Bill Text: FL S1124 | 2024 | Regular Session | Introduced

Florida Senate Bill 1124

Introduced

Bill Title: Mandatory Waiting Period for Handgun Purchases

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Criminal Justice [S1124 Detail]

Download: Florida-2024-S1124-Introduced.html

       Florida Senate - 2024                                    SB 1124
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01557-24                                           20241124__
    1                        A bill to be entitled                      
    2         An act relating to the mandatory waiting period for
    3         handgun purchases; amending s. 790.0655, F.S.;
    4         revising the mandatory 3-day waiting period to apply
    5         only to handguns, rather than to firearms; removing a
    6         provision authorizing that the mandatory waiting
    7         period expire upon completion of a records check;
    8         revising records requirements relating to firearm
    9         sales to apply only to handguns; removing specified
   10         exceptions to the mandatory waiting period; conforming
   11         provisions to changes made by the act; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 790.0655, Florida Statutes, is amended
   17  to read:
   18         790.0655 Purchase and delivery of handguns firearms;
   19  mandatory waiting period; exceptions; penalties.—
   20         (1)(a) A mandatory 3-day waiting period, excluding weekends
   21  and legal holidays, is imposed between the purchase and delivery
   22  at retail of a handgun firearm. The mandatory waiting period is
   23  3 days, excluding weekends and legal holidays, or expires upon
   24  the completion of the records checks required under s. 790.065,
   25  whichever occurs later. “Purchase” means the transfer of money
   26  or other valuable consideration to the retailer. “Retailer” has
   27  the same meaning as in s. 212.02(13), means and includes a
   28  licensed importer, licensed manufacturer, or licensed dealer
   29  engaged in the business of making firearm sales at retail or for
   30  distribution, or use, or consumption, or storage to be used or
   31  consumed in this state, as defined in s. 212.02(13).
   32         (b) Records of handgun firearm sales must be available for
   33  inspection by any law enforcement agency, as defined in s.
   34  934.02, during normal business hours.
   35         (2) The 3-day waiting period does not apply in the
   36  following circumstances:
   37         (a) When a handgun firearm is being purchased by a holder
   38  of a concealed weapons or concealed firearms license issued
   39  under s. 790.06.
   40         (b) To a trade-in of another handgun firearm.
   41         (c) To the purchase of a rifle or shotgun, upon a person’s
   42  successfully completing a minimum of a 16-hour hunter safety
   43  course and possessing a hunter safety certification card issued
   44  under s. 379.3581. A person who is exempt from the hunter safety
   45  course requirements under s. 379.3581 and holds a valid Florida
   46  hunting license is exempt from the mandatory waiting period
   47  under this section for the purchase of a rifle or shotgun.
   48         (d) When a rifle or shotgun is being purchased by a law
   49  enforcement officer or correctional officer, as those terms are
   50  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
   51  servicemember as defined in s. 250.01.
   52         (3) It is a felony of the third degree, punishable as
   53  provided in s. 775.082, s. 775.083, or s. 775.084:
   54         (a) For any retailer, or any employee or agent of a
   55  retailer, to deliver a handgun firearm before the expiration of
   56  the 3-day waiting period, subject to the exceptions provided in
   57  subsection (2).
   58         (b) For a purchaser to obtain delivery of a handgun firearm
   59  by fraud, false pretense, or false representation.
   60         Section 2. This act shall take effect July 1, 2024.