Title: Purchase of Personal Firearms by Active Duty Servicemembers

Summary: Proposes amendments to State Constitution to remove certain restrictions on purchase of personal firearms by active duty servicemembers.

Full Text:
A joint resolution proposing amendments to Section 2 of Article I and Section of Article VIII of the State Constitution to remove certain restrictions on the purchase of personal firearms by active duty servicemembers. Be It Resolved by the Legislature of the State of Florida: That the following amendments to Section of Article I and Section of Article VIII of the State Constitution are agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specifically authorized by law for that purpose: ARTICLE I DECLARATION OF RIGHTS 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 HJR 2018 hjr0091 FL OR I DA HO US EO FR EP RE SE NT A TI VE Ssection, "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. A person who is a holder Holders of a concealed weapon permit or who is an active duty servicemember as prescribed by general in Florida law is shall not be subject to this restr iction the provisions of this paragraph.(c) The legislature shall enact Legislation implementing subsection (b) must of this section, effective no later than December 31, 1991, which shall provide that a person who violates anyone violating the provisio ns of subsection (b) commits shall be guilty of a felony. (d) This restriction does shall not apply to a trade in of another handgun. ARTICLE VIII LOCAL GOVERNMENT 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. HJR 2018 hjr0091 FL OR I DA HO US EO FR EP RE SE NT A TI VE S(b) Each county may shall have the authority to require a criminal histor yrecords check and a to-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 subsectio nwhen purchasing a firearm. A person who is an active duty servicemember as prescribed by general law shall not be subject to a waiting period authorized by this subsection. BE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENT ARTICLE I, SECTION ARTICLE VIII, SECTION PURCHASE OF PERSONAL FIREARMS BY ACTIVE DUTY SERVICEMEMBERS.-The Florida Constitution provides for waiting periods under state law and county ordinances in connection with certain sales of firearms. The waiting periods do not apply to holders of a concealed weapon permit, but the waiting periods do apply to active duty servicemembers. The amendment exempts active duty servicemembers from such waiting periods.