Arrestable Offenses / Crimes under Fla. Stat. 790.065
S790.065 12a - FRAUD-IMPERSON - USE FALSE IDENTIFICATION PURCHASE WEAP FIREARM - F: T
S790.065 12a - FRAUD-FALSE STATEMENT - FALSE INFORMATION TO PURCHASE WEAPON FIREARM - F: T
S790.065 12b - WEAPON OFFENSE - LIC FA DEALER VIOLATE SALE DELIV FIREARM REGS - F: T
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2005 WL 1122945
...Such an ignition system is considered primitive and Florida law specifically refers to percussion caps in its definition of a antique firearm. According to Florida law, such a rifle need not be logged because it is not considered a firearm. Schroeder also testified that pursuant to section 790.065, he may not sell a firearm to a convicted felon, otherwise he would be subject to a felony criminal charge....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 8652, 2016 WL 2754018
...(2008).6 The government urges that this provision only
grants the trial court discretion to withhold adjudication in order for the defendant
to avoid a sentence of imprisonment. However, there are other penalties imposed
by law on those persons who have been convicted of a felony. For instance,
section 790.065, Florida Statutes (2015), governs sale and delivery of firearms.
Section 790.065(2)(a)1....
...history check, the Florida Department of Law Enforcement shall review records to
determine if the potential buyer “[h]as been convicted of a felony and is prohibited
from receipt or possession of a firearm pursuant to s.
790.23.” However, in that
same statute, section
790.065(2)(a)3....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2001 WL 245750
...Dodge, Assistant Public Defender, Bartow, for Appellee. PARKER, Acting Chief Judge. The State appeals the trial court's order dismissing the charge against Samuel C. Watso of providing false information during the attempted purchase of a firearm in violation of section 790.065(12), Florida Statutes (Supp.1998). The trial court dismissed the charge after finding that the Florida Department of Law Enforcement (FDLE) had failed to properly promulgate the form required by section 790.065(1)(a), Florida Statutes (Supp.1998), to be completed before a firearms dealer can sell a firearm to a potential buyer in Florida....
...epartment, Bureau of Alcohol, Tobacco, and Firearms (ATF). He argued that the FDLE had exceeded the statutory authority delegated to it by the legislature when it delegated its authority to promulgate the form to the ATF. This argument has no merit. Section 790.065(1)(a) states in part: Sale and delivery of firearms. (1) A licensed importer, licensed manufacturer, or licensed dealer may not sell or deliver from her or his inventory at her or his licensed premises any firearm to another person,...
...f such potential buyer or transferee and has inspected proper identification including an identification containing a photograph of the potential buyer or transferee. (Emphasis added.) Rather than creating its own form to satisfy the requirements of section 790.065(1)(a), the FDLE chose to adopt a form already created by the ATF....
...In Florida Administrative Code Rule 11C-6.009, the FDLE specifically incorporated by reference and required completion of ATF form "ATF F-4473[5300.9] Part 1(4/97)" before the sale of a firearm could be completed. Fla. Admin. Code R. 11C-6.009(1). The rule states that completion of the ATF form "must comply with ... Section 790.065, F.S." Id. Rule 11C-6.009(2) requires the potential buyer to complete section A of the ATF form before the dealer calls the FDLE to initiate a criminal background check. The rule references section 790.065 in one other subsection and specifically lists section 790.065 as its statutory authority....
...Rather, it simply had to "declare or announce publicly" what form was to be used to carry out the statutory requirements. Here, the FDLE publicly announced in rule 11C-6.009 that it intended to adopt and use the ATF form to satisfy the requirements of section 790.065(1)(a)....
...This action was sufficient to satisfy the statutory requirement that the FDLE promulgate a form. Therefore, the trial court erred in dismissing the charge against Watso on this basis. Despite this, we affirm the dismissal of the charge against Watso because the State cannot constitutionally prosecute Watso pursuant to section 790.065(12) under the facts of this case....
