Florida Senate - 2017                                    SJR 910
       By Senator Baxley
       12-01284-17                                            2017910__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Section 8
    3         of Article I and Section 5 of Article VIII of the
    4         State Constitution to exempt law enforcement officers
    5         from the 3-day waiting period for handgun purchases
    6         under state law and under any county ordinance
    7         requiring a waiting period for handgun purchases.
    9  Be It Resolved by the Legislature of the State of Florida:
   11         That the following amendments to Section 8 of Article I and
   12  Section 5 of Article VIII of the State Constitution are agreed
   13  to and shall be submitted to the electors of this state for
   14  approval or rejection at the next general election or at an
   15  earlier special election specifically authorized by law for that
   16  purpose:
   17                              ARTICLE I                            
   18                        DECLARATION OF RIGHTS                      
   19         SECTION 8. Right to bear arms.—
   20         (a) The right of the people to keep and bear arms in
   21  defense of themselves and of the lawful authority of the state
   22  shall not be infringed, except that the manner of bearing arms
   23  may be regulated by law.
   24         (b) There shall be a mandatory period of three days,
   25  excluding weekends and legal holidays, between the purchase and
   26  delivery at retail of any handgun. For the purposes of this
   27  section, “purchase” means the transfer of money or other
   28  valuable consideration to the retailer, and “handgun” means a
   29  firearm capable of being carried and used by one hand, such as a
   30  pistol or revolver. Holders of a concealed weapon permit and law
   31  enforcement officers as prescribed in Florida law shall not be
   32  subject to the provisions of this paragraph.
   33         (c) The legislature shall enact legislation implementing
   34  subsection (b) of this section, effective no later than December
   35  31, 1991, which shall provide that anyone violating the
   36  provisions of subsection (b) shall be guilty of a felony.
   37         (d) This restriction shall not apply to a trade in of
   38  another handgun.
   39                            ARTICLE VIII                           
   40                          LOCAL GOVERNMENT                         
   41         SECTION 5. Local option.—
   42         (a) Local option on the legality or prohibition of the sale
   43  of intoxicating liquors, wines or beers shall be preserved to
   44  each county. The status of a county with respect thereto shall
   45  be changed only by vote of the electors in a special election
   46  called upon the petition of twenty-five per cent of the electors
   47  of the county, and not sooner than two years after an earlier
   48  election on the same question. Where legal, the sale of
   49  intoxicating liquors, wines and beers shall be regulated by law.
   50         (b) Each county shall have the authority to require a
   51  criminal history records check and a 3 to 5-day waiting period,
   52  excluding weekends and legal holidays, in connection with the
   53  sale of any firearm occurring within such county. For purposes
   54  of this subsection, the term “sale” means the transfer of money
   55  or other valuable consideration for any firearm when any part of
   56  the transaction is conducted on property to which the public has
   57  the right of access. Holders of a concealed weapons permit and
   58  law enforcement officers as prescribed by general law shall not
   59  be subject to the provisions of this subsection when purchasing
   60  a firearm.
   61         BE IT FURTHER RESOLVED that the following statement be
   62  placed on the ballot:
   63                      CONSTITUTIONAL AMENDMENT                     
   64                        ARTICLE I, SECTION 8                       
   65                       ARTICLE VIII, SECTION 5                     
   67  Proposing an amendment to the State Constitution to exempt law
   68  enforcement officers, as prescribed in Florida law, from the 3
   69  day waiting period for handgun purchases under state law and
   70  under any county ordinance requiring a waiting period for
   71  handgun purchases.