House Bill hb0493

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    Florida House of Representatives - 2001                 HB 493

        By Representative Bucher






  1                      A bill to be entitled

  2         An act relating to firearms; amending s.

  3         790.33, F.S.; authorizing a board of county

  4         commissioners to adopt an ordinance requiring

  5         the installation of a trigger lock on any

  6         firearm purchased, sold, transferred, or

  7         possessed within the county; requiring that law

  8         enforcement officers be exempt from the

  9         ordinance; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 790.33, Florida Statutes, is

14  amended to read:

15         790.33  Field of regulation of firearms and ammunition

16  preempted.--

17         (1)  PREEMPTION.--Except as expressly provided by

18  general law, the Legislature hereby declares that it is

19  occupying the whole field of regulation of firearms and

20  ammunition, including the purchase, sale, transfer, taxation,

21  manufacture, ownership, possession, and transportation

22  thereof, to the exclusion of all existing and future county,

23  city, town, or municipal ordinances or regulations relating

24  thereto.  Any such existing ordinances are hereby declared

25  null and void.  This subsection shall not affect zoning

26  ordinances which encompass firearms businesses along with

27  other businesses.  Zoning ordinances which are designed for

28  the purpose of restricting or prohibiting the sale, purchase,

29  transfer, or manufacture of firearms or ammunition as a method

30  of regulating firearms or ammunition are in conflict with this

31  subsection and are prohibited.

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    Florida House of Representatives - 2001                 HB 493

    738-101-01






  1         (2)  LIMITED EXCEPTION; COUNTY WAITING-PERIOD

  2  ORDINANCES.--

  3         (a)  Any county may have the option to adopt a

  4  waiting-period ordinance requiring a waiting period of up to,

  5  but not to exceed, 3 working days between the purchase and

  6  delivery of a handgun.  For purposes of this subsection,

  7  "purchase" means payment of deposit, payment in full, or

  8  notification of intent to purchase.  Adoption of a

  9  waiting-period ordinance, by any county, shall require a

10  majority vote of the county commission on votes on

11  waiting-period ordinances.  This exception is limited solely

12  to individual counties and is limited to the provisions and

13  restrictions contained in this subsection.

14         (b)  Ordinances authorized by this subsection shall

15  apply to all sales of handguns to individuals by a retail

16  establishment except those sales to individuals exempted in

17  this subsection.  For purposes of this subsection, "retail

18  establishment" means a gun shop, sporting goods store, pawn

19  shop, hardware store, department store, discount store, bait

20  or tackle shop, or any other store or shop that offers

21  handguns for walk-in retail sale but does not include gun

22  collectors shows or exhibits, or gun shows.

23         (c)  Ordinances authorized by this subsection shall not

24  require any reporting or notification to any source outside

25  the retail establishment, but records of handgun sales must be

26  available for inspection, during normal business hours, by any

27  law enforcement agency as defined in s. 934.02.

28         (d)  The following shall be exempt from any waiting

29  period:

30         1.  Individuals who are licensed to carry concealed

31  firearms under the provisions of s. 790.06 or who are licensed

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    Florida House of Representatives - 2001                 HB 493

    738-101-01






  1  to carry concealed firearms under any other provision of state

  2  law and who show a valid license;

  3         2.  Individuals who already lawfully own another

  4  firearm and who show a sales receipt for another firearm; who

  5  are known to own another firearm through a prior purchase from

  6  the retail establishment; or who have another firearm for

  7  trade-in;

  8         3.  A law enforcement or correctional officer as

  9  defined in s. 943.10;

10         4.  A law enforcement agency as defined in s. 934.02;

11         5.  Sales or transactions between dealers or between

12  distributors or between dealers and distributors who have

13  current federal firearms licenses; or

14         6.  Any individual who has been threatened or whose

15  family has been threatened with death or bodily injury,

16  provided the individual may lawfully possess a firearm and

17  provided such threat has been duly reported to local law

18  enforcement.

19         (3)  LIMITED EXCEPTION; COUNTY ORDINANCES REQUIRING

20  TRIGGER LOCKS.--Any board of county commissioners may adopt an

21  ordinance requiring that a trigger lock be installed on any

22  firearm that is purchased, sold, transferred, or possessed

23  within the county. An ordinance authorized by this subsection

24  must provide an exemption for law enforcement officers as

25  defined in s. 943.10.

26         (4)(3)  POLICY AND INTENT.--

27         (a)  It is the intent of this section to provide

28  uniform firearms laws in the state; to declare all ordinances

29  and regulations null and void which have been enacted by any

30  jurisdictions other than state and federal, which regulate

31  firearms, ammunition, or components thereof; to prohibit the

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    Florida House of Representatives - 2001                 HB 493

    738-101-01






  1  enactment of any future ordinances or regulations relating to

  2  firearms, ammunition, or components thereof unless

  3  specifically authorized by this section or general law; and to

  4  require local jurisdictions to enforce state firearms laws.

  5         (b)  As created by chapter 87-23, Laws of Florida, This

  6  section shall be known and may be cited as the "Joe Carlucci

  7  Uniform Firearms Act."

  8         Section 2.  This act shall take effect July 1, 2001.

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11                          SENATE SUMMARY

12    Authorizes a board of county commissioners to adopt an
      ordinance requiring that a trigger lock be installed on
13    any firearm purchased, sold, transferred, or possessed
      within the county. Requires that the ordinance provide an
14    exemption for law enforcement officers.

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