Waiting period in FL? - Page 2

Waiting period in FL?

This is a discussion on Waiting period in FL? within the General Firearm Discussion forums, part of the Related Topics category; Originally Posted by Tony Montana Do you have a link to that info? This is the best I could find so far. They sure as ...

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  1. #16
    Member Array reynrv's Avatar
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    Quote Originally Posted by Tony Montana View Post
    Do you have a link to that info?
    This is the best I could find so far. They sure as hell don't make the information easy to locate.

    Assault rifles escalate violence

    "In 1999, the county commission passed an ordinance requiring criminal background checks for all guns sold at gun shows and a mandatory five-day waiting period for all gun sales. "

    Edit: I originally saw it mentioned on FloridaShootersNetwork. The Brady page only mentions the 5 day waiting period they have in Miami-Dade.

    Edit2: http://www.co.palm-beach.fl.us/PubIn...9/092899mn.htm

    "4.E. ORDINANCE 99-40

    ORDINANCE AMENDING CHAPTER 28 OF THE COUNTY CODE PERTAINING TO DISCHARGE OF FIREARMS AND FIREARM SALES; PROVIDING FOR A MANDATORY FIVE-DAY WAITING PERIOD IN CONNECTION WITH ALL FIREARM SALES. (P.O.P. 606301) (AMENDS ORDINANCE 92-15) ADOPTED 9-28-99"

    Edit3: http://www.pbcgov.com/pubInf/Agenda/20061121/5c.pdf

    Section 28-3(A)


  2. #17
    Senior Member Array rolyat63's Avatar
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    Quote Originally Posted by David in FL View Post
    Well, kind of...... According to our buddy Jon Gutmacher, the FL constitution allows each county to require up to a 5 day waiting period,.....
    It's a max of 3 working days per FS 790.33 (2)(d)(1) and (2) unless you have CCW, or Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in;

    Quote Originally Posted by anautical45 View Post
    Here in Pinellas County they will make you wait 3 days no matter what unless you have a permit.
    Steve

    Quote Originally Posted by reynrv View Post
    Palm Beach County has a 5 day waiting period on both rifles and handguns....unless you have a permit.
    See FS 790.33 below.

    790.33 Field of regulation of firearms and ammunition preempted.--
    (1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.
    (2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.--
    (a) Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, "purchase" means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection.
    (b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk-in retail sale but does not include gun collectors shows or exhibits, or gun shows.
    (c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02.
    (d) The following shall be exempt from any waiting period:
    1. Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license;
    2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in;



    EDIT: So the moral of the story is: I would print and carry 790.33 to the gun shop and the county commish and City Council if they actually have tried to violate the state's preemption clause.
    Last edited by rolyat63; September 30th, 2008 at 06:58 PM.
    rolyat63
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  3. #18
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    Sounds like the lady in that gun shop is still waiting on her 'brain fart relief' medication...
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  4. #19
    Senior Member Array BruceGibson's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Sounds like the lady in that gun shop is still waiting on her 'brain fart relief' medication...
    I imagine the pressure's unbearable.

  5. #20
    Member Array rex03's Avatar
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    Depends on the county. I know if your in Hillsborough county you have the three day wait, unless you have a CCW..
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  6. #21
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by rolyat63 View Post

    It's a max of 3 working days per FS 790.33 (2)(d)(1) and (2) unless you have CCW, or Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in;

    You're confusing 2 seperate issues. One is the FL statute to which you refer which addresses handguns and sales in retail establishments. The other is Article 8 sec 5 of the FL constitution which addresses transactions that take place on public property.

    Regardless though......if you're given a hard time, drive one county over and give their merchants your business!
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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  7. #22
    Senior Member Array rolyat63's Avatar
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    Quote Originally Posted by David in FL View Post
    You're confusing 2 seperate issues. One is the FL statute to which you refer which addresses handguns and sales in retail establishments. The other is Article 8 sec 5 of the FL constitution which addresses transactions that take place on public property.

    Regardless though......if you're given a hard time, drive one county over and give their merchants your business!
    As you can see it is easy to get confused, but Article VIII Section 5(b) of the constituion agrees with FS 790.33 that gives an exception to the waiting period for CCW holder. IANAL but I stayed at the Holiday Inn Express last night. If it turns out I was in the wrong hotel please provide cite, I always enjoy learning

    Article VIII (8) is in the Fl Constitution and covers LOCAL GOVERNMENT

    Title VIII (8) is in the FL Statutes and covers PUBLIC LANDS AND PROPERTY

    FL Constitution Article I Section 8 states
    SECTION 8. Right to bear arms.--

    (a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

    (b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.

    Article VIII Section 5 States
    SECTION 5. Local option.--

    (a) Local option on the legality or prohibition of the sale of intoxicating liquors, wines or beers shall be preserved to each county. The status of a county with respect thereto shall be changed only by vote of the electors in a special election called upon the petition of twenty-five per cent of the electors of the county, and not sooner than two years after an earlier election on the same question. Where legal, the sale of intoxicating liquors, wines and beers shall be regulated by law.

    (b) Each county shall have the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term "sale" means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.

    History.--Am. proposed by Constitution Revision Commission, Revision No. 12, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.





    790.33 Field of regulation of firearms and ammunition preempted.--

    (c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02.

    (d) The following shall be exempt from any waiting period:

    1. Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license;

    2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in;

    3. A law enforcement or correctional officer as defined in s. 943.10;

    4. A law enforcement agency as defined in s. 934.02;

    5. Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or

    6. Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement.

    (3) POLICY AND INTENT.--

    (a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.
    (b) As created by chapter 87-23, Laws of Florida, this section shall be known and may be cited as the "Joe Carlucci Uniform Firearms Act."



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    rolyat63
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  8. #23
    VIP Member Array David in FL's Avatar
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    [QUOTE=rolyat63;861352]


    (b) Each county shall have the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term "sale" means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.

    QUOTE]


    I think I see the disconnect. The OP asked a specific question......whether there was (or could be) a waiting period on long-guns for someone that didn't hold a CWP in FL.

    Under the above referenced paragraph, a county may implement such a waiting period, up to 5 days, if the transaction were to take place on property to which the public has right of access.

    None of what you said is wrong (Holiday Inn Express reputation is safe) but it didn't address the question asked in the OP.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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  9. #24
    Senior Member Array rolyat63's Avatar
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    David, Capeche! I was thinking(then the trouble started) CCW but now looking at the Heading of General Firearms I see the place I got off track. The point I made about taking the printouts to the offending place if you have a CCW is still valid. I also like the part of the law that allowed a documented potential victim has the same standing inasmuch as no waiting period.

    The original dimension has again been changed.
    rolyat63
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