Florida Senate - 2017 SJR 910
By Senator Baxley
12-01284-17 2017910__
1 Senate Joint Resolution
2 A joint resolution proposing amendments to Section 8
3 of Article I and Section 5 of Article VIII of the
4 State Constitution to exempt law enforcement officers
5 from the 3-day waiting period for handgun purchases
6 under state law and under any county ordinance
7 requiring a waiting period for handgun purchases.
8
9 Be It Resolved by the Legislature of the State of Florida:
10
11 That the following amendments to Section 8 of Article I and
12 Section 5 of Article VIII of the State Constitution are agreed
13 to and shall be submitted to the electors of this state for
14 approval or rejection at the next general election or at an
15 earlier special election specifically authorized by law for that
16 purpose:
17 ARTICLE I
18 DECLARATION OF RIGHTS
19 SECTION 8. Right to bear arms.—
20 (a) The right of the people to keep and bear arms in
21 defense of themselves and of the lawful authority of the state
22 shall not be infringed, except that the manner of bearing arms
23 may be regulated by law.
24 (b) There shall be a mandatory period of three days,
25 excluding weekends and legal holidays, between the purchase and
26 delivery at retail of any handgun. For the purposes of this
27 section, “purchase” means the transfer of money or other
28 valuable consideration to the retailer, and “handgun” means a
29 firearm capable of being carried and used by one hand, such as a
30 pistol or revolver. Holders of a concealed weapon permit and law
31 enforcement officers as prescribed in Florida law shall not be
32 subject to the provisions of this paragraph.
33 (c) The legislature shall enact legislation implementing
34 subsection (b) of this section, effective no later than December
35 31, 1991, which shall provide that anyone violating the
36 provisions of subsection (b) shall be guilty of a felony.
37 (d) This restriction shall not apply to a trade in of
38 another handgun.
39 ARTICLE VIII
40 LOCAL GOVERNMENT
41 SECTION 5. Local option.—
42 (a) Local option on the legality or prohibition of the sale
43 of intoxicating liquors, wines or beers shall be preserved to
44 each county. The status of a county with respect thereto shall
45 be changed only by vote of the electors in a special election
46 called upon the petition of twenty-five per cent of the electors
47 of the county, and not sooner than two years after an earlier
48 election on the same question. Where legal, the sale of
49 intoxicating liquors, wines and beers shall be regulated by law.
50 (b) Each county shall have the authority to require a
51 criminal history records check and a 3 to 5-day waiting period,
52 excluding weekends and legal holidays, in connection with the
53 sale of any firearm occurring within such county. For purposes
54 of this subsection, the term “sale” means the transfer of money
55 or other valuable consideration for any firearm when any part of
56 the transaction is conducted on property to which the public has
57 the right of access. Holders of a concealed weapons permit and
58 law enforcement officers as prescribed by general law shall not
59 be subject to the provisions of this subsection when purchasing
60 a firearm.
61 BE IT FURTHER RESOLVED that the following statement be
62 placed on the ballot:
63 CONSTITUTIONAL AMENDMENT
64 ARTICLE I, SECTION 8
65 ARTICLE VIII, SECTION 5
66 EXEMPTION FROM WAITING PERIOD FOR HANDGUN PURCHASES.
67 Proposing an amendment to the State Constitution to exempt law
68 enforcement officers, as prescribed in Florida law, from the 3
69 day waiting period for handgun purchases under state law and
70 under any county ordinance requiring a waiting period for
71 handgun purchases.