Florida Senate - 2019                                     SB 468
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00430-19                                            2019468__
    1                        A bill to be entitled                      
    2         An act relating to firearms; amending s. 790.065,
    3         F.S.; requiring the Department of Law Enforcement to
    4         include on a standard form certain questions
    5         concerning a potential firearm buyer’s criminal
    6         history and other information relating to the person’s
    7         eligibility to make the firearm purchase; requiring
    8         the department to notify certain law enforcement
    9         agencies when a potential sale or transfer receives a
   10         nonapproval number; providing requirements for such
   11         notice; requiring that, if neither party to a
   12         prospective firearms sale, lease, or transfer is a
   13         licensed dealer, the parties must complete the sale,
   14         lease, or transfer through a licensed dealer;
   15         specifying procedures and requirements for a licensed
   16         dealer, seller, lessor, or transferor, and a buyer,
   17         lessee, or transferee, including a required background
   18         check; providing applicability; revising the
   19         applicability of certain requirements imposed on
   20         licensed importers, licensed manufacturers, or
   21         licensed dealers; revising applicability of the
   22         prohibition against certain sales or deliveries of
   23         firearms to include certain purchases, trades, and
   24         transfers of a rifle or shotgun; deleting provisions
   25         exempting, under certain circumstances, a licensed
   26         importer, licensed manufacturer, or licensed dealer
   27         from the sale and delivery requirements; deleting
   28         provisions authorizing a licensee to complete the sale
   29         or transfer of a firearm to a person without receiving
   30         notification from the department informing the
   31         licensee as to whether such person is prohibited from
   32         receipt or possession of a firearm or providing a
   33         unique approval number; prohibiting the sale or
   34         transfer, or facilitation of a sale or transfer, of a
   35         firearm to a person younger than a certain age by any
   36         person or entity; revising an exception to the
   37         prohibitions; amending s. 790.0655, F.S.; applying a
   38         mandatory waiting period to private sales of firearms
   39         facilitated through a licensed dealer; amending s.
   40         790.335, F.S.; conforming a cross-reference; providing
   41         an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Subsections (1), (3), and (10) and present
   46  subsection (13) of section 790.065, Florida Statutes, are
   47  amended, and paragraph (a) of present subsection (4) and
   48  paragraphs (b) and (c) of present subsection (12) of that
   49  section are republished, to read:
   50         790.065 Sale and delivery of firearms.—
   51         (1)(a) A licensed importer, licensed manufacturer, or
   52  licensed dealer may not sell or deliver from her or his
   53  inventory at her or his licensed premises any firearm to another
   54  person, other than a licensed importer, licensed manufacturer,
   55  licensed dealer, or licensed collector, until she or he has:
   56         1. Provided to and obtained a completed form from the
   57  potential buyer or transferee a completed form, adopted by the
   58  Department of Law Enforcement, which form shall have been
   59  promulgated by the Department of Law Enforcement and provided by
   60  the licensed importer, licensed manufacturer, or licensed
   61  dealer, which, at a minimum, must shall include the name, date
   62  of birth, gender, race, and social security number or other
   63  identification number of the such potential buyer or transferee;
   64  questions as to any criminal history of the potential buyer or
   65  transferee; and other information relating to his or her
   66  eligibility to purchase a firearm, and has inspected proper
   67  identification, which must include including an identification
   68  containing a photograph of the potential buyer or transferee.
   69         a.If the review of records under subsection (2) indicates
   70  that the potential buyer or transferee is prohibited under state
   71  or federal law from having in her or his care, custody,
   72  possession, or control a firearm and that the potential
   73  transfer, sale, or purchase has received a nonapproval number,
   74  the Department of Law Enforcement shall send notification of
   75  such nonapproval to the federal or state correctional, law
   76  enforcement, prosecutorial, and other criminal justice agencies
   77  that have jurisdiction in the county where the transfer or
   78  purchase was attempted.
   79         b.The Department of Law Enforcement shall, for each
   80  county, identify the federal or state correctional, law
   81  enforcement, prosecutorial, and other criminal justice agencies
   82  that must receive such notification of nonapproval.
   83         c.The notification of nonapproval must include the
   84  identity of the potential buyer or transferee, the identity of
   85  the licensee who made the inquiry, the date and time of issuance
   86  of the nonapproval number, the reason for the nonapproval, and
   87  the location where the attempted purchase or transfer occurred.
