Ch. 790 WEAPONS AND FIREARMS F.S. 2017
tornado, flood, natural disaster, or other act of God, war,
invasion, insurrection, riot, or other bona fide emergency,
or other reason beyond the control of the
licensee; or
(b) Failure of the Department of Law Enforcement to
comply with the requirements of subsections (2) and (3).
(11) Compliance with the provisions of this chapter
shall be a complete defense to any claim or cause of
action under the laws of any state for liability for
damages arising from the importation or manufacture,
or the subsequent sale or transfer to any person who
has been convicted in any court of a crime punishable
by imprisonment for a term exceeding 1 year, of any
firearm which has been shipped or transported in
interstate or foreign commerce. The Department of
Law Enforcement, its agents and employees shall not
be liable for any claim or cause of action under the laws
of any state for liability for damages arising from its
actions in lawful compliance with this section.
(12)(a) Any potential buyer or transferee who willfully
and knowingly provides false information or false or
fraudulent identification commits a felony of the third
degree punishable as provided in s. 775.082 or s.
775.083.
(b) Any licensed importer, licensed manufacturer, or
licensed dealer who violates the provisions of subsection
(1) commits a felony of the third degree punishable
as provided in s. 775.082 or s. 775.083.
(c) Any employee or agency of a licensed importer,
licensed manufacturer, or licensed dealer who violates
the provisions of subsection (1) commits a felony of the
third degree punishable as provided in s. 775.082 or s.
775.083.
(d) Any person who knowingly acquires a firearm
through purchase or transfer intended for the use of a
person who is prohibited by state or federal law from
possessing or receiving a firearm commits a felony of
the third degree, punishable as provided in s. 775.082 or
s. 775.083.
(13) This section does not apply to employees of
sheriff’s offices, municipal police departments, correctional
facilities or agencies, or other criminal justice or
governmental agencies when the purchases or transfers
are made on behalf of an employing agency for
official law enforcement purposes.
History.—s. 1, ch. 89-191; s. 1, ch. 90-316; s. 4, ch. 92-183; s. 1, ch. 93-197; s.
1, ch. 94-256; s. 14, ch. 95-195; s. 8, ch. 95-430; s. 7, ch. 96-392; s. 429, ch. 96-406;
s. 29, ch. 97-94; s. 1816, ch. 97-102; s. 6, ch. 98-284; ss. 8, 9, ch. 99-300; s. 1, ch.
2000-218; s. 12, ch. 2002-205; s. 3, ch. 2003-23; s. 1, ch. 2004-79; s. 1, ch.
2006-176; s. 1, ch. 2008-50; s. 1, ch. 2009-233; s. 1, ch. 2010-62; s. 4, ch. 2011-145;
s. 1, ch. 2013-249; s. 11, ch. 2016-127; s. 46, ch. 2017-3; s. 8, ch. 2017-23.
1Note.—
A. Section 1, ch. 89-191, provides that “this section expires on the effective
date of federal law which provides access to national criminal history information
and requires national criminal history checks on potential buyers or transferees on
firearms.”
B. Section 3, ch. 90-316, provides that “this act shall not be construed to
nullify the expiration of s. 790.065, Florida Statutes, provided for in chapter 89-191,
Laws of Florida.”
2Note.—Section 2, ch. 2009-233, provides that “section 790.065, Florida
Statutes, must be reviewed by the Legislature and approved for continuation before
the limit of $8 on the fee established by the Department of Law Enforcement under s.
790.065(1)(b), Florida Statutes, may be increased.” Paragraph (1)(b) was redesignated
as subparagraph (1)(a)2. by s. 4, ch. 2011-145.
790.0655 Purchase and delivery of handguns;
mandatory waiting period; exceptions; penalties.
(1)(a) There shall be a mandatory 3-day waiting
period, which shall be 3 days, excluding weekends
and legal holidays, between the purchase and the
delivery at retail of any handgun. “Purchase” means
the transfer of money or other valuable consideration to
the retailer. “Handgun” means a firearm capable of
being carried and used by one hand, such as a pistol or
revolver. “Retailer” means and includes every person
engaged in the business of making sales at retail or for
distribution, or use, or consumption, or storage to be
used or consumed in this state, as defined in s.
212.02(13).
(b) Records of handgun sales must be available for
inspection by any law enforcement agency, as defined
in s. 934.02, during normal business hours.
(2) The 3-day waiting period shall not apply in the
following circumstances:
(a) When a handgun is being purchased by a holder
of a concealed weapons permit as defined in s. 790.06.
(b) To a trade-in of another handgun.
(3) It is a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084:
(a) For any retailer, or any employee or agent of a
retailer, to deliver a handgun before the expiration of the
3-day waiting period, subject to the exceptions provided
in subsection (2).
(b) For a purchaser to obtain delivery of a handgun
by fraud, false pretense, or false representation.
History.—s. 1, ch. 91-24; s. 3, ch. 92-183; s. 98, ch. 99-3.
790.07 Persons engaged in criminal offense,
having weapons.—
(1) Whoever, while committing or attempting to
commit any felony or while under indictment, displays,
uses, threatens, or attempts to use any weapon or
electric weapon or device or carries a concealed
weapon is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(2) Whoever, while committing or attempting to
commit any felony, displays, uses, threatens, or
attempts to use any firearm or carries a concealed
firearm is guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, and s.
775.084.
(3) The following crimes are excluded from application
of this section: Antitrust violations, unfair trade
practices, restraints of trade, nonsupport of dependents,
bigamy, or other similar offenses.
(4) Whoever, having previously been convicted of a
violation of subsection (1) or subsection (2) and,
subsequent to such conviction, displays, uses, threatens,
or attempts to use any weapon, firearm, or electric
weapon or device, carries a concealed weapon, or
carries a concealed firearm while committing or attempting
to commit any felony or while under indictment is
guilty of a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Sentence shall not be suspended or deferred under
the provisions of this subsection.
History.—s. 10, ch. 1637, 1868; RS 2423; s. 2, ch. 4124, 1893; GS 3269; RGS
5102; CGL 7204; s. 4, ch. 69-306; s. 741, ch. 71-136; s. 2, ch. 76-165; s. 2, ch.
91-223.
790.08 Taking possession of weapons and
arms; reports; disposition; custody.—
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