Florida Senate - 2019 SB 470
By Senator Farmer
34-00688-19 2019470__
1 A bill to be entitled
2 An act relating to fees; amending s. 790.065, F.S.;
3 authorizing a licensed dealer to charge the buyer or
4 transferee of a firearm specified fees; providing a
5 contingent effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Paragraph (b) of subsection (1) of section
10 790.065, Florida Statutes, as amended by SB ___, 2019 Regular
11 Session, is amended to read:
12 790.065 Sale and delivery of firearms.—
13 (1)
14 (b)1. If neither party to a prospective firearms sale,
15 lease, or transfer is a licensed dealer, the parties to the
16 transaction must complete the sale, lease, or transfer through a
17 licensed dealer as follows:
18 a. The seller, lessor, or transferor shall deliver the
19 firearm to a licensed dealer, who shall process the sale, lease,
20 or transfer as if she or he were the seller, lessor, or
21 transferor, except that the seller, lessor, or transferor who is
22 not a licensed dealer may remove the firearm from the business
23 premises of the licensed dealer while the background check is
24 being conducted and while the waiting period requirement set
25 forth in s. 790.0655 is being met. Other than allowing the
26 unlicensed seller or transferor to remove the firearm from the
27 licensed dealer’s business premises, the licensed dealer shall
28 comply with all requirements of federal and state law which
29 would apply if she or he were the seller, lessor, or transferor
30 of the firearm;
31 b. The licensed dealer shall conduct a background check on
32 the buyer or other transferee as provided in this section and,
33 unless the transaction is prohibited, and after all other legal
34 requirements are met, including those set forth in s. 790.0655,
35 the licensed dealer shall either:
36 (I) Deliver the firearm to the seller, lessor, or
37 transferor, who shall complete the transaction and deliver the
38 firearm to the buyer; or
39 (II) If the seller, lessor, or transferor has removed the
40 firearm from the licensed dealer’s business premises, contact
41 the seller, lessor, or transferor to let her or him know that
42 she or he may complete the transaction and deliver the firearm
43 to the buyer; and
44 c. If the licensed dealer cannot legally complete the
45 transaction, the dealer must:
46 (I) Return the firearm to the seller, lessor, or
47 transferor; or
48 (II) If the seller, lessor, or transferor has removed the
49 firearm from the licensed dealer’s business premises, contact
50 the seller, lessor, or transferor to let her or him know that
51 the transaction is prohibited and that the seller, lessor, or
52 transferor may not deliver the firearm to the buyer; and
53 d. The licensed dealer may require the buyer or other
54 transferee to pay a fee covering the administrative costs
55 incurred by the licensed dealer for facilitating the transfer of
56 the firearm, plus applicable fees pursuant to federal and state
57 law.
58 2. This paragraph does not apply to:
59 a. The activities of the United States Marshals Service,
60 members of the United States Armed Forces or the National Guard,
61 or federal officials required to carry firearms while engaged in
62 performing their official duties; or
63 b. The following activities, unless the lawful owner knows
64 or has reasonable cause to believe that federal, state, or local
65 law prohibits the transferee from purchasing or possessing
66 firearms or that the transferee is likely to use the firearm for
67 unlawful purposes:
68 (I) The delivery of a firearm to a gunsmith for service or
69 repair or the return of the firearm to its owner by the
70 gunsmith;
71 (II) The transfer of a firearm to a carrier, warehouseman,
72 or other person engaged in the business of transportation or
73 storage, to the extent that the receipt, possession, or having
74 on or about the person any firearm is in the ordinary course of
75 business and in conformity with federal, state, and local laws,
76 and not for the personal use of any such person;
77 (III) The loan of a firearm solely for the purpose of
78 shooting at targets, if the loan occurs on the premises of a
79 properly licensed target facility and if the firearm is at all
80 times kept within the premises of the target facility;
81 (IV) The loan of a firearm to a person who is under 18
82 years of age for lawful hunting, sporting, or educational
83 purposes while under the direct supervision and control of a
84 responsible adult;
85 (V) The loan of a firearm to a person who is 18 years of
86 age or older if the firearm remains in the person’s possession
87 only while the person is accompanying the lawful owner and using
88 the firearm for lawful hunting, sporting, or recreational
89 purposes; or
90 (VI) The loan of a firearm to an adult family member of the
91 lawful owner of the firearm if the lawful owner resides with the
92 family member but is not present in the residence and the family
93 member does not maintain control over the firearm for more than
94 10 consecutive days.
95
96 This subsection does not apply if the person purchasing, or
97 receiving delivery of the firearm holds an active certification
98 from the Criminal Justice Standards and Training Commission as a
99 “law enforcement officer,” a “correctional officer,” or a
100 “correctional probation officer” as defined in s. 943.10(1),
101 (2), (3), (6), (7), (8), or (9).
102 Section 2. This act shall take effect on the same date that
103 SB ___ or similar legislation takes effect, if such legislation
104 is adopted in the same legislative session or an extension
105 thereof and becomes a law.