   88         d.Except in instances in which a delay is necessary to
   89  avoid compromising an ongoing investigation, in which case the
   90  Department of Law Enforcement may delay notification for as long
   91  as necessary, the department shall notify the required agencies
   92  within 1 week after issuance of the notice of the nonapproval.
   93  Such notifications, which may be made by any means, whether
   94  oral, written, or electronic, may be aggregated, provided that
   95  they are timely made.
   96         2. Collected a fee from the potential buyer or transferee
   97  for processing the criminal history check of the potential
   98  buyer. The fee shall be established by the Department of Law
   99  Enforcement shall establish the fee, which and may not exceed $8
  100  per transaction. The Department of Law Enforcement may reduce,
  101  or suspend collection of, the fee to reflect payment received
  102  from the Federal Government applied to the cost of maintaining
  103  the criminal history check system established by this section as
  104  a means of facilitating or supplementing the National Instant
  105  Criminal Background Check System. The Department of Law
  106  Enforcement shall, by rule, establish procedures for the fees to
  107  be transmitted by the licensee to the Department of Law
  108  Enforcement. Such procedures must provide that fees may be paid
  109  or transmitted by electronic means, including, but not limited
  110  to, debit cards, credit cards, or electronic funds transfers.
  111  All such fees shall be deposited into the Department of Law
  112  Enforcement Operating Trust Fund, but shall be segregated from
  113  all other funds deposited into such trust fund and must be
  114  accounted for separately. Such segregated funds must not be used
  115  for any purpose other than the operation of the criminal history
  116  checks required by this section. The Department of Law
  117  Enforcement, each year before February 1, shall make a full
  118  accounting of all receipts and expenditures of such funds to the
  119  President of the Senate, the Speaker of the House of
  120  Representatives, the majority and minority leaders of each house
  121  of the Legislature, and the chairs of the appropriations
  122  committees of each house of the Legislature. In the event that
  123  the cumulative amount of funds collected exceeds the cumulative
  124  amount of expenditures by more than $2.5 million, excess funds
  125  may be used for the purpose of purchasing soft body armor for
  126  law enforcement officers.
  127         3. Requested, by means of a toll-free telephone call or
  128  other electronic means, the Department of Law Enforcement to
  129  conduct a check of the information as reported and reflected in
  130  the Florida Crime Information Center and National Crime
  131  Information Center systems as of the date of the request.
  132         4. Received a unique approval number for that inquiry from
  133  the Department of Law Enforcement, and recorded the date and
  134  such number on the consent form.
  135         (b)1.If neither party to a prospective firearms sale,
  136  lease, or transfer is a licensed dealer, the parties to the
  137  transaction must complete the sale, lease, or transfer through a
  138  licensed dealer as follows:
  139         a. The seller, lessor, or transferor shall deliver the
  140  firearm to a licensed dealer, who shall process the sale, lease,
  141  or transfer as if she or he were the seller, lessor, or
  142  transferor, except that the seller, lessor, or transferor who is
  143  not a licensed dealer may remove the firearm from the business
  144  premises of the licensed dealer while the background check is
  145  being conducted and while the waiting period requirement set
  146  forth in s. 790.0655 is being met. Other than allowing the
  147  unlicensed seller or transferor to remove the firearm from the
  148  licensed dealer’s business premises, the licensed dealer shall
  149  comply with all requirements of federal and state law which
  150  would apply if she or he were the seller, lessor, or transferor
  151  of the firearm;
  152         b. The licensed dealer shall conduct a background check on
  153  the buyer or other transferee as provided in this section and,
  154  unless the transaction is prohibited, and after all other legal
  155  requirements are met, including those set forth in s. 790.0655,
  156  the licensed dealer shall either:
  157         (I) Deliver the firearm to the seller, lessor, or
  158  transferor, who shall complete the transaction and deliver the
  159  firearm to the buyer; or
  160         (II) If the seller, lessor, or transferor has removed the
  161  firearm from the licensed dealer’s business premises, contact
  162  the seller, lessor, or transferor to let her or him know that
  163  she or he may complete the transaction and deliver the firearm
  164  to the buyer; and
  165         c. If the licensed dealer cannot legally complete the
  166  transaction, the dealer must:
  167         (I) Return the firearm to the seller, lessor, or
  168  transferor; or
  169         (II) If the seller, lessor, or transferor has removed the
  170  firearm from the licensed dealer’s business premises, contact
  171  the seller, lessor, or transferor to let her or him know that
  172  the transaction is prohibited and that the seller, lessor, or
  173  transferor may not deliver the firearm to the buyer.
