Florida Senate - 2013                                    SB 1678
       
       
       
       By Senator Gibson
       
       
       
       
       9-00411B-13                                           20131678__
    1                        A bill to be entitled                      
    2         An act relating to firearms; amending s. 790.0655,
    3         F.S.; requiring a 3-day waiting period for the sale of
    4         any firearm; providing exceptions; providing
    5         penalties; creating s. 790.06551, F.S.; prohibiting
    6         the sale of ammunition to a person who has not
    7         completed an anger-management program; requiring
    8         certification of completion of an anger-management
    9         program to be renewed every 10 years; providing
   10         minimum program requirements; prohibiting the purchase
   11         of ammunition by fraudulent means; providing criminal
   12         penalties; providing an 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 firearms handguns;
   19  mandatory 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 firearm,
   23  as defined in s. 790.001 handgun. “Purchase” means the transfer
   24  of money or other valuable consideration to the retailer.
   25  “Handgun” means a firearm capable of being carried and used by
   26  one hand, such as a pistol or revolver. “Retailer” means and
   27  includes every person engaged in the business of making sales at
   28  retail or for distribution, or use, or consumption, or storage
   29  to be used or consumed in this state, as defined in s.
   30  212.02(13).
   31         (b) Records of firearm handgun sales must be available for
   32  inspection by any law enforcement agency, as defined in s.
   33  934.02, during normal business hours.
   34         (2) The 3-day waiting period does shall not apply in the
   35  following circumstances:
   36         (a) When a firearm handgun is being purchased by a holder
   37  of a concealed weapons permit as defined in s. 790.06.
   38         (b) To a trade-in of another firearm handgun.
   39         (3) It is a felony of the third degree, punishable as
   40  provided in s. 775.082, s. 775.083, or s. 775.084:
   41         (a) For any retailer, or any employee or agent of a
   42  retailer, to deliver a firearm handgun before the expiration of
   43  the 3-day waiting period, subject to the exceptions provided in
   44  subsection (2).
   45         (b) For a purchaser to obtain delivery of a firearm handgun
   46  by fraud, false pretense, or false representation.
   47         Section 2. Section 790.06551, Florida Statutes, is created
   48  to read:
   49         790.06551 Sale of ammunition; mandatory anger-management
   50  program; penalties.—
   51         (1) It is unlawful to:
   52         (a) Sell ammunition to another person who does not present
   53  certification that he or she has successfully completed an
   54  anger-management program consisting of at least 2 hours of
   55  online or face-to-face instruction in anger-management
   56  techniques. The certification must be renewed every 10 years.
   57         (b) Purchase or otherwise obtain ammunition by fraud, false
   58  pretense, or false representation.
   59         (2) A person who violates this section commits a
   60  misdemeanor of the second degree, punishable as provided in s.
   61  775.082 or s. 775.083. A person who violates this section a
   62  second or subsequent time within 1 year after a prior conviction
   63  commits a misdemeanor of the first degree, punishable as
   64  provided in s. 775.082 or s. 775.083.
   65         Section 3. This act shall take effect July 1, 2013.