...The charge against Watso was based on his allegedly false answer to a question on the ATF form concerning whether he had ever been convicted of a felony. Watso argued that he could not be prosecuted for a false answer to this question because the legislature did not include this question in section
790.065(1)(a) and therefore did not make a false answer to that question a crime under section
790.065(12). We agree. Section
790.065(1)(a) specifically lists the information that the potential buyer must provide to the dealer on the ATF form. This list includes only the potential buyer's name, date of birth, gender, race, and social security number. §
790.065(1)(a), Fla. Stat. (Supp.1998). Section
790.065(12) makes it a third-degree felony for the potential buyer to provide false information to the dealer: "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." §
790.065(12)(a), Fla. Stat. (Supp.1998). Nothing in section
790.065 requires the potential buyer to disclose his or her criminal background....
...Rather, the statutory scheme contemplates that the buyer will provide identifying information to the dealer, and the dealer will then request a criminal background check from the FDLE based on that information. In order to ensure that the criminal background check is not thwarted, section 790.065(12) makes it a crime for the potential buyer to provide false identifying information....
...r been committed to a mental institution; whether the potential buyer has been dishonorably discharged from the Armed Forces; and whether the potential buyer is a citizen of the United States. None of this information is required by or authorized by section 790.065(1)(a)....
...Any attempt to delegate the authority to define a crime is unconstitutional as a violation of the separation of powers doctrine as is any attempt by another branch to usurp the legislature's authority to define a crime. Id.See also Chiles v. Children A, B, C, D, E, & F,
589 So.2d 260, 264 (Fla. 1991). In section
790.065(12), the legislature made it a crime to provide false identifying information when attempting to purchase a firearm. The legislature did not require the potential buyer to provide any other information and therefore did not make false answers to any other question a crime. However, by including additional questions on the form used to comply with section
790.065(1)(a), the FDLE has, in effect, attempted to expand the scope of criminal conduct under section
790.065(12) by making it a third-degree felony to provide false answers to these additional questions....
...prosecuted for its violation." Id. (quoting Gluesenkamp v. State,
391 So.2d 192, 198 (Fla. 1980)). In order to uphold due process rights, penal statutes must be strictly construed according to their plain language. Perkins,
576 So.2d at 1312. Here, section
790.065(1)(a) specifically lists the information to be obtained from the potential buyer....
...corroborate the criminal background check to be done by the FDLE. Because the potential buyer is not advised by the statute that answers to the FDLE's additional questions could subject him or her to criminal prosecution, any prosecution under *1030 section 790.065(12) for providing false answers to these additional questions constitutes a due process violation....
...ial court, his failure to do so does not bar this court from reviewing this issue. Had Watso provided false information concerning his "name, date of birth, gender, race, and social security number," the State could have validly prosecuted him under section 790.065(12)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1906131
...Other Florida Statutes specifically spell out what is required. See: F.S.
893.02(19) "... pharmacists shall obtain proof ... of the validity of said prescription." F.S.
562.11(1)(b) listing forms of identification to be checked to determine age for purchase of alcohol. F.S.
790.065(1)(a) requiring completion of a detailed state issued questionnaire and inspection of a photo I.D....
CopyCited 1 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 104034, 2011 WL 4080053
...tion of party affiliation as a condition of appointment to certain offices). For example, to purchase a firearm, Florida residents must provide personal information and identification and subject themselves to a criminal background check. Fla. Stat. § 790.065 ....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 13070, 2015 WL 4530452
...information is irrelevant to or unnecessary for the provision of medical care.
Plaintiffs further contend that because firearm ownership is heavily
regulated, and individuals who wish to own a firearm must provide considerable
personal information to the State, see Fla. Stat. § 790.065 (requiring prospective
firearm buyers to submit a wide range of personal information and undergo a
background check), patients should have no qualms about revealing their status as
firearm owners to physicians, and thus the Act does not further patient privacy.
Again, we find this argument to be inapposite....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 465303, 2017 Fla. App. LEXIS 1395
...In support of their
interpretation of “promulgated,” Appellants cite State v. Watso,
788 So. 2d 1026,
1027 (Fla. 2d DCA 2001), where the State appealed an order dismissing the charge
of providing false information during the attempted purchase of a firearm in
violation of section
790.065(12), Florida Statutes (Supp. 1998). The trial court
dismissed the charge after finding that the Florida Department of Law Enforcement
(“FDLE”) had failed to properly promulgate the form required by section
790.065(1)(a), Florida Statutes; the statute describes the required form as being
“promulgated by the Department of Law Enforcement.” Id. The Second District
held that FDLE did properly promulgate the form at issue but affirmed on other
grounds. Id. In holding such, the Second District noted that rather than creating its
own form to satisfy the requirements of section
790.065(1)(a), FDLE chose to adopt
a form already created by a federal agency....
