Florida Senate - 2017 SJR 910 By Senator Baxley 12-01284-17 2017910__ 1 Senate Joint Resolution 2 A joint resolution proposing amendments to Section 8 3 of Article I and Section 5 of Article VIII of the 4 State Constitution to exempt law enforcement officers 5 from the 3-day waiting period for handgun purchases 6 under state law and under any county ordinance 7 requiring a waiting period for handgun purchases. 8 9 Be It Resolved by the Legislature of the State of Florida: 10 11 That the following amendments to Section 8 of Article I and 12 Section 5 of Article VIII of the State Constitution are agreed 13 to and shall be submitted to the electors of this state for 14 approval or rejection at the next general election or at an 15 earlier special election specifically authorized by law for that 16 purpose: 17 ARTICLE I 18 DECLARATION OF RIGHTS 19 SECTION 8. Right to bear arms.— 20 (a) The right of the people to keep and bear arms in 21 defense of themselves and of the lawful authority of the state 22 shall not be infringed, except that the manner of bearing arms 23 may be regulated by law. 24 (b) There shall be a mandatory period of three days, 25 excluding weekends and legal holidays, between the purchase and 26 delivery at retail of any handgun. For the purposes of this 27 section, “purchase” means the transfer of money or other 28 valuable consideration to the retailer, and “handgun” means a 29 firearm capable of being carried and used by one hand, such as a 30 pistol or revolver. Holders of a concealed weapon permit and law 31 enforcement officers as prescribed in Florida law shall not be 32 subject to the provisions of this paragraph. 33 (c) The legislature shall enact legislation implementing 34 subsection (b) of this section, effective no later than December 35 31, 1991, which shall provide that anyone violating the 36 provisions of subsection (b) shall be guilty of a felony. 37 (d) This restriction shall not apply to a trade in of 38 another handgun. 39 ARTICLE VIII 40 LOCAL GOVERNMENT 41 SECTION 5. Local option.— 42 (a) Local option on the legality or prohibition of the sale 43 of intoxicating liquors, wines or beers shall be preserved to 44 each county. The status of a county with respect thereto shall 45 be changed only by vote of the electors in a special election 46 called upon the petition of twenty-five per cent of the electors 47 of the county, and not sooner than two years after an earlier 48 election on the same question. Where legal, the sale of 49 intoxicating liquors, wines and beers shall be regulated by law. 50 (b) Each county shall have the authority to require a 51 criminal history records check and a 3 to 5-day waiting period, 52 excluding weekends and legal holidays, in connection with the 53 sale of any firearm occurring within such county. For purposes 54 of this subsection, the term “sale” means the transfer of money 55 or other valuable consideration for any firearm when any part of 56 the transaction is conducted on property to which the public has 57 the right of access. Holders of a concealed weapons permit and 58 law enforcement officers as prescribed by general law shall not 59 be subject to the provisions of this subsection when purchasing 60 a firearm. 61 BE IT FURTHER RESOLVED that the following statement be 62 placed on the ballot: 63 CONSTITUTIONAL AMENDMENT 64 ARTICLE I, SECTION 8 65 ARTICLE VIII, SECTION 5 66 EXEMPTION FROM WAITING PERIOD FOR HANDGUN PURCHASES. 67 Proposing an amendment to the State Constitution to exempt law 68 enforcement officers, as prescribed in Florida law, from the 3 69 day waiting period for handgun purchases under state law and 70 under any county ordinance requiring a waiting period for 71 handgun purchases.