Bill Text: FL S0468 | 2019 | Regular Session | Introduced
Bill Title: Firearms
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [S0468 Detail]
Download: Florida-2019-S0468-Introduced.html
Florida Senate - 2019 SB 468 By Senator Farmer 34-00430-19 2019468__ 1 A bill to be entitled 2 An act relating to firearms; amending s. 790.065, 3 F.S.; requiring the Department of Law Enforcement to 4 include on a standard form certain questions 5 concerning a potential firearm buyer’s criminal 6 history and other information relating to the person’s 7 eligibility to make the firearm purchase; requiring 8 the department to notify certain law enforcement 9 agencies when a potential sale or transfer receives a 10 nonapproval number; providing requirements for such 11 notice; requiring that, if neither party to a 12 prospective firearms sale, lease, or transfer is a 13 licensed dealer, the parties must complete the sale, 14 lease, or transfer through a licensed dealer; 15 specifying procedures and requirements for a licensed 16 dealer, seller, lessor, or transferor, and a buyer, 17 lessee, or transferee, including a required background 18 check; providing applicability; revising the 19 applicability of certain requirements imposed on 20 licensed importers, licensed manufacturers, or 21 licensed dealers; revising applicability of the 22 prohibition against certain sales or deliveries of 23 firearms to include certain purchases, trades, and 24 transfers of a rifle or shotgun; deleting provisions 25 exempting, under certain circumstances, a licensed 26 importer, licensed manufacturer, or licensed dealer 27 from the sale and delivery requirements; deleting 28 provisions authorizing a licensee to complete the sale 29 or transfer of a firearm to a person without receiving 30 notification from the department informing the 31 licensee as to whether such person is prohibited from 32 receipt or possession of a firearm or providing a 33 unique approval number; prohibiting the sale or 34 transfer, or facilitation of a sale or transfer, of a 35 firearm to a person younger than a certain age by any 36 person or entity; revising an exception to the 37 prohibitions; amending s. 790.0655, F.S.; applying a 38 mandatory waiting period to private sales of firearms 39 facilitated through a licensed dealer; amending s. 40 790.335, F.S.; conforming a cross-reference; providing 41 an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Subsections (1), (3), and (10) and present 46 subsection (13) of section 790.065, Florida Statutes, are 47 amended, and paragraph (a) of present subsection (4) and 48 paragraphs (b) and (c) of present subsection (12) of that 49 section are republished, to read: 50 790.065 Sale and delivery of firearms.— 51 (1)(a) A licensed importer, licensed manufacturer, or 52 licensed dealer may not sell or deliver from her or his 53 inventory at her or his licensed premises any firearm to another 54 person, other than a licensed importer, licensed manufacturer, 55 licensed dealer, or licensed collector, until she or he has: 56 1. Provided to and obtaineda completed formfrom the 57 potential buyer or transferee a completed form, adopted by the 58 Department of Law Enforcement,which form shall have been59promulgatedby the Department of Law Enforcement and provided by60the licensed importer, licensed manufacturer, or licensed61dealer,which, at a minimum, mustshallinclude the name, date 62 of birth, gender, race, and social security number or other 63 identification number of thesuchpotential buyer or transferee; 64 questions as to any criminal history of the potential buyer or 65 transferee; and other information relating to his or her 66 eligibility to purchase a firearm, and has inspected proper 67 identification, which must includeincluding an identification68containinga photograph of the potential buyer or transferee. 69 a. If the review of records under subsection (2) indicates 70 that the potential buyer or transferee is prohibited under state 71 or federal law from having in her or his care, custody, 72 possession, or control a firearm and that the potential 73 transfer, sale, or purchase has received a nonapproval number, 74 the Department of Law Enforcement shall send notification of 75 such nonapproval to the federal or state correctional, law 76 enforcement, prosecutorial, and other criminal justice agencies 77 that have jurisdiction in the county where the transfer or 78 purchase was attempted. 79 b. The Department of Law Enforcement shall, for each 80 county, identify the federal or state correctional, law 81 enforcement, prosecutorial, and other criminal justice agencies 82 that must receive such notification of nonapproval. 