CopyCited 1 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 41, 2016 Fla. LEXIS 277, 2016 WL 533898
...(2008).6 The government urges that this provision only
grants the trial court discretion to withhold adjudication in order for the defendant
to avoid a sentence of imprisonment. However, there are other penalties imposed
by law on those persons who have been convicted of a felony. For instance,
section 790.065, Florida Statutes (2015), governs sale and delivery of firearms.
Section 790.065(2)(a)1....
...provides that upon receipt of a request for a criminal
history check, the Florida Department of Law Enforcement shall review records to
determine if the potential buyer “[h]as been convicted of a felony and is prohibited
from receipt or possession of a firearm pursuant to s.
790.23.” However, in that
same statute, section
790.065(2)(a)3....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 15161, 2001 WL 1297695
PER CURIAM. Robert Eugene Randall appeals his conviction for a violation of section 790.065(12), Florida Statutes (1999), 1 by providing a false answer on a firearm *918 transaction form promulgated by the Florida Department of Law Enforcement....
...e before he could redeem it himself. On the most recent occasion when he returned to the pawnshop to redeem the rifle, he was required to complete the form for firearm transactions promulgated by the Florida Department of Law Enforcement pursuant to section 790.065, even though he was redeeming his own property....
...Because Mr. Randall’s prosecution is constitutionally forbidden by Watso , we reverse the conviction and remand with instructions to discharge Mr. Randall. Reversed and remanded with instructions. FULMER, A.C.J., and GREEN and CASANUEVA, JJ„ Concur. . Section 790.065(12), Florida Statutes (1999), provides: “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....
CopyPublished | Court of Appeals for the Eleventh Circuit
...The Marjory Stoneman Douglas High
School Public Safety Act (“the Act”) precludes those under 21 only
from buying firearms while still leaving that age group free to pos-
sess and use firearms of any legal type. See 2018 Fla. Laws 10, 18–
19 (codified at Fla. Stat. § 790.065(13)).
That kind of law is consistent with our Nation’s historical
tradition of firearm regulation....
...jory Stoneman Douglas High School, the Florida Legislature en-
acted the Marjory Stoneman Douglas High School Public Safety
Act, which bans the sale of firearms to 18-to-20-year-olds. See 2018
Fla. Laws 10, 18–19 (codified at Fla. Stat. § 790.065(13))....
...19
burden on the right to keep and bear arms than does the Act, which
(as Florida concedes) leaves 18-to-20-year-olds free to obtain fire-
arms through legal means other than purchasing. See Fla. Stat. §
790.065(13) (“A person younger than 21 years of age may not pur-
chase a firearm.”) (emphasis added).
On that score, Florida’s law and Kentucky’s law impose sim-
ilar burdens on the right to keep and...
CopyPublished | Court of Appeals for the Eleventh Circuit
...The Marjory Stoneman Douglas High
School Public Safety Act (“the Act”) precludes those under 21 only
from buying firearms while still leaving that age group free to pos-
sess and use firearms of any legal type. See 2018 Fla. Laws 10, 18–
19 (codified at Fla. Stat. § 790.065(13)).
That kind of law is consistent with our Nation’s historical
tradition of firearm regulation....
...jory Stoneman Douglas High School, the Florida Legislature en-
acted the Marjory Stoneman Douglas High School Public Safety
Act, which bans the sale of firearms to 18-to-20-year-olds. See 2018
Fla. Laws 10, 18–19 (codified at Fla. Stat. § 790.065(13))....
...§
14 See, e.g., Newland v. Gentry, 57 Ky. 666, 671 (1857).
USCA11 Case: 21-12314 Document: 65-1 Date Filed: 03/09/2023 Page: 19 of 40
21-12314 Opinion of the Court 19
790.065(13) (“A person younger than 21 years of age may not pur-
chase a firearm.”) (emphasis added).
