Senate Bill sb0096B

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 96-B

    By Senator Wasserman Schultz





    32-522-02

  1                      A bill to be entitled

  2         An act relating to sale or transfer of firearms

  3         at gun shows; amending s. 790.001, F.S.;

  4         defining the terms "gun show," "gun-show

  5         promoter," and "gun-show vendor"; creating s.

  6         790.0653, F.S.; prohibiting the sale or

  7         transfer of a firearm by a gun-show vendor at a

  8         gun show unless a criminal history background

  9         check of the prospective transferee has been

10         conducted; requiring approval of the transfer

11         from the Department of Law Enforcement;

12         providing a third-degree-felony penalty for

13         violation; providing a third-degree-felony

14         penalty for the willful and knowing provision

15         of false identification or fraudulent

16         information concerning the sale or transfer of

17         a firearm at a gun show; requiring licensed gun

18         dealers conducting criminal history background

19         checks at gun shows to record the transfer of a

20         firearm and retain records as otherwise

21         required by law; requiring gun-show promoters

22         to arrange for the services of one or more

23         licensed gun dealers to be on the premises of a

24         gun show for the purpose of obtaining

25         background checks; requiring posting of

26         specified notice at gun shows; providing a

27         first-degree-misdemeanor penalty for failure to

28         post such notice; exempting antique firearms

29         from the requirements of the act; authorizing

30         licensed gun dealers to charge a fee for

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 96-B
    32-522-02




  1         conducting background checks at gun shows;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Subsections (19), (20), and (21) are added

  7  to section 790.001, Florida Statutes, to read:

  8         790.001  Definitions.--As used in this chapter, except

  9  where the context otherwise requires:

10         (19)  "Gun show" means an event or function that is

11  sponsored to facilitate, in whole or in part, the purchase,

12  sale, offer for sale, or collection of firearms at which:

13         (a)  Twenty-five or more firearms are offered or

14  exhibited for sale, transfer, or exchange; or

15         (b)  Not fewer than three gun-show vendors exhibit,

16  sell, offer for sale, transfer, or exchange firearms.

17

18  The term includes the entire premises provided for the gun

19  show, including, but not limited to, parking areas for the gun

20  show.

21         (20)  "Gun-show promoter" means a person who organizes

22  or operates a gun show.

23         (21)  "Gun-show vendor" means any person who exhibits,

24  sells, offers for sale, transfers, or exchanges any firearm at

25  a gun show, regardless of whether the person arranges with a

26  gun-show promoter for a fixed location from which to exhibit,

27  sell, offer for sale, transfer, or exchange any firearm.

28         Section 2.  Section 790.0653, Florida Statutes, is

29  created to read:

30         790.0653  Gun shows; criminal history background

31  checks; penalty.--

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 96-B
    32-522-02




  1         (1)  A gun-show vendor may not sell or transfer a

  2  firearm at a gun show, or attempt to sell or transfer a

  3  firearm at a gun show, unless the the gun-show vendor has:

  4         (a)  Obtained a completed form from the potential buyer

  5  or transferee as required by s. 790.065(1)(a).

  6         (b)  Collected a fee from the potential buyer for

  7  processing the criminal history background check of the

  8  potential buyer. The fee shall be established by the

  9  Department of Law Enforcement and may not exceed $10 per

10  transaction. The provisions of s. 790.065(1)(b) governing the

11  deposit, use, and segregation of fees, procedures for fee

12  transmittal, reporting requirements, expenditure of excess

13  funds, and reduction or suspension of the collection of fees

14  apply to all fees collected under this paragraph.

15         (c)  Requested that a criminal history background check

16  of the prospective transferee be conducted by the Department

17  of Law Enforcement in accordance with s. 790.065.

18         (d)  Obtained a unique approval number for the

19  background inquiry from the Department of Law Enforcement and

20  recorded the date and the approval number in accordance with

21  s. 790.065.

22

23  If any part of a firearm transaction takes place at a gun

24  show, the firearm that is involved in such partial transaction

25  may not be sold or transferred unless a background check has

26  been conducted and a unique approval number has been obtained

27  by a licensed gun dealer as required under this subsection.

28         (2)(a)  A licensed gun dealer who obtains a criminal

29  history background check on a prospective transferee at a gun

30  show shall record the transfer and retain the records as

31  provided in s. 790.065.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 96-B
    32-522-02




  1         (b)  Any person who gives false information in

  2  connection with the making of such records commits a

  3  misdemeanor of the first degree, punishable as provided in s.

  4  775.082 or s. 775.083.

  5         (3)  A gun-show promoter shall arrange for the services

  6  of one or more licensed gun dealers to be on the premises of

  7  any gun show conducted or operated by the promoter for the

  8  purpose of obtaining the background checks required by this

  9  section.

10         (4)(a)  A gun-show promoter shall conspicuously post a

11  notice, in a form to be prescribed by the Department of Law

12  Enforcement, setting forth the requirement that a background

13  check be completed as provided in this section.

14         (b)  Any gun-show promoter who fails to post or

15  conspicuously display the notice required by paragraph (a) at

16  any gun show conducted by the gun-show promoter commits a

17  misdemeanor of the first degree, punishable as provided in s.

18  775.082 or s. 775.083.

19         (5)  This section does not apply to the transfer of an

20  antique firearm, as defined in s. 790.001(1).

21         (6)  Any licensed dealer, gun-show vendor, or gun-show

22  promoter who violates subsection (1) commits a felony of the

23  third degree, punishable as provided in s. 775.082, s.

24  775.083, or s. 775.084.

25         (7)  Any potential buyer or transferee who willfully

26  and knowingly provides false information or fraudulent

27  identification concerning the sale or transfer, or attempted

28  sale or transfer, of any weapon or firearm at a gun show

29  commits a felony of the third degree, punishable as provided

30  in s. 775.082, s. 775.083, or s. 775.084.

31         Section 3.  This act shall take effect January 1, 2002.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 96-B
    32-522-02




  1            *****************************************

  2                          SENATE SUMMARY

  3
      Requires gun-show vendors to conduct background checks
  4    and obtain approval from the Department of Law
      Enforcement prior to the sale or transfer of a firearm at
  5    a gun show. Provides a third-degree-felony penalty for
      violation. Provides a third-degree-felony penalty for the
  6    willful and knowing provision of false identification or
      fraudulent information concerning the sale or transfer of
  7    a firearm at a gun show. Requires the recording of
      firearms sales and transfers at gun shows and the
  8    retention of records as required by law. Requires
      gun-show promoters to arrange for the services of one or
  9    more licensed gun dealers to be on the premises of any
      gun show for the purpose of obtaining background checks.
10    Authorizes licensed gun dealers to charge a fee for
      conducting background checks at gun shows. Requires the
11    posting of a notice at gun shows which sets forth the
      requirement that a background check be completed prior to
12    the purchase or transfer of a firearm. Provides a
      first-degree-misdemeanor penalty for failure to post such
13    notice. Defines the terms "gun show," "gun-show
      promoter," and "gun-show vendor" for purposes of the act.
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.