83 c. The notification of nonapproval must include the 84 identity of the potential buyer or transferee, the identity of 85 the licensee who made the inquiry, the date and time of issuance 86 of the nonapproval number, the reason for the nonapproval, and 87 the location where the attempted purchase or transfer occurred. 88 d. Except in instances in which a delay is necessary to 89 avoid compromising an ongoing investigation, in which case the 90 Department of Law Enforcement may delay notification for as long 91 as necessary, the department shall notify the required agencies 92 within 1 week after issuance of the notice of the nonapproval. 93 Such notifications, which may be made by any means, whether 94 oral, written, or electronic, may be aggregated, provided that 95 they are timely made. 96 2. Collected a fee from the potential buyer or transferee 97 for processing the criminal history checkof the potential98buyer. Thefee shall be established by theDepartment of Law 99 Enforcement shall establish the fee, whichandmay not exceed $8 100 per transaction. The Department of Law Enforcement may reduce, 101 or suspend collection of, the fee to reflect payment received 102 from the Federal Government applied to the cost of maintaining 103 the criminal history check system established by this section as 104 a means of facilitating or supplementing the National Instant 105 Criminal Background Check System. The Department of Law 106 Enforcement shall, by rule, establish procedures for the fees to 107 be transmitted by the licensee to the Department of Law 108 Enforcement. Such procedures must provide that fees may be paid 109 or transmitted by electronic means, including, but not limited 110 to, debit cards, credit cards, or electronic funds transfers. 111 All such fees shall be deposited into the Department of Law 112 Enforcement Operating Trust Fund, but shall be segregated from 113 all other funds deposited into such trust fund and must be 114 accounted for separately. Such segregated funds must not be used 115 for any purpose other than the operation of the criminal history 116 checks required by this section. The Department of Law 117 Enforcement, each year before February 1, shall make a full 118 accounting of all receipts and expenditures of such funds to the 119 President of the Senate, the Speaker of the House of 120 Representatives, the majority and minority leaders of each house 121 of the Legislature, and the chairs of the appropriations 122 committees of each house of the Legislature. In the event that 123 the cumulative amount of funds collected exceeds the cumulative 124 amount of expenditures by more than $2.5 million, excess funds 125 may be used for the purpose of purchasing soft body armor for 126 law enforcement officers. 127 3. Requested, by means of a toll-free telephone call or 128 other electronic means, the Department of Law Enforcement to 129 conduct a check of the information as reported and reflected in 130 the Florida Crime Information Center and National Crime 131 Information Center systems as of the date of the request. 132 4. Received a unique approval number for that inquiry from 133 the Department of Law Enforcement, and recorded the date and 134 such number on the consent form. 135 (b)1. If neither party to a prospective firearms sale, 136 lease, or transfer is a licensed dealer, the parties to the 137 transaction must complete the sale, lease, or transfer through a 138 licensed dealer as follows: 139 a. The seller, lessor, or transferor shall deliver the 140 firearm to a licensed dealer, who shall process the sale, lease, 141 or transfer as if she or he were the seller, lessor, or 142 transferor, except that the seller, lessor, or transferor who is 143 not a licensed dealer may remove the firearm from the business 144 premises of the licensed dealer while the background check is 145 being conducted and while the waiting period requirement set 146 forth in s. 790.0655 is being met. Other than allowing the 147 unlicensed seller or transferor to remove the firearm from the 148 licensed dealer’s business premises, the licensed dealer shall 149 comply with all requirements of federal and state law which 150 would apply if she or he were the seller, lessor, or transferor 151 of the firearm; 152 b. The licensed dealer shall conduct a background check on 153 the buyer or other transferee as provided in this section and, 154 unless the transaction is prohibited, and after all other legal 155 requirements are met, including those set forth in s. 790.0655, 156 the licensed dealer shall either: 157 (I) Deliver the firearm to the seller, lessor, or 158 transferor, who shall complete the transaction and deliver the 159 firearm to the buyer; or 160 (II) If the seller, lessor, or transferor has removed the 161 firearm from the licensed dealer’s business premises, contact 162 the seller, lessor, or transferor to let her or him know that 163 she or he may complete the transaction and deliver the firearm 164 to the buyer; and 165 c. If the licensed dealer cannot legally complete the 166 transaction, the dealer must: 167 (I) Return the firearm to the seller, lessor, or 168 transferor; or 169 (II) If the seller, lessor, or transferor has removed the 170 firearm from the licensed dealer’s business premises, contact 171 the seller, lessor, or transferor to let her or him know that 172 the transaction is prohibited and that the seller, lessor, or 173 transferor may not deliver the firearm to the buyer. 