On that score, Florida’s law and Kentucky’s law impose sim-
ilar burdens on the right to keep and bear arms f...
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
ask substantially the following question: Is section
790.065, Florida Statutes, repealed on the effective
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 22, 2024
...e crisis
of gun violence, including but not limited to, gun violence on
school campuses.” 2018 Fla. Laws 10. The law states that a “person
younger than 21 years of age may not purchase a firearm.” FLA.
STAT. § 790.065(13)....
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21-12314 Opinion of the Court 7
punishable by up to five years of imprisonment and a fine up to
$5,000. Id. §§
790.065(13),
775.082(3)(e),
775.083(1)(c). The Florida
law contains exceptions permitting the purchase of a rifle or shot-
gun by peace officers, correctional officers, or military personnel
under the age of 21. Id. §
790.065(13).
The National Rifle Association sued the Commissioner of
the Florida Department of Law Enforcement for declaratory and
injunctive relief and alleged that the Florida law violates the Second
and Fourteenth Amendments....
...To reduce the likelihood that another individual
like Nikolas Cruz would lawfully purchase a firearm and use it to
inflict grievous harm on himself or others, the Florida law restricts
the purchase of firearms by individuals under the age of 21. See FLA.
STAT. § 790.065(13)....
...at 834 (Thomas, J., dissenting). But
when an individual reaches the age of reason and the need to pro-
tect him and the public from his immaturity and impulsivity dissi-
pates, the Florida law permits him to purchase firearms. See FLA.
STAT. § 790.065(13).
The Florida law is also consistent with our regulatory tradi-
tion in “how” it burdens the right....
...The militia laws did not empower any in-
dividuals under the age of 21 to purchase arms. But the Florida law
contains exceptions permitting the purchase of a rifle or shotgun
by peace officers, correctional officers, or military personnel. FLA.
STAT. § 790.065(13)....
...Rahimi considered the
penalty that attaches to a firearm regulation as a “relevant,” but not
necessary, “aspect of the burden.”
144 S. Ct. at 1902. Violations of
the Florida law carry the possibility of imprisonment of up to five
years and a fine of up to $5,000. FLA. STAT. §§
790.065(13),
775.082(3)(e),
775.083(1)(c)....
...Parts I and II, and by ABUDU, Circuit Judge, as to Part III, Concur-
ring:
I join in the Majority Opinion’s excellent explanation of why
the Marjory Stoneman Douglas High School Public Safety Act, see
Fla. Stat. § 790.065(13), “is consistent with this Nation’s historical
tradition of firearm regulation,” N.Y....
...by failing to keep guns out of
schools.”4
Among other safety measures, the Marjory Stoneman
Douglas Public Safety Act (the Act) raised the minimum age for
firearm purchases from 18 to 21. Fla. Stat. § 790.065(13)....
...21-12314 BRANCH, J., Dissenting 1
BRANCH, Circuit Judge, joined by LAGOA, Circuit Judge, dissenting:
Judge Brasher convincingly explains why Florida Statute
§ 790.065(13), which prohibits anyone under 21 years old from
purchasing firearms, violates the Second Amendment rights of all
18- to 20-year-old Floridians....
...at 698 (“Taken together, the surety
and going armed laws confirm what common sense suggests: When an
individual poses a clear threat of physical violence to another, the threatening
individual may be disarmed.”). By contrast, in this case, the nexus between
Fla. Stat. § 790.065(13) and the voidability of minors’ contracts for non-
necessary goods is merely—and wholly—incidental.
Judge Rosenbaum repeats the majority’s reasoning on this point and contends
that the majority prop...
...Thus, the majority’s inferred economic effects failed to
materialize.
This historical evidence dooms the majority’s conclusion
that Founding-era contract law is sufficiently analogous to Fla. Stat.
§ 790.065(13) to render the latter constitutional because these
sources demonstrate that minors did buy goods on credit,
including firearms....
...legislation “perhaps the
only remedy” to merchants and minors’ credit contracts. Soper, 18
Mass. (1 Pick.) at 183–84. The fact that the majority cites no such
legislation “is relevant evidence that [Fla. Stat. § 790.065(13)] is
inconsistent with the Second Amendment.” Bruen, 597 U.S....
