Florida Senate - 2013                                    SB 1640
       By Senator Sachs
       34-01280A-13                                          20131640__
    1                        A bill to be entitled                      
    2         An act relating to weapons or firearms; providing a
    3         short title; creating s. 790.0653, F.S.; requiring
    4         transfers of firearms when neither party is a licensed
    5         dealer to be conducted through a licensed dealer;
    6         requiring deposit of the firearm with the dealer;
    7         requiring processing by the dealer; providing for
    8         disposition of the firearm if the dealer cannot
    9         legally complete the transaction; authorizing a fee;
   10         providing exceptions; providing criminal penalties for
   11         violations; requiring reports of violations by
   12         licensed dealers; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. This act may be cited as the “Universal
   17  Background Check Act.”
   18         Section 2. Section 790.0653, Florida Statutes, is created
   19  to read:
   20         790.0653 Transfers of firearms; transfer thorough licensed
   21  dealer required.—
   22         (1) A person may not sell or otherwise transfer a firearm,
   23  including selling or transferring a firearm via the Internet,
   24  unless:
   25         (a) The person is a licensed dealer;
   26         (b) The purchaser or other transferee is a licensed dealer;
   27  or
   28         (c) The requirements of subsection (2) are met.
   29         (2) If neither party to a prospective firearms transaction
   30  is a licensed dealer, the parties to the transaction shall
   31  complete the sale or other transfer through a licensed dealer as
   32  follows:
   33         (a) The seller or other transferor shall deliver the
   34  firearm to the dealer, who shall retain possession of the
   35  firearm until all legal requirements for the sale or other
   36  transfer have been met, including compliance with any state or
   37  local waiting periods.
   38         (b) The dealer shall process the sale or other transfer as
   39  if he or she were the seller or other transferor. The dealer
   40  shall comply with all requirements of federal and state law that
   41  would apply if he or she were the seller or other transferor of
   42  the firearm.
   43         (c) The dealer shall follow the requirements of s. 790.065
   44  and, if the transaction is not prohibited, deliver the firearm
   45  to the purchaser or other transferee after all other legal
   46  requirements are met.
   47         (d) If the dealer cannot legally deliver the firearm to the
   48  purchaser or other transferee, the dealer shall follow the
   49  requirements of s. 790.065, and, if the return is not
   50  prohibited, return the firearm to the seller or other
   51  transferor.
   52         (e) If the dealer cannot legally return the firearm to the
   53  seller or other transferor, the dealer shall deliver the firearm
   54  to the sheriff of the county in which the dealer is located
   55  within 24 hours.
   56         (f) The dealer may require the purchaser or other
   57  transferee to pay a fee covering the administrative costs
   58  incurred by the dealer for facilitating the transfer of the
   59  firearm, plus applicable fees pursuant to federal and state law.
   60         (3) Subsections (1) and (2) do not apply to the following:
   61         (a) A law enforcement or corrections agency, or a law
   62  enforcement or corrections officer acting within the course and
   63  scope of his or her employment or official duties.
   64         (b) A gunsmith who receives a firearm solely for the
   65  purposes of service or repair, or the return of the firearm to
   66  its owner by the gunsmith.
   67         (c) A common carrier, warehouseman, or other person engaged
   68  in the business of transportation or storage, to the extent that
   69  the receipt of any firearm is in the ordinary course of business
   70  and not for the personal use of any such person.
   71         (d) A person who is loaned a firearm solely for the purpose
   72  of shooting at targets, if the loan occurs on the premises of a
   73  target facility, and the firearm is at all times kept within the
   74  premises of the target range.
   75         (e) A person who is under 18 years of age who is loaned a
   76  firearm for lawful hunting or sporting purposes or for any other
   77  lawful recreational activity while under the direct supervision
   78  and control of a responsible adult.
   79         (f) A person who is 18 years of age or older who is loaned
   80  a firearm while the person is accompanying the lawful owner and
   81  using the firearm for lawful hunting or sporting purposes or for
   82  any other lawful recreational activity.
   83         (g) An adult family member of the lawful owner of the
   84  firearm if the owner resides with the family member but is not
   85  currently present in the residence, provided that the family
   86  member does not maintain control over the firearm for more than
   87  14 consecutive days. This paragraph does not apply if the owner
   88  or the family member knows or has reasonable cause to believe
   89  that federal or state law prohibits the family member from
   90  purchasing or possessing firearms, or the owner knows or has
   91  reasonable cause to believe that the family member is likely to
   92  use the firearm for unlawful purposes.
   93         (h) A spouse, child, or parent of the firearm owner who
   94  acquired the firearm by operation of law upon the death of the
   95  former firearm owner.
   96         (4) A person who violates this section commits a felony of
   97  the third degree, punishable as provided in s. 775.082, s.
   98  775.083, or s. 775.084.
   99         (5) In addition to any other penalty or remedy, the
  100  investigating law enforcement agency shall report any violation
  101  of this section committed by a licensed dealer to the Attorney
  102  General.
  103         Section 3. This act shall take effect October 1, 2013.