House Bill hb0041B

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    Florida House of Representatives - 2001                HB 41-B

        By Representative Rich






  1                      A bill to be entitled

  2         An act relating to sale or transfer of firearms

  3         at gun shows; amending s. 790.001, F.S.;

  4         defining "gun show," "gun show promoter," and

  5         "gun show vendor"; creating s. 790.0653, F.S.;

  6         prohibiting the sale or transfer of a firearm

  7         by a gun show vendor at a gun show unless a

  8         criminal history background check of the

  9         prospective transferee has been conducted;

10         requiring approval of the transfer from the

11         Department of Law Enforcement; providing a

12         third degree felony penalty for violation;

13         providing a third degree felony penalty for the

14         willful and knowing provision of false

15         identification or fraudulent information

16         relative to the sale or transfer of a firearm

17         at a gun show; requiring licensed gun dealers

18         conducting criminal history background checks

19         at gun shows to record the transfer of a

20         firearm and retain records as otherwise

21         required by law; requiring gun show promoters

22         to arrange for the services of one or more

23         licensed gun dealers to be on the premises of a

24         gun show for the purpose of obtaining

25         background checks; requiring posting of

26         specified notice at gun shows; providing a

27         first degree misdemeanor penalty for failure to

28         post such notice; exempting antique firearms

29         from the requirements of the act; authorizing

30         licensed gun dealers to charge a fee for

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    Florida House of Representatives - 2001                HB 41-B

    790-101B-01






  1         conducting background checks at gun shows;

  2         providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsections (19), (20), and (21) are added

  7  to section 790.001, Florida Statutes, to read:

  8         790.001  Definitions.--As used in this chapter, except

  9  where the context otherwise requires:

10         (19)  "Gun show" means an event or function that is

11  sponsored to facilitate, in whole or in part, the purchase,

12  sale, offer for sale, or collection of firearms at which:

13         (a)  Twenty-five or more firearms are offered or

14  exhibited for sale, transfer, or exchange; or

15         (b)  Not less than three gun show vendors exhibit,

16  sell, offer for sale, transfer, or exchange firearms.

17

18  The term includes the entire premises provided for the gun

19  show, including, but not limited to, parking areas for the gun

20  show.

21         (20)  "Gun show promoter" means a person who organizes

22  or operates a gun show.

23         (21)  "Gun show vendor" means any person who exhibits,

24  sells, offers for sale, transfers, or exchanges any firearm at

25  a gun show, regardless of whether the person arranges with a

26  gun show promoter for a fixed location from which to exhibit,

27  sell, offer for sale, transfer, or exchange any firearm.

28         Section 2.  Section 790.0653, Florida Statutes, is

29  created to read:

30         790.0653  Gun shows; criminal history background

31  checks; penalty.--

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    Florida House of Representatives - 2001                HB 41-B

    790-101B-01






  1         (1)  A gun show vendor may not sell or transfer a

  2  firearm at a gun show, or attempt to sell or transfer a

  3  firearm at a gun show, unless the the gun show vendor has:

  4         (a)  Obtained a completed form from the potential buyer

  5  or transferee required by s. 790.065(1)(a).

  6         (b)  Collected a fee from the potential buyer for

  7  processing the criminal history background check of the

  8  potential buyer. The fee shall be established by the

  9  Department of Law Enforcement and may not exceed $10 per

10  transaction. The provisions of s. 790.065(1)(b) governing

11  deposit, use, and segregation of fees, procedures for fee

12  transmittal, reporting requirements, expenditure of excess

13  funds, and reduction or suspension of the collection of fees

14  shall apply to all fees collected pursuant to this paragraph.

15         (c)  Requested that a criminal history background check

16  of the prospective transferee be conducted by the Department

17  of Law Enforcement in accordance with s. 790.065.

18         (d)  Obtained a unique approval number for the

19  background inquiry from the Department of Law Enforcement and

20  recorded the date and the approval number in accordance with

21  s. 790.065.

22

23  If any part of a firearm transaction takes place at a gun

24  show, no firearm which is involved in such partial transaction

25  shall be sold or transferred unless a background check has

26  been conducted and a unique approval number has been obtained

27  by a licensed gun dealer as required under this subsection.

28         (2)(a)  A licensed gun dealer who obtains a criminal

29  history background check on a prospective transferee at a gun

30  show shall record the transfer and retain the records as

31  provided in s. 790.065.

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    Florida House of Representatives - 2001                HB 41-B

    790-101B-01






  1         (b)  Any individual who gives false information in

  2  connection with the making of such records commits a

  3  misdemeanor of the first degree, punishable as provided in s.

  4  775.082 or s. 775.083.

  5         (3)  A gun show promoter shall arrange for the services

  6  of one or more licensed gun dealers to be on the premises of

  7  any gun show conducted or operated by the promoter for the

  8  purpose of obtaining the background checks required by this

  9  section.

10         (4)(a)  A gun show promoter shall conspicuously post a

11  notice, in a form to be prescribed by the Department of Law

12  Enforcement, setting forth the requirement for completion of a

13  background check as provided in this section.

14         (b)  Any gun show promoter who fails to post or

15  conspicuously display the notice required under paragraph (a)

16  at any gun show conducted by the gun show promoter commits a

17  misdemeanor of the first degree, punishable as provided in s.

18  775.082 or s. 775.083.

19         (5)  The provisions of this section shall not apply to

20  the transfer of an antique firearm, as defined in s.

21  790.001(1).

22         (6)  Any licensed dealer, gun show vendor, or gun show

23  promoter who violates the provisions of subsection (1) commits

24  a felony of the third degree, punishable as provided in s.

25  775.082, s. 775.083, or s. 775.084.

26         (7)  Any potential buyer or transferee who willfully

27  and knowingly provides false information or fraudulent

28  identification with respect to the sale or transfer, or

29  attempted sale or transfer, of any weapon or firearm at a gun

30  show commits a felony of the third degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084.

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    Florida House of Representatives - 2001                HB 41-B

    790-101B-01






  1         Section 3.  This act shall take effect January 1, 2002.

  2

  3            *****************************************

  4                          HOUSE SUMMARY

  5
      Requires gun show vendors to conduct background checks
  6    and obtain approval from the Department of Law
      Enforcement prior to the sale or transfer of a firearm at
  7    a gun show. Provides a third degree felony penalty for
      violation. Provides a third degree felony penalty for the
  8    willful and knowing provision of false identification or
      fraudulent information relative to the sale or transfer
  9    of a firearm at a gun show. Requires recording of
      firearms sales and transfers at gun shows and retention
10    of records as required by law. Requires gun show
      promoters to arrange for the services of one or more
11    licensed gun dealers to be on the premises of any gun
      show for the purpose of obtaining background checks.
12    Authorizes licensed gun dealers to charge a $10 fee for
      conducting background checks at gun shows. Requires
13    posting of notice at gun shows which sets forth the
      requirement for completion of a background check prior to
14    purchase or transfer of a firearm. Provides a first
      degree misdemeanor penalty for failure to post such
15    notice. Defines "gun show," "gun show promoter," and "gun
      show vendor" for purposes of the act.
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