...rules that merely “confirm” a conclusion the majority has already
drawn. Indeed, Judge Brasher shows how these early militia laws
and university rules cannot, by themselves, be historical analogues
for Fla. Stat. § 790.065(13). Thus, the Commissioner’s case, and the
majority’s reasoning, hinge entirely upon this lone contract-law
doctrine as Fla. Stat. § 790.065(13)’s constitutional analogy.
Because that analogy fails, as I have explained, we should reverse
the district court.
In this case, the Commissioner bore the burden of
demonstrating that Fla. Stat. § 790.065(13) comports with this
Nation’s history and tradition of firearm regulation....
...historical sources that would suffice to demonstrate the
USCA11 Case: 21-12314 Document: 131-1 Date Filed: 03/14/2025 Page: 128 of 169
21-12314 BRANCH, J., Dissenting 9
constitutionality of Fla. Stat. § 790.065(13)....
...On a near-categorical basis, Florida prohibits ordinary, law-
abiding adults between the ages of eighteen and twenty-one from
purchasing firearms and imposes criminal sanctions on both the
buyer and seller. Fla. Stat. § 790.065(13)....
...the Second Amendment are “fundamental,” McDonald,
561 U.S. at
768, we treat them differently from other rights—precisely because
they are foundational to our “system of ordered liberty.” Id. at 778.
Moreover, §
790.065(13) regulates the conduct of adults, 2
while Adams dealt with minors, whose constitutional rights “can-
not be equated to those of adults” because of “the peculiar vulner-
ability of children; their inab...
...Alabama,
567 U.S. 460, 465
(2012) (drawing the constitutional line at eighteen for all mandatory sentences
of life without parole). Given that adulthood begins at eighteen under Florida
law and Supreme Court precedent, §
790.065(13) regulates the conduct of
adults.
USCA11 Case: 21-12314 Document: 131-1 Date Filed: 03/14/2025 Page: 132 of 169
21-12314 LAGOA, J., Dissenting 4...
...Specifically, it provides that “[a] person younger than 21
years of age may not purchase a firearm,” with narrow exceptions
for certain occupations. See 2018 Fla. Sess. Law Serv. Ch. 2018–3, §
11 (codified as Fla. Stat. § 790.065(13))....
...2019) (Barrett, J.,
dissenting). But there are no Founding-era laws disarming anyone
based on age.
Florida’s law bans young adults from purchasing, among
other things, rifles and shotguns used for hunting. Fla. Stat. §
790.065(13)....
...Cooley, The General Principles of Constitu-
tional Law in the United States of America 271 (1880)). Unsurprisingly,
then, there were no Founding-era laws prohibiting young adults
from purchasing any firearm at all, much less anything like the to-
tal, criminal ban in Fla Stat. § 790.065(13).
b.
Because nothing like Florida’s ban has existed in our history,
the Commissioner’s appeal to the Founding era begins and ends
with the recognition...
...I see nothing more
than a superficial similarity between the justifications and burdens
of these two very different legal regimes.
2.
Left without any Founding-era analogues against which to
assess Fla. Stat. § 790.065(13), the Commissioner looks forward in
time....
...Date Filed: 03/14/2025 Page: 160 of 169
21-12314 BRASHER, J., Dissenting 25
Commissioner’s statutes or campus regulations is a “proper ana-
logue” for Fla. Stat. § 790.065(13).
a.
For starters, the history of state prohibitions is far too late
and too sporadic to meaningfully inform our understanding of the
text of the Second Amendment....
... USCA11 Case: 21-12314 Document: 131-1 Date Filed: 03/14/2025 Page: 169 of 169
34 BRASHER, J., Dissenting 21-12314
Even taken at face value, these campus codes are unlike Fla.
Stat. § 790.065(13)....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
The Honorable Curtis A. Golden State Attorney First Judicial Circuit Dear Mr. Golden: You ask the following question: Do the 3-day waiting periods for handgun purchases which are required by section
790.0655 (1)(a) and
790.33 (2)(a), Florida Statutes, refer to a 72-hour waiting period or would any part of three working days satisfy the requirement? In sum: 1. A "day" for purposes of section
790.0655 (1)(a), Florida Statutes, which mandates a 3-day waiting period for purchase of a handgun, is 24 hours....
