Waiting Periods
Alright guys, If i go to my dealer, and order in a gun, and pay for it in full, but its gonna take a week for delivery, does that count as the waiting period.
0
-
It looks like you can skip the waiting period if you save a receipt from the last time you bought a gun, at the same place. I wonder if the gun shop guys would allow it.
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;
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."0 -
Can any one show the Florida State Statute that says you can skip the waiting period if youve bought a gun from the same dealer with six months? 0 -
Noize: I have the regulation here..Let me find it again.. I think the period to cover this is only thirty days.. Let me dig it up again as I proved my point to an FFL dealer whom I bought a gun from and went back a week later to buy another.. They must make the call in but under the florida statute (which I will get) you dont have to wait.. 0 -
quote:Originally posted by Classic095
Noize: I have the regulation here..Let me find it again.. I think the period to cover this is only thirty days.. Let me dig it up again as I proved my point to an FFL dealer whom I bought a gun from and went back a week later to buy another.. They must make the call in but under the florida statute (which I will get) you dont have to wait..
Thanks much Buddy0 -
790.33 . In the list of exemptions, in addition to CWP holders and LEOs, the law includes:
"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; "
Interesting. Do gun stores know about this? It would be simple for me to just bring another gun with me, or even a sales receipt, when purchasing a new gun. Has this ever been practiced in Florida? The other exemption that caught my eye is:
"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."
I blogged about this previously. I had also never heard of these until recently, because I'm not sure most gun stores even know about them. My question is: are these exemptions valid, or does the "mandatory" wording in the constitution which does not offer these exemptions, overrule them? If they are still legal exemptions, then I'd think I could walk into a gun store where I've done business before and just say "look me up in your bound book and find that rifle I bought last week, so the waiting period does not apply to me." The problem is unless this is somehow clarified, both the buyer and seller face felony charges as defined by 790.0655. That may be why you never hear about these exemptions in a gun shop.
Notice how much there is to write about concerning only the waiting period in Florida? Just wait until I get into some of the other issues with concealed carry, firearms cars, defense-related laws, etc. Florida has some of the better laws in the nation, and yet they are still rather painful! I'd really like to see a concerted effort on the part of my state legislators to repair, clarify, and disambiguate these laws.0 -
Here is the site on ATF regs and questions; I will send you the Florida site on rules..And here are the complete statutes on Florida firearm laws..
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm
http://www.atf.treas.gov/firearms/faq/faq2.htm#b10 -
quote:Originally posted by Classic095
. In the list of exemptions, in addition to CWP holders and LEOs, the law includes:
"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; "
Interesting. Do gun stores know about this? It would be simple for me to just bring another gun with me, or even a sales receipt, when purchasing a new gun. Has this ever been practiced in Florida? The other exemption that caught my eye is:
"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."
I blogged about this previously. I had also never heard of these until recently, because I'm not sure most gun stores even know about them. My question is: are these exemptions valid, or does the "mandatory" wording in the constitution which does not offer these exemptions, overrule them? If they are still legal exemptions, then I'd think I could walk into a gun store where I've done business before and just say "look me up in your bound book and find that rifle I bought last week, so the waiting period does not apply to me." The problem is unless this is somehow clarified, both the buyer and seller face felony charges as defined by 790.0655. That may be why you never hear about these exemptions in a gun shop.
Notice how much there is to write about concerning only the waiting period in Florida? Just wait until I get into some of the other issues with concealed carry, firearms cars, defense-related laws, etc. Florida has some of the better laws in the nation, and yet they are still rather painful! I'd really like to see a concerted effort on the part of my state legislators to repair, clarify, and disambiguate these laws.
I think you would ne the man to do it! Where did the 790 come from? like the florida state statute?0 -
B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)? [Back]
Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting
Classic, i Coudnt find the waiting periods thing but i did find this interesting tid bit. I guess now i can let ym brother take my stuff to the range as long as he has a note from my Mom or Dad.0 -
. In the list of exemptions, in addition to CWP holders and LEOs, the law includes:
"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;
This is the exemption as stated in the Florida statutes..
There is no waiting period according to this statute for the above reason, also there is no waiting period if you are trading in a gun. However the call in must be made.. I buy guns from an FFL over in Dade City and he never makes me wait the three days.. He could if he wanted to ignore the statutes..0 -
Sounds like crap. 0
Please sign in to leave a comment.
Comments
10 comments