  174         2. This paragraph does not apply to:
  175         a. The activities of the United States Marshals Service,
  176  members of the United States Armed Forces or the National Guard,
  177  or federal officials required to carry firearms while performing
  178  their official duties; or
  179         b. The following activities, unless the lawful owner knows
  180  or has reasonable cause to believe that federal, state, or local
  181  law prohibits the transferee from purchasing or possessing
  182  firearms or that the transferee is likely to use the firearm for
  183  unlawful purposes:
  184         (I) The delivery of a firearm to a gunsmith for service or
  185  repair or the return of the firearm to its owner by the
  186  gunsmith;
  187         (II) The transfer of a firearm to a carrier, warehouseman,
  188  or other person engaged in the business of transportation or
  189  storage, to the extent that the receipt, possession, or having
  190  on or about the person any firearm is in the ordinary course of
  191  business and in conformity with federal, state, and local laws,
  192  and not for the personal use of any such person;
  193         (III) The loan of a firearm solely for the purpose of
  194  shooting at targets, if the loan occurs on the premises of a
  195  properly licensed target facility and if the firearm is at all
  196  times kept within the premises of the target facility;
  197         (IV) The loan of a firearm to a person who is under 18
  198  years of age for lawful hunting, sporting, or educational
  199  purposes while under the direct supervision and control of a
  200  responsible adult;
  201         (V) The loan of a firearm to a person who is 18 years of
  202  age or older if the firearm remains in the person’s possession
  203  only while the person is accompanying the lawful owner and using
  204  the firearm for lawful hunting, sporting, or recreational
  205  purposes; or
  206         (VI) The loan of a firearm to an adult family member of the
  207  lawful owner of the firearm if the lawful owner resides with the
  208  family member but is not present in the residence and the family
  209  member does not maintain control over the firearm for more than
  210  10 consecutive days.
  211  
  212  This subsection does not apply (b)However, if the person
  213  purchasing, or receiving delivery of, the firearm is a holder of
  214  a valid concealed weapons or firearms license pursuant to the
  215  provisions of s. 790.06 or holds an active certification from
  216  the Criminal Justice Standards and Training Commission as a “law
  217  enforcement officer,” a “correctional officer,” or a
  218  “correctional probation officer” as defined in s. 943.10(1),
  219  (2), (3), (6), (7), (8), or (9), this subsection does not apply.
  220         (c) This subsection does not apply to the purchase, trade,
  221  or transfer of a rifle or shotgun by a resident of this state
  222  when the resident makes such purchase, trade, or transfer from a
  223  licensed importer, licensed manufacturer, or licensed dealer in
  224  another state.
  225         (3) In the event of scheduled computer downtime, electronic
  226  failure, or similar emergency beyond the control of the
  227  Department of Law Enforcement, the department shall immediately
  228  notify the licensee of the reason for, and estimated length of,
  229  such delay. After such notification, the department shall
  230  forthwith, and in no event later than the end of the next
  231  business day of the licensee, either inform the requesting
  232  licensee if its records demonstrate that the buyer or transferee
  233  is prohibited from receipt or possession of a firearm pursuant
  234  to Florida and Federal law or provide the licensee with a unique
  235  approval number. Unless notified by the end of said next
  236  business day that the buyer or transferee is so prohibited, and
  237  without regard to whether she or he has received a unique
  238  approval number, the licensee may complete the sale or transfer
  239  and shall not be deemed in violation of this section with
  240  respect to such sale or transfer.
  241         (3)(a)(4)(a) Any records containing any of the information
  242  set forth in subsection (1) pertaining to a buyer or transferee
  243  who is not found to be prohibited from receipt or transfer of a
  244  firearm by reason of Florida and federal law which records are
  245  created by the Department of Law Enforcement to conduct the
  246  criminal history record check shall be confidential and exempt
  247  from the provisions of s. 119.07(1) and may not be disclosed by
  248  the Department of Law Enforcement or any officer or employee
  249  thereof to any person or to another agency. The Department of
  250  Law Enforcement shall destroy any such records forthwith after
  251  it communicates the approval and nonapproval numbers to the
  252  licensee and, in any event, such records shall be destroyed
  253  within 48 hours after the day of the response to the licensee’s
  254  request.
