
   62  as prescribed by general law is shall not be subject to the
   63  provisions of this restriction on the purchase of subsection
   64  when purchasing a firearm.
   65         BE IT FURTHER RESOLVED that the following statement be
   66  placed on the ballot:
   67                      CONSTITUTIONAL AMENDMENT                     
   68                        ARTICLE I, SECTION 8                       
   69                       ARTICLE VIII, SECTION 5                     
   71  OFFICERS.—The Florida Constitution provides for waiting periods
   72  in connection with certain sales of firearms. The waiting
   73  periods do not apply to holders of a concealed weapon permit,
   74  but the waiting periods do apply to law enforcement officers.
   75  The amendment exempts qualified law enforcement officers and
   76  qualified retired law enforcement officers from the waiting
   77  periods.