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. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 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
shallnot 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 as37 under defined ins. 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: 51 790.0656 Sale 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.