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. 7 8 Be It Resolved by the Legislature of the State of Florida: 9 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 holderHoldersof a 30 concealed weapon permit or who is a qualified law enforcement 31 officer or qualified retired law enforcement officer as 32 prescribed by generalin Floridalaw isshallnotbesubject to 33 this restrictionthe provisions of this paragraph. 34 (c)The legislature shall enactLegislation implementing 35 subsection (b) mustof this section, effective no later than36December 31, 1991, which shallprovide that a person who 37 violatesanyone violating the provisions ofsubsection (b) 38 commitsshall be guilty ofa felony. 39 (d) This restriction doesshallnot 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 mayshall have theauthority torequire 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 holderHoldersof a 60 concealed weaponweaponspermit or who is a qualified law 61 enforcement officer or qualified retired law enforcement officer 62 as prescribed by general law isshallnotbesubject tothe63provisions ofthis restriction on the purchase ofsubsection64when purchasinga 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 70 PURCHASE OF PERSONAL FIREARMS BY QUALIFIED LAW ENFORCEMENT 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.