Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for HB 55
Ì2677068Î267706
LEGISLATIVE ACTION
Senate . House
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Senator Farmer moved the following:
1 Senate Amendment (with directory and title amendments)
2
3 Between lines 68 and 69
4 insert:
5 (b) However, if the person purchasing, or receiving
6 delivery of, the firearm is a holder of a valid concealed
7 weapons or firearms license pursuant to the provisions of s.
8 790.06 or holds an active certification from the Criminal
9 Justice Standards and Training Commission as a “law enforcement
10 officer,” a “correctional officer,” or a “correctional probation
11 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
12 (9), this subsection does not apply.
13 (c) This subsection does not apply to the purchase, trade,
14 or transfer of a rifle or shotgun by a resident of this state
15 when the resident makes such purchase, trade, or transfer from a
16 licensed importer, licensed manufacturer, or licensed dealer in
17 another state.
18 (d)1. If neither party to a prospective firearms sale,
19 lease, or transfer is a licensed dealer, the parties to the
20 transaction must complete the sale, lease, or other transfer
21 through a licensed dealer as follows:
22 a. The seller, lessor, or transferor must deliver the
23 firearm to a licensed dealer who shall process the sale, lease,
24 or transfer as if he or she were the seller, lessor, or
25 transferor, except that the seller, lessor, or transferor who is
26 not a licensed dealer may remove the firearm from the business
27 premises of the licensed dealer while the background check is
28 being conducted and while the waiting period requirement set
29 forth in s. 790.0655 is being met. Other than allowing the
30 unlicensed seller or transferor to remove the firearm from the
31 licensed dealer’s business premises, the licensed dealer shall
32 comply with all requirements of federal and state law which
33 would apply if he or she were the seller, lessor, or transferor
34 of the firearm;
35 b. The licensed dealer shall conduct a background check on
36 the buyer or other transferee in accordance with this section
37 and, unless the transaction is prohibited, after all other legal
38 requirements are met, including those set forth in s. 790.0655,
39 the dealer shall either:
40 (I) Deliver the firearm to the seller, lessor, or
41 transferor, who shall complete the transaction and deliver the
42 firearm to the buyer; or
43 (II) If the seller, lessor, or transferor has removed the
44 firearm from the licensed dealer’s business premises, contact
45 the seller, lessor, or transferor to let him or her know that he
46 or she may complete the transaction and deliver the firearm to
47 the buyer;
48 c. If the licensed dealer cannot legally complete the
49 transaction, the dealer must:
50 (I) Return the firearm to the seller, lessor, or
51 transferor; or
52 (II) If the seller, lessor, or transferor has removed the
53 firearm from the licensed dealer’s business premises, contact
54 the seller, lessor, or transferor to let him or her know that
55 the transaction is prohibited, and the seller, lessor, or
56 transferor may not deliver the firearm to the buyer; and
57 d. The licensed dealer may require the buyer or other
58 transferee to pay a fee covering the administrative costs
59 incurred by the licensed dealer for facilitating the transfer of
60 the firearm, plus applicable fees pursuant to federal and state
61 law.
62 2. This paragraph does not apply to:
63 a. The activities of the United States Marshals Service,
64 members of the United States Armed Forces or the National Guard,
65 or federal officials required to carry firearms while engaged in
66 performing their official duties; and
67 b. The following activities, unless the lawful owner knows
68 or has reasonable cause to believe that federal, state, or local
69 law prohibits the transferee from purchasing or possessing
70 firearms, or that the transferee is likely to use the firearm
71 for unlawful purposes:
72 (I) The delivery of a firearm to a gunsmith for service or
73 repair, or the return of the firearm to its owner by the
74 gunsmith;
75 (II) The transfer of a firearm to a carrier, warehouseman,
76 or other person engaged in the business of transportation or
77 storage, to the extent that the receipt, possession, or having
78 on or about the person of any firearm is in the ordinary course
79 of business and in conformity with federal, state, and local
80 laws, and not for the personal use of any such person;
81 (III) The loan of a firearm solely for the purpose of
82 shooting at targets, if the loan occurs on the premises of a
83 properly licensed target facility and if the firearm is at all
84 times kept within the premises of the target facility;
85 (IV) The loan of a firearm to a person who is under 18
86 years of age for lawful hunting, sporting, or educational
87 purposes while under the direct supervision and control of a
88 responsible adult;
89 (V) The loan of a firearm to a person who is 18 years of
90 age or older if the firearm remains in the person’s possession
91 only while the person is accompanying the lawful owner and using
92 the firearm for lawful hunting, sporting, or recreational
93 purposes; or
94 (VI) The loan of a firearm to an adult family member of the
95 lawful owner of the firearm if the lawful owner resides with the
96 family member but is not present in the residence, provided that
97 the family member does not maintain control over the firearm for
98 more than 10 consecutive days.
