Florida Senate - 2019                                     SB 654
       By Senator Book
       32-01016-19                                            2019654__
    1                        A bill to be entitled                      
    2         An act relating to transfers of firearms; amending s.
    3         790.001, F.S.; providing a definition; creating s.
    4         790.0653, F.S.; requiring transfers of firearms to be
    5         conducted through a licensed dealer; requiring deposit
    6         of the firearm with the licensed dealer under certain
    7         circumstances; requiring processing by the licensed
    8         dealer; providing for disposition of the firearm if
    9         the licensed dealer cannot legally complete the
   10         transaction or return the firearm to its owner;
   11         authorizing a fee; providing exceptions; providing
   12         criminal penalties; requiring law enforcement agencies
   13         to report certain violations by licensed dealers to
   14         the Attorney General; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Subsection (20) is added to section 790.001,
   19  Florida Statutes, to read:
   20         790.001 Definitions.—As used in this chapter, except where
   21  the context otherwise requires:
   22         (20)“Adult family member” means an individual’s spouse,
   23  parent, child, sibling, grandparent, grandchild, niece, nephew,
   24  first cousin, aunt, or uncle who is over 21 years of age.
   25         Section 2. Section 790.0653, Florida Statutes, is created
   26  to read:
   27         790.0653Transfers of firearms; transfer through licensed
   28  dealer required.—
   29         (1)A person may not sell or otherwise transfer a firearm,
   30  including selling or transferring a firearm via the Internet,
   31  unless:
   32         (a)The person is a licensed dealer;
   33         (b)The purchaser or other transferee is a licensed dealer;
   34  or
   35         (c)The requirements of subsection (2) are met.
   36         (2)If neither party to a prospective firearms transaction
   37  is a licensed dealer, the parties to the transaction shall
   38  complete the sale or other transfer through a licensed dealer as
   39  follows:
   40         (a)The seller or other transferor shall deliver the
   41  firearm to the licensed dealer, who shall retain possession of
   42  the firearm until all legal requirements for the sale or other
   43  transfer have been met, including compliance with any state or
   44  local waiting periods.
   45         (b)The licensed dealer shall process the sale or other
   46  transfer as if he or she were the seller or other transferor.
   47  The licensed dealer must comply with all requirements of federal
   48  and state law that would apply if he or she were the seller or
   49  other transferor of the firearm.
   50         (c)Notwithstanding any other provision of law, the
   51  licensed dealer may allow the seller or transferor who is not a
   52  licensed dealer to remove the firearm from the business premises
   53  of the licensed dealer while the background check is conducted
   54  and while the applicable waiting period requirements are met.
   55  The licensed dealer must comply with all requirements of federal
   56  and state law which would apply if he or she were the seller or
   57  other transferor of the firearm.
   58         (d)The licensed dealer shall comply with s. 790.065 and,
   59  if the transaction is not prohibited and after all other legal
   60  requirements are met, deliver the firearm to the purchaser or
   61  other transferee.
   62         (e)If the licensed dealer cannot legally deliver the
   63  firearm to the purchaser or other transferee because the person
   64  is prohibited from possessing a firearm under s. 790.065(2) or
   65  other state or federal law, the licensed dealer shall follow the
   66  requirements of s. 790.065, and, if the return is not
   67  prohibited, return the firearm to the seller or other
   68  transferor.
   69         (f)If the licensed dealer cannot legally return the
   70  firearm to the seller or other transferor, the licensed dealer
   71  shall deliver the firearm to the sheriff of the county in which
   72  the licensed dealer is located within 24 hours for disposition
   73  as provided in s. 790.08(5).
   74         (g)The licensed dealer may require the purchaser or other
   75  transferee to pay a fee covering the administrative costs
   76  incurred by the licensed dealer for facilitating the sale or
   77  transfer of the firearm, plus applicable fees pursuant to
   78  federal and state law.
   79         (3)Subsections (1) and (2) do not apply to the following:
   80         (a)A law enforcement or corrections agency, or a law
   81  enforcement or corrections officer acting within the course and
   82  scope of his or her employment or official duties.
   83         (b)The activities of the United States Marshals Service,
   84  members of the United States Armed Forces or the National Guard,
   85  or federal officials required to carry firearms while performing
   86  their official duties.
   87         (c)A gunsmith who receives a firearm solely for the
   88  purposes of service or repair, or the return of the firearm to
   89  its owner by the gunsmith.
   90         (d)A common carrier, warehouseman, or other person engaged
   91  in the business of transportation or storage, to the extent that
   92  the receipt of any firearm is in the ordinary course of business
   93  and not for the personal use of any such person.
   94         (e)A person who is loaned a firearm solely for the purpose
   95  of shooting at targets, if the loan occurs on the premises of a
   96  sport shooting range, and the firearm is at all times kept on
   97  the premises of the sport shooting range.
   98         (f)A person who is under 18 years of age who is loaned a
   99  firearm for lawful hunting or sporting purposes or for any other
  100  lawful recreational activity while under the direct supervision
  101  and control of a responsible adult.
  102         (g)A person who is 18 years of age or older who is loaned
  103  a firearm while he or she is accompanying the lawful owner and
  104  using the firearm for lawful hunting or sporting purposes or for
  105  any other lawful recreational activity.
  106         (h)An adult family member of the lawful owner of the
  107  firearm if the owner resides with the family member but is not
  108  currently present in the residence, provided that the family
  109  member does not maintain control over the firearm for more than
  110  14 consecutive days. This paragraph does not apply if the owner
  111  or the family member knows or has reasonable cause to believe
  112  that federal or state law prohibits the family member from
  113  purchasing or possessing firearms, or the owner knows or has
  114  reasonable cause to believe that the family member is likely to
  115  use the firearm for unlawful purposes.
  116         (i)A spouse, child, or parent of the firearm owner who
  117  acquired the firearm by operation of law upon the death of the
  118  former firearm owner.
  119         (j)The temporary transfer of a firearm if such transfer is
  120  to prevent immediate or imminent death or great bodily harm to
  121  one’s self or others, provided that the person to whom the
  122  firearm is transferred is not prohibited from possessing a
  123  firearm under state or federal law and the temporary transfer
  124  lasts no longer than necessary to prevent such immediate or
  125  imminent death or great bodily harm.
  126         (k)The sale or transfer of an antique firearm.
  127         (4)A person who violates this section commits a felony of
  128  the third degree, punishable as provided in s. 775.082, s.
  129  775.083, or s. 775.084.
  130         (5)In addition to any other penalty or remedy, the
  131  investigating law enforcement agency shall report any violation
  132  of this section committed by a licensed dealer to the Attorney
  133  General.
  134         (6)This section does not apply to any firearm modified to
  135  render it permanently inoperable.
  136         Section 3. This act shall take effect July 1, 2019.