Senate Bill sb3080

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    Florida Senate - 2004                                 SJR 3080

    By Senator Diaz de la Portilla





    36-2024-04

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 8 of Article I of the State

  4         Constitution, relating to an exception to the

  5         mandatory 3-day waiting period associated with

  6         the purchase and delivery of handguns for law

  7         enforcement officers who are exempt from the

  8         licensing and penal provisions governing

  9         weapons and firearms.

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11  Be It Resolved by the Legislature of the State of Florida:

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13         That the following amendment to Section 8 of Article I

14  of the State Constitution is agreed to and shall be submitted

15  to the electors of this state for approval or rejection at the

16  next general election or at an earlier special election

17  specifically authorized by law for that purpose:

18                            ARTICLE I

19                      DECLARATION OF RIGHTS

20         SECTION 8.  Right to bear arms.--

21         (a)  The right of the people to keep and bear arms in

22  defense of themselves and of the lawful authority of the state

23  shall not be infringed, except that the manner of bearing arms

24  may be regulated by law.

25         (b)  There shall be a mandatory period of three days,

26  excluding weekends and legal holidays, between the purchase

27  and delivery at retail of any handgun.  For the purposes of

28  this section, "purchase" means the transfer of money or other

29  valuable consideration to the retailer, and "handgun" means a

30  firearm capable of being carried and used by one hand, such as

31  a pistol or revolver. Holders of a concealed weapon permit and

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    Florida Senate - 2004                                 SJR 3080
    36-2024-04




 1  law enforcement officers who are exempt from weapons and

 2  firearms licensing and penal provisions as prescribed in

 3  Florida law shall not be subject to the provisions of this

 4  paragraph.

 5         (c)  The legislature shall enact legislation

 6  implementing subsection (b) of this section, effective no

 7  later than December 31, 1991, which shall provide that anyone

 8  violating the provisions of subsection (b) shall be guilty of

 9  a felony.

10         (d)  This restriction shall not apply to a trade in of

11  another handgun.

12         BE IT FURTHER RESOLVED that the following statement be

13  placed on the ballot:

14                     CONSTITUTIONAL AMENDMENT

15                       ARTICLE I, SECTION 8

16         WAITING PERIOD FOR HANDGUN PURCHASES; EXCEPTION FOR

17  CERTAIN LAW ENFORCEMENT OFFICERS.--Proposing an amendment to

18  the State Constitution to provide an exception to the

19  mandatory 3-day waiting period associated with the purchase

20  and delivery of handguns for law enforcement officers who are

21  otherwise exempt from the licensing and penal provisions in

22  state law governing weapons and firearms.

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CODING: Words stricken are deletions; words underlined are additions.