  255         (10) A licensed importer, licensed manufacturer, or
  256  licensed dealer is not required to comply with the requirements
  257  of this section in the event of:
  258         (a) Unavailability of telephone service at the licensed
  259  premises due to the failure of the entity which provides
  260  telephone service in the state, region, or other geographical
  261  area in which the licensee is located to provide telephone
  262  service to the premises of the licensee due to the location of
  263  said premises; or the interruption of telephone service by
  264  reason of hurricane, tornado, flood, natural disaster, or other
  265  act of God, war, invasion, insurrection, riot, or other bona
  266  fide emergency, or other reason beyond the control of the
  267  licensee; or
  268         (b) Failure of the Department of Law Enforcement to comply
  269  with the requirements of subsections (2) and (3).
  270         (10)(12)
  271         (b) Any licensed importer, licensed manufacturer, or
  272  licensed dealer who violates the provisions of subsection (1)
  273  commits a felony of the third degree punishable as provided in
  274  s. 775.082 or s. 775.083.
  275         (c) Any employee or agency of a licensed importer, licensed
  276  manufacturer, or licensed dealer who violates the provisions of
  277  subsection (1) commits a felony of the third degree punishable
  278  as provided in s. 775.082 or s. 775.083.
  279         (11)(13) A person younger than 21 years of age may not
  280  purchase a firearm, and a person may not sell or transfer. The
  281  sale or transfer of a firearm to a person younger than 21 years
  282  of age may not be made or facilitated by a licensed importer,
  283  licensed manufacturer, or licensed dealer. The sale or transfer
  284  of a firearm to a person younger than 21 years of age may not be
  285  facilitated by any other person or entity on behalf of the
  286  person younger than 21 years of age. A person who violates this
  287  subsection commits a felony of the third degree, punishable as
  288  provided in s. 775.082, s. 775.083, or s. 775.084. The
  289  prohibitions of This subsection does do not apply to the
  290  purchase of a rifle or shotgun by a law enforcement officer or
  291  correctional officer, as those terms are defined in s.
  292  943.10(1), (2), (3), (6), (7), (8), or (9), or by a person on
  293  active duty in the Armed Forces of the United States or full
  294  time duty in the National Guard a servicemember as defined in s.
  295  250.01.
  296         Section 2. Paragraph (a) of subsection (1) of section
  297  790.0655, Florida Statutes, is amended to read:
  298         790.0655 Purchase and delivery of firearms; mandatory
  299  waiting period; exceptions; penalties.—
  300         (1)(a) A mandatory waiting period is imposed between the
  301  purchase and delivery of a firearm. The mandatory waiting period
  302  is 3 days, excluding weekends and legal holidays, or expires
  303  upon the completion of the records checks required under s.
  304  790.065, whichever occurs later. The mandatory waiting period
  305  applies to the delivery of a firearm through a private sale
  306  facilitated by a licensed dealer under s. 790.065(1)(b).
  307  “Purchase” means the transfer of money or other valuable
  308  consideration to the retailer. “Retailer” means and includes a
  309  licensed importer, licensed manufacturer, or licensed dealer
  310  engaged in the business of making firearm sales at retail or for
  311  distribution, or use, or consumption, or storage to be used or
  312  consumed in this state, as defined in s. 212.02(13).
  313         Section 3. Paragraph (e) of subsection (3) of section
  314  790.335, Florida Statutes, is amended to read:
  315         790.335 Prohibition of registration of firearms; electronic
  316  records.—
  317         (3) EXCEPTIONS.—The provisions of this section shall not
  318  apply to:
  319         (e)1. Records kept pursuant to the recordkeeping provisions
  320  of s. 790.065; however, nothing in this section shall be
  321  construed to authorize the public release or inspection of
  322  records that are made confidential and exempt from the
  323  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  324         2. Nothing in this paragraph shall be construed to allow
  325  the maintaining of records containing the names of purchasers or
  326  transferees who receive unique approval numbers or the
  327  maintaining of records of firearm transactions.
  328         Section 4. This act shall take effect July 1, 2019.