Florida Senate - 2017                                     SB 912
       By Senator Baxley
       12-01322-17                                            2017912__
    1                        A bill to be entitled                      
    2         An act relating to exceptions to requirements for the
    3         purchase and sale of firearms; amending s. 790.0655,
    4         F.S.; exempting certain qualified law enforcement
    5         officers and qualified retired law enforcement
    6         officers from the 3-day waiting period for purchasing
    7         a handgun; creating s. 790.0656, F.S.; exempting
    8         concealed weapon or concealed firearm licensees and
    9         certain current and retired law enforcement officers
   10         from certain county criminal history and waiting
   11         period requirements when purchasing a firearm;
   12         providing a contingent effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 790.0655, Florida Statutes, is amended
   17  to read:
   18         790.0655 Purchase and delivery of handguns; mandatory
   19  waiting period; exceptions; penalties.—
   20         (1)(a) There shall be a mandatory 3-day waiting period,
   21  which shall be 3 days, excluding weekends and legal holidays,
   22  between the purchase and the delivery at retail of any handgun.
   23  “Purchase” means the transfer of money or other valuable
   24  consideration to the retailer. “Handgun” means a firearm capable
   25  of being carried and used by one hand, such as a pistol or
   26  revolver. “Retailer” means and includes every person engaged in
   27  the business of making sales at retail or for distribution, or
   28  use, or consumption, or storage to be used or consumed in this
   29  state, as defined in s. 212.02(13).
   30         (b) Records of handgun sales must be available for
   31  inspection by any law enforcement agency, as defined in s.
   32  934.02, during normal business hours.
   33         (2) The 3-day waiting period does shall not apply in the
   34  following circumstances:
   35         (a) When a handgun is being purchased by a holder of a
   36  license to carry a concealed weapon or firearm weapons permit as
   37  under defined in s. 790.06 or by a qualified law enforcement
   38  officer or qualified retired law enforcement officer who has a
   39  firearms proficiency verification card under s. 943.132.
   40         (b) To a trade-in of another handgun.
   41         (3) It is a felony of the third degree, punishable as
   42  provided in s. 775.082, s. 775.083, or s. 775.084:
   43         (a) For any retailer, or any employee or agent of a
   44  retailer, to deliver a handgun before the expiration of the 3
   45  day waiting period, subject to the exceptions provided in
   46  subsection (2).
   47         (b) For a purchaser to obtain delivery of a handgun by
   48  fraud, false pretense, or false representation.
   49         Section 2. Section 790.0656, Florida Statutes, is created
   50  to read:
   51         790.0656Sale of firearms; county requirements;
   52  exceptions.—Criminal history records checks or waiting period
   53  requirements adopted by a county pursuant to s. 5(b), Art. VIII
   54  of the State Constitution in connection with the sale of a
   55  firearm occurring within the county do not apply if the firearm
   56  is being purchased by a holder of a license to carry a concealed
   57  weapon or concealed firearm under s. 790.06 or by a qualified
   58  law enforcement officer or qualified retired law enforcement
   59  officer who has a firearms proficiency verification card under
   60  s. 943.132.
   61         Section 3. This act shall take effect on the effective date
   62  of the amendment to the State Constitution proposed in SJR ____
   63  or a similar joint resolution, if approved by a vote of the
   64  electors in the general election held in November 2018 or at an
   65  earlier special election specifically authorized by law for such
   66  purpose.