Florida Senate - 2024 SB 1124



By Senator Martin





33-01557-24 20241124__
1 A bill to be entitled
2 An act relating to the mandatory waiting period for
3 handgun purchases; amending s. 790.0655, F.S.;
4 revising the mandatory 3-day waiting period to apply
5 only to handguns, rather than to firearms; removing a
6 provision authorizing that the mandatory waiting
7 period expire upon completion of a records check;
8 revising records requirements relating to firearm
9 sales to apply only to handguns; removing specified
10 exceptions to the mandatory waiting period; conforming
11 provisions to changes made by the act; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 790.0655, Florida Statutes, is amended
17 to read:
18 790.0655 Purchase and delivery of handguns firearms;
19 mandatory waiting period; exceptions; penalties.—
20 (1)(a) A mandatory 3-day waiting period, excluding weekends
21 and legal holidays, is imposed between the purchase and delivery
22 at retail of a handgun firearm. The mandatory waiting period is
23 3 days, excluding weekends and legal holidays, or expires upon
24 the completion of the records checks required under s. 790.065,
25 whichever occurs later. “Purchase” means the transfer of money
26 or other valuable consideration to the retailer. “Retailer” has
27 the same meaning as in s. 212.02(13), means and includes a
28 licensed importer, licensed manufacturer, or licensed dealer
29 engaged in the business of making firearm sales at retail or for
30 distribution, or use, or consumption, or storage to be used or
31 consumed in this state, as defined in s. 212.02(13).
32 (b) Records of handgun firearm sales must be available for
33 inspection by any law enforcement agency, as defined in s.
34 934.02, during normal business hours.
35 (2) The 3-day waiting period does not apply in the
36 following circumstances:
37 (a) When a handgun firearm is being purchased by a holder
38 of a concealed weapons or concealed firearms license issued
39 under s. 790.06.
40 (b) To a trade-in of another handgun firearm.
41 (c) To the purchase of a rifle or shotgun, upon a person’s
42 successfully completing a minimum of a 16-hour hunter safety
43 course and possessing a hunter safety certification card issued
44 under s. 379.3581. A person who is exempt from the hunter safety
45 course requirements under s. 379.3581 and holds a valid Florida
46 hunting license is exempt from the mandatory waiting period
47 under this section for the purchase of a rifle or shotgun.
48 (d) When a rifle or shotgun is being purchased by a law
49 enforcement officer or correctional officer, as those terms are
50 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
51 servicemember as defined in s. 250.01.
52 (3) It is a felony of the third degree, punishable as
53 provided in s. 775.082, s. 775.083, or s. 775.084:
54 (a) For any retailer, or any employee or agent of a
55 retailer, to deliver a handgun firearm before the expiration of
56 the 3-day waiting period, subject to the exceptions provided in
57 subsection (2).
58 (b) For a purchaser to obtain delivery of a handgun firearm
59 by fraud, false pretense, or false representation.
60 Section 2. This act shall take effect July 1, 2024.

Statutes affected:
S 1124 Filed: 790.0655