99 (3) In the event of scheduled computer downtime, electronic
100 failure, or similar emergency beyond the control of the
101 Department of Law Enforcement, the department shall immediately
102 notify the licensee of the reason for, and estimated length of,
103 such delay. After such notification, the department shall
104 forthwith, and in no event later than the end of the next
105 business day of the licensee, either inform the requesting
106 licensee if its records demonstrate that the buyer or transferee
107 is prohibited from receipt or possession of a firearm pursuant
108 to Florida and Federal law or provide the licensee with a unique
109 approval number. Unless notified by the end of said next
110 business day that the buyer or transferee is so prohibited, and
111 without regard to whether she or he has received a unique
112 approval number, the licensee may complete the sale or transfer
113 and shall not be deemed in violation of this section with
114 respect to such sale or transfer.
115 (10) A licensed importer, licensed manufacturer, or
116 licensed dealer is not required to comply with the requirements
117 of this section in the event of:
118 (a) Unavailability of telephone service at the licensed
119 premises due to the failure of the entity which provides
120 telephone service in the state, region, or other geographical
121 area in which the licensee is located to provide telephone
122 service to the premises of the licensee due to the location of
123 said premises; or the interruption of telephone service by
124 reason of hurricane, tornado, flood, natural disaster, or other
125 act of God, war, invasion, insurrection, riot, or other bona
126 fide emergency, or other reason beyond the control of the
127 licensee; or
128 (b) Failure of the Department of Law Enforcement to comply
129 with the requirements of subsections (2) and (3).
130 Section 2. Paragraph (a) of subsection (1) of section
131 790.0655, Florida Statutes, is amended to read:
132 790.0655 Purchase and delivery of handguns; mandatory
133 waiting period; exceptions; penalties.—
134 (1)(a) There shall be a mandatory 3-day waiting period,
135 which shall be 3 days, excluding weekends and legal holidays,
136 between the purchase and the delivery at retail, or the delivery
137 through a private sale facilitated through a licensed dealer
138 under s. 790.065(1)(d), of any handgun. “Purchase” means the
139 transfer of money or other valuable consideration to the
140 retailer. “Handgun” means a firearm capable of being carried and
141 used by one hand, such as a pistol or revolver. “Retailer” means
142 and includes every person engaged in the business of making
143 sales at retail or for distribution, or use, or consumption, or
144 storage to be used or consumed in this state, as defined in s.
145 212.02(13).
146 Section 3. Paragraph (e) of subsection (3) of section
147 790.335, Florida Statutes, is amended to read:
148 790.335 Prohibition of registration of firearms; electronic
149 records.—
150 (3) EXCEPTIONS.—The provisions of this section shall not
151 apply to:
152 (e)1. Records kept pursuant to the recordkeeping provisions
153 of s. 790.065; however, nothing in this section shall be
154 construed to authorize the public release or inspection of
155 records that are made confidential and exempt from the
156 provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
157 2. Nothing in this paragraph shall be construed to allow
158 the maintaining of records containing the names of purchasers or
159 transferees who receive unique approval numbers or the
160 maintaining of records of firearm transactions.
161
162 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
163 And the directory clause is amended as follows:
164 Delete lines 14 - 15
165 and insert:
166 Section 1. Subsections (1), (3), and (10) of section
167 790.065, Florida Statutes, are amended to read:
168
169 ================= T I T L E A M E N D M E N T ================
170 And the title is amended as follows:
171 Delete lines 2 - 9
172 and insert:
173 An act relating to the sale and delivery of firearms;
174 amending s. 790.065, F.S.; requiring Department of Law
175 Enforcement procedures to allow the payment or
176 transmittal of processing fees for criminal history
177 checks of potential firearms buyers by electronic
178 means; providing that criminal history check requests
179 by licensed importers, manufacturers, and dealers to
180 the department may be made by electronic means;
181 requiring the parties, if neither party to a sale,
182 lease, or transfer of a firearm is a licensed dealer,
183 to complete the sale, lease, or transfer through a
184 licensed dealer; specifying procedures and
185 requirements for a licensed dealer, a seller, lessor,
186 or transferor, and a buyer, lessee, or transferee;
187 authorizing a licensed dealer to charge a buyer or
188 transferee specified fees; providing applicability;
189 deleting provisions authorizing a licensee to complete
190 the sale or transfer of a firearm to a person without
191 receiving certain notification from the department
192 informing the licensee that such person is prohibited
193 from receipt or possession of a firearm or providing a
194 unique approval number under certain circumstances;
195 deleting provisions exempting a licensed importer,
196 licensed manufacturer, or licensed dealer from the
197 sale and delivery requirements, under certain
198 circumstances; amending s. 790.0655, F.S.; applying
199 the mandatory 3-day waiting period to private sales of
200 handguns facilitated through a licensed dealer;
201 amending s. 790.335, F.S.; conforming a cross
202 reference; providing