174 2. This paragraph does not apply to: 175 a. The activities of the United States Marshals Service, 176 members of the United States Armed Forces or the National Guard, 177 or federal officials required to carry firearms while performing 178 their official duties; or 179 b. The following activities, unless the lawful owner knows 180 or has reasonable cause to believe that federal, state, or local 181 law prohibits the transferee from purchasing or possessing 182 firearms or that the transferee is likely to use the firearm for 183 unlawful purposes: 184 (I) The delivery of a firearm to a gunsmith for service or 185 repair or the return of the firearm to its owner by the 186 gunsmith; 187 (II) The transfer of a firearm to a carrier, warehouseman, 188 or other person engaged in the business of transportation or 189 storage, to the extent that the receipt, possession, or having 190 on or about the person any firearm is in the ordinary course of 191 business and in conformity with federal, state, and local laws, 192 and not for the personal use of any such person; 193 (III) The loan of a firearm solely for the purpose of 194 shooting at targets, if the loan occurs on the premises of a 195 properly licensed target facility and if the firearm is at all 196 times kept within the premises of the target facility; 197 (IV) The loan of a firearm to a person who is under 18 198 years of age for lawful hunting, sporting, or educational 199 purposes while under the direct supervision and control of a 200 responsible adult; 201 (V) The loan of a firearm to a person who is 18 years of 202 age or older if the firearm remains in the person’s possession 203 only while the person is accompanying the lawful owner and using 204 the firearm for lawful hunting, sporting, or recreational 205 purposes; or 206 (VI) The loan of a firearm to an adult family member of the 207 lawful owner of the firearm if the lawful owner resides with the 208 family member but is not present in the residence and the family 209 member does not maintain control over the firearm for more than 210 10 consecutive days. 211 212 This subsection does not apply(b)However,if the person 213 purchasing,or receiving delivery of,the firearmis a holder of214a valid concealed weapons or firearms license pursuant to the215provisions of s. 790.06 orholds an active certification from 216 the Criminal Justice Standards and Training Commission as a “law 217 enforcement officer,” a “correctional officer,” or a 218 “correctional probation officer” as defined in s. 943.10(1), 219 (2), (3), (6), (7), (8), or (9), this subsection does not apply. 220(c) This subsection does not apply to the purchase, trade,221or transfer of a rifle or shotgun by a resident of this state222when the resident makes such purchase, trade, or transfer from a223licensed importer, licensed manufacturer, or licensed dealer in224another state.225(3) In the event of scheduled computer downtime, electronic226failure, or similar emergency beyond the control of the227Department of Law Enforcement, the department shall immediately228notify the licensee of the reason for, and estimated length of,229such delay. After such notification, the department shall230forthwith, and in no event later than the end of the next231business day of the licensee, either inform the requesting232licensee if its records demonstrate that the buyer or transferee233is prohibited from receipt or possession of a firearm pursuant234to Florida and Federal law or provide the licensee with a unique235approval number. Unless notified by the end of said next236business day that the buyer or transferee is so prohibited, and237without regard to whether she or he has received a unique238approval number, the licensee may complete the sale or transfer239and shall not be deemed in violation of this section with240respect to such sale or transfer.241 (3)(a)(4)(a)Any records containing any of the information 242 set forth in subsection (1) pertaining to a buyer or transferee 243 who is not found to be prohibited from receipt or transfer of a 244 firearm by reason of Florida and federal law which records are 245 created by the Department of Law Enforcement to conduct the 246 criminal history record check shall be confidential and exempt 247 from the provisions of s. 119.07(1) and may not be disclosed by 248 the Department of Law Enforcement or any officer or employee 249 thereof to any person or to another agency. The Department of 250 Law Enforcement shall destroy any such records forthwith after 251 it communicates the approval and nonapproval numbers to the 252 licensee and, in any event, such records shall be destroyed 253 within 48 hours after the day of the response to the licensee’s 254 request. 