§ 78-1. Waiting period and records check for purchase of firearms.
(a)
Purpose. In November, 1998 the voters in the State of Florida passed an amendment to Article VIII, Section 5 of the Florida Constitution. The amendment allows local governments to establish a three- to five-day waiting period for the sale of firearms at any place to which the public has access. This would include retail establishments as well as gun shows, gun exhibits and collector's shows. In addition, the amendment allows each county to require a criminal history records check in connection with the sale of any firearm occurring in the county. It is the purpose of the county council to exercise the local option as to handguns, provided by the constitution, so as to require a three-day waiting period for all locations within the scope of the constitutional authorization. It is the further intent of the county council to require a criminal history background check as to handgun sales.
(b)
Applicability. This section shall be of county wide force and effect.
(c)
Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
(1)
"Antique firearm" means any firearm, as defined in F.S. ch. 790, (including any firearm with a match lock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1918 and any replica of any firearm if such replica (i) is not designed or redesigned for using rimfire or conventional center fire fixed ammunition, or (ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
(2)
"Any part of the transaction" means any part of the sales transaction, including but not limited to, the offer of sale, negotiations, the agreement to sell, the transfer of consideration, or the transfer or delivery of the handgun.
(3)
"Buyer" means the person or persons taking delivery of or transferring money or other valuable consideration for a handgun in any sale.
(4)
"Handgun" means a firearm capable of being carried and used by one hand such as a pistol or revolver excluding an antique firearm.
(5)
"Property to which the public has the right of access" means any real or personal property to which the public has right of access, including property owned by either public or private individuals, firms and entities and expressly includes, but is not limited to, flea markets, gun shows and firearms exhibitions.
(6)
"Sale" means the transfer of money or other valuable consideration.
(7)
"Seller" means the person or persons delivering a handgun in any sale.
(d)
Mandatory three-day waiting period. There shall be a mandatory three-day waiting period, excluding weekends and legal holidays, between the hour of the sale and the hour of the delivery of any handgun when any part of the transaction is conducted within Volusia County on property to which the public has the right of access. No seller shall deliver any handgun to any person that is not a licensed firearm dealer, importer or manufacturer and no buyer that is not a licensed firearm dealer, importer or manufacturer shall take delivery of any handgun unless 72 hours have elapsed between the time of sale and the time of delivery of the handgun.
(e)
Mandatory criminal records check.
(1)
No seller, whether licensed or unlicensed shall sell, offer for sale, transfer or deliver any handgun to a buyer when any part of the transaction is conducted on property to which the public has the right of access within Volusia County until all procedures specified under F.S. § 790.065, have been complied with by a person authorized by that section to conduct a criminal history check of background information as specified in that section, and the approval number set forth by that section has been obtained and documented. Seller for purposes of this subsection shall include any seller, including, but not limited to, a licensed importer, licensed manufacturer or licensed dealer and any unlicensed seller.
(2)
In the case of a seller who is not a licensed importer, licensed manufacturer or licensed dealer, compliance with F.S. § 790.065, or its state or federal successor shall be achieved by the seller requesting that a licensed importer, licensed manufacturer or licensed dealer complete all the requirements of F.S. § 790.065, or its state or federal successor. Licensed importers, manufacturers and dealers may charge a reasonable fee of an unlicensed seller to cover costs associated with completing the requirements of F.S. § 790.065. It is the intent of the Volusia County Council to require a criminal history background check. In case of repeal or amendment of F.S. § 790.065, no person shall sell or buy a handgun when any part of the transaction is conducted on property to which the public has a right of access until all procedures, requirements and prohibition set forth in other federal or state laws relating to mandatory background checks have been complied with by persons selling or buying handguns.
(f)
Exemptions: The following exemptions to the requirement of a three-day waiting period and criminal background check are as follows:
(1)
Holders of a current concealed weapons permit issued by the State of Florida are not subject to the waiting period or criminal background check;
(2)
Sales to a licensed firearm importer, licensed firearm manufacturer or licensed firearm dealer shall not be subject to the provisions of this section.
(3)
Law enforcement officers, correctional officers or correctional probation officers who are purchasing a handgun(s) for official use and who provide the seller with a certification on agency letterhead, signed by a person in authority within the agency (other than the officer purchasing the handgun) stating that the officer will use the handgun(s) in official duties and that a records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence.
(g)
Certification of law enforcement officers. The following individuals are considered to have sufficient authority to certify that law enforcement officers purchasing handguns will use the handguns in the performance of official duties:
(1)
In a city or county police department, the director of public safety or the chief or commissioner of police.
(2)
In a sheriff's office, the sheriff.
(3)
In a state police or highway patrol department, the superintendent or the supervisor in charge of the office to which the state officer or employee is assigned.
(4)
In federal law enforcement offices, the supervisor in charge of the office to which the federal officer or employee is assigned.
An individual signing on behalf of the person in authority is acceptable, provided there is a proper delegation of authority.
(h)
Penalty provision. Violation of this section shall be punishable as provided in chapter 1, section 1-7 of the Code of Ordinances of the County of Volusia.
(Ord. No. 88-23, §§ I—V, 7-21-88; Ord. No. 99-26, §§ I, IV, 10-7-99)
State law reference
Waiting period authorized, F.S. § 790.33(2).