Florida Senate - 2016                                    SB 1132
       
       
        
       By Senator Diaz de la Portilla
       
       40-01135-16                                           20161132__
    1                        A bill to be entitled                      
    2         An act relating to an exception to the waiting period
    3         for purchasing and delivering handguns; amending s.
    4         790.0655, F.S.; exempting the purchase of a handgun by
    5         a qualified law enforcement officer or a qualified
    6         retired law enforcement officer from the 3-day waiting
    7         period; providing a contingent effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 790.0655, Florida Statutes, is amended
   12  to read:
   13         790.0655 Purchase and delivery of handguns; mandatory
   14  waiting period; exceptions; penalties.—
   15         (1)(a) There shall be a mandatory 3-day waiting period,
   16  which shall be 3 days, excluding weekends and legal holidays,
   17  between the purchase and the delivery at retail of any handgun.
   18  “Purchase” means the transfer of money or other valuable
   19  consideration to the retailer. “Handgun” means a firearm capable
   20  of being carried and used by one hand, such as a pistol or
   21  revolver. “Retailer” means and includes every person engaged in
   22  the business of making sales at retail or for distribution, or
   23  use, or consumption, or storage to be used or consumed in this
   24  state, as defined in s. 212.02(13).
   25         (b) Records of handgun sales must be available for
   26  inspection by any law enforcement agency, as defined in s.
   27  934.02, during normal business hours.
   28         (2) The 3-day waiting period does shall not apply in the
   29  following circumstances:
   30         (a) When a handgun is being purchased by a holder of a
   31  concealed weapon weapons permit as defined in s. 790.06 or by a
   32  qualified law enforcement officer or qualified retired law
   33  enforcement officer who has a firearms proficiency verification
   34  card authorized by s. 943.132.
   35         (b) To a trade-in of another handgun.
   36         (3) It is a felony of the third degree, punishable as
   37  provided in s. 775.082, s. 775.083, or s. 775.084:
   38         (a) For any retailer, or any employee or agent of a
   39  retailer, to deliver a handgun before the expiration of the 3
   40  day waiting period, subject to the exceptions provided in
   41  subsection (2).
   42         (b) For a purchaser to obtain delivery of a handgun by
   43  fraud, false pretense, or false representation.
   44         Section 2. This act shall take effect on the effective date
   45  of the amendment to the State Constitution proposed in SJR ____
   46  or a similar joint resolution, if approved by a vote of the
   47  electors in the general election held in November 2016 or at an
   48  earlier special election specifically authorized by law for such
   49  purpose.