Florida Senate - 2011                                     SB 956
       
       
       
       By Senator Hays
       
       
       
       
       20-00756-11                                            2011956__
    1                        A bill to be entitled                      
    2         An act relating to firearms transactions; amending s.
    3         790.065, F.S.; providing that certain laws of this
    4         state regulating firearms transactions do not apply to
    5         transactions by a resident of this state which take
    6         place in another state; providing for the applicable
    7         law; requiring a specified background check for such
    8         transactions; repealing s. 790.28, F.S., relating to
    9         the purchase of rifles and shotguns in contiguous
   10         states by a Florida resident; providing an effective
   11         date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (1) of section 790.065, Florida
   16  Statutes, is amended to read:
   17         790.065 Sale and delivery of firearms.—
   18         (1)(a) A licensed importer, licensed manufacturer, or
   19  licensed dealer may not sell or deliver from her or his
   20  inventory at her or his licensed premises any firearm to another
   21  person, other than a licensed importer, licensed manufacturer,
   22  licensed dealer, or licensed collector, until she or he has:
   23         1.(a) Obtained a completed form from the potential buyer or
   24  transferee, which form shall have been promulgated by the
   25  Department of Law Enforcement and provided by the licensed
   26  importer, licensed manufacturer, or licensed dealer, which shall
   27  include the name, date of birth, gender, race, and social
   28  security number or other identification number of such potential
   29  buyer or transferee and has inspected proper identification
   30  including an identification containing a photograph of the
   31  potential buyer or transferee.
   32         2.(b) Collected a fee from the potential buyer for
   33  processing the criminal history check of the potential buyer.
   34  The fee shall be established by the Department of Law
   35  Enforcement and may not exceed $8 per transaction. The
   36  Department of Law Enforcement may reduce, or suspend collection
   37  of, the fee to reflect payment received from the Federal
   38  Government applied to the cost of maintaining the criminal
   39  history check system established by this section as a means of
   40  facilitating or supplementing the National Instant Criminal
   41  Background Check System. The Department of Law Enforcement
   42  shall, by rule, establish procedures for the fees to be
   43  transmitted by the licensee to the Department of Law
   44  Enforcement. All such fees shall be deposited into the
   45  Department of Law Enforcement Operating Trust Fund, but shall be
   46  segregated from all other funds deposited into such trust fund
   47  and must be accounted for separately. Such segregated funds must
   48  not be used for any purpose other than the operation of the
   49  criminal history checks required by this section. The Department
   50  of Law Enforcement, each year prior to February 1, shall make a
   51  full accounting of all receipts and expenditures of such funds
   52  to the President of the Senate, the Speaker of the House of
   53  Representatives, the majority and minority leaders of each house
   54  of the Legislature, and the chairs of the appropriations
   55  committees of each house of the Legislature. In the event that
   56  the cumulative amount of funds collected exceeds the cumulative
   57  amount of expenditures by more than $2.5 million, excess funds
   58  may be used for the purpose of purchasing soft body armor for
   59  law enforcement officers.
   60         3.(c) Requested, by means of a toll-free telephone call,
   61  the Department of Law Enforcement to conduct a check of the
   62  information as reported and reflected in the Florida Crime
   63  Information Center and National Crime Information Center systems
   64  as of the date of the request.
   65         4.(d) Received a unique approval number for that inquiry
   66  from the Department of Law Enforcement, and recorded the date
   67  and such number on the consent form.
   68         (b) However, If the person purchasing, or receiving
   69  delivery of, the firearm is a holder of a valid concealed
   70  weapons or firearms license pursuant to the provisions of s.
   71  790.06 or holds an active certification from the Criminal
   72  Justice Standards and Training Commission as a “law enforcement
   73  officer,” a “correctional officer,” or a “correctional probation
   74  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   75  (9), the provisions of this subsection does do not apply.
   76         (c) This section does not apply to the purchase, trade, or
   77  transfer of firearms by a resident of this state if the resident
   78  makes the purchase, trade, or transfer in another state, in
   79  which case the laws and regulations of that state and the United
   80  States governing the purchase, trade, or transfer of firearms
   81  apply. A National Instant Criminal Background Check System check
   82  shall be performed prior to the purchase, trade, or transfer of
   83  firearms by a resident of this state.
   84         Section 2. Section 790.28, Florida Statutes, is repealed.
   85         Section 3. This act shall take effect upon becoming a law.