255(10) A licensed importer, licensed manufacturer, or256licensed dealer is not required to comply with the requirements257of this section in the event of:258(a) Unavailability of telephone service at the licensed259premises due to the failure of the entity which provides260telephone service in the state, region, or other geographical261area in which the licensee is located to provide telephone262service to the premises of the licensee due to the location of263said premises; or the interruption of telephone service by264reason of hurricane, tornado, flood, natural disaster, or other265act of God, war, invasion, insurrection, riot, or other bona266fide emergency, or other reason beyond the control of the267licensee; or268(b) Failure of the Department of Law Enforcement to comply269with the requirements of subsections (2) and (3).270 (10)(12)271 (b) Any licensed importer, licensed manufacturer, or 272 licensed dealer who violates the provisions of subsection (1) 273 commits a felony of the third degree punishable as provided in 274 s. 775.082 or s. 775.083. 275 (c) Any employee or agency of a licensed importer, licensed 276 manufacturer, or licensed dealer who violates the provisions of 277 subsection (1) commits a felony of the third degree punishable 278 as provided in s. 775.082 or s. 775.083. 279 (11)(13)A person younger than 21 years of age may not 280 purchase a firearm, and a person may not sell or transfer. The281sale or transfer ofa firearm to a person younger than 21 years 282 of agemay not be made or facilitated by a licensed importer,283licensed manufacturer, or licensed dealer. The sale or transfer 284 of a firearm to a person younger than 21 years of age may not be 285 facilitated by any other person or entity on behalf of the 286 person younger than 21 years of age. A person who violates this 287 subsection commits a felony of the third degree, punishable as 288 provided in s. 775.082, s. 775.083, or s. 775.084.The289prohibitions ofThis subsection doesdonot apply to the 290 purchase of a rifle or shotgun by a law enforcement officer or 291 correctional officer, as those terms are defined in s. 292 943.10(1), (2), (3), (6), (7), (8), or (9), or by a person on 293 active duty in the Armed Forces of the United States or full 294 time duty in the National Guarda servicemember as defined in s.295250.01. 296 Section 2. Paragraph (a) of subsection (1) of section 297 790.0655, Florida Statutes, is amended to read: 298 790.0655 Purchase and delivery of firearms; mandatory 299 waiting period; exceptions; penalties.— 300 (1)(a) A mandatory waiting period is imposed between the 301 purchase and delivery of a firearm. The mandatory waiting period 302 is 3 days, excluding weekends and legal holidays, or expires 303 upon the completion of the records checks required under s. 304 790.065, whichever occurs later. The mandatory waiting period 305 applies to the delivery of a firearm through a private sale 306 facilitated by a licensed dealer under s. 790.065(1)(b). 307 “Purchase” means the transfer of money or other valuable 308 consideration to the retailer. “Retailer” means and includes a 309 licensed importer, licensed manufacturer, or licensed dealer 310 engaged in the business of making firearm sales at retail or for 311 distribution, or use, or consumption, or storage to be used or 312 consumed in this state, as defined in s. 212.02(13). 313 Section 3. Paragraph (e) of subsection (3) of section 314 790.335, Florida Statutes, is amended to read: 315 790.335 Prohibition of registration of firearms; electronic 316 records.— 317 (3) EXCEPTIONS.—The provisions of this section shall not 318 apply to: 319 (e)1. Records kept pursuant to the recordkeeping provisions 320 of s. 790.065; however, nothing in this section shall be 321 construed to authorize the public release or inspection of 322 records that are made confidential and exempt from the 323 provisions of s. 119.07(1) by s. 790.065(3)(a)s. 790.065(4)(a). 324 2. Nothing in this paragraph shall be construed to allow 325 the maintaining of records containing the names of purchasers or 326 transferees who receive unique approval numbers or the 327 maintaining of records of firearm transactions. 328 Section 4. This act shall take effect July 1, 2019.