..."shall enact legislation implementing subsection (b) of this section . . . which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony." 1 In response to this constitutional mandate, the Legislature enacted section 790.0655 , Florida Statutes....
...5 A "day" is commonly understood to be a 24-hour period. 6 While no definition of the term "day" is contained in Chapter 790 , Florida Statutes, in those instances in which the Legislature contemplated less than a 24-hour day, it made specific provision for a shortened day. In section 790.065 , Florida Statutes, which relates to the sale and delivery of firearms, the terms "business day" and "working hours" are used to express the limited nature of those terms. Section 790.065 (2)(c)2., Florida Statutes, provides that "[w]ithin 24 working hours, the [Department of Law Enforcement] shall determine ....
...is scheduled, there is electronic failure, or a similar emergency which is beyond the control of the Department of Law Enforcement, the department must immediately notify the licensee of the reason for and estimated length of the delay, pursuant to section 790.065 (3), Florida Statutes....
...ion of a firearm pursuant to Florida and Federal law or provide the licensee with a unique approval number." 8 (e.s.) The Legislature has specified those instances in which a day of less than 24 hours is acceptable under the terms of the statute and section 790.0655 (1)(a), Florida Statutes, contains no such qualifying language. Therefore, it is my opinion that the use of the term "day" in section 790.0655 (1)(a), Florida Statutes, refers to a 24-hour day. Thus, since section 790.0655 (1)(a), Florida Statutes, requires a waiting period of 3 days excluding weekends and holidays between the purchase and delivery of a handgun, it would be a violation of the statute to deliver a handgun purchased on a Friday at 4 p.m., before the following Wednesday at 4 p.m....
...the statute does not state what is meant by a "working day," the commonly understood meaning of "workday," is "a day on which work is performed as distinguished from Sunday or a holiday." 9 A definition of the phrase "working hours" is contained in section 790.065 (2)(c)2., Florida Statutes....
...ng period ordinance, the mandate of section 8 (b), Article I , Florida Constitution, would continue to apply. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section 8 (c), Art. 1 , Fla. Const. 2 See , s. 1, Ch. 91-24, Laws of Florida. 3 Section 790.0655 (1)(a), Fla. Stat. Pursuant to s. 790.0655 (2), Fla....
...Stat., the three day waiting period does not apply when a handgun is being purchased by the holder of a concealed weapons permit or when another handgun is being traded in. Violation of the statute providing the three day waiting period is made a third degree felony by s. 790.0655 (3), Fla. Stat. 4 Section 790.0655 (1)(b), Fla....
...Stat., relating to the tax on the severance of oil and gas and defining "day" to mean "the standard calendar period of 24 consecutive hours ending at 12 o'clock midnight"; and s.
607.01401 (6), Fla. Stat., dealing with corporations and stating that "day" for purposes of that chapter means "a calendar day." 7 And see , s.
790.065 (2)(c)3, Fla....
...Stat., which requires the office of the clerk of court to respond to any request from the Department of Law Enforcement for data on the disposition of an indictment, information, or arrest of a potential fire-arms buyer, as soon as possible, but no later than 8 working hours. 8 Section 790.065 (3), Fla....
CopyPublished | Florida 1st District Court of Appeal
...section
790.33(1), by adopting a policy, rule, or regulation
regarding firearms without specific authorization from the
Legislature to do so. 2 Pretzer alleged that FDLE impermissibly
deviated from the statutory process for firearm purchases outlined
in section
790.065, Florida Statutes, and created a new category of
potential firearms purchasers not authorized by the Legislature.
In its answer, FDLE asserted exhaustion of administrative
remedies as an affirmative defense and moved for judgment on the
pleadings based on that defense....
...officials” whereas attorney’s
fees, costs, and damages under subsection (3)(f) apply to
“governments”).
6
C
Regulating Sale of Firearms
Sections 790.065 and 790.0655, Florida Statutes, generally
regulate the sale and purchase of firearms. Among other things,
section 790.065(1)(a) requires a dealer to request that FDLE
conduct a criminal background check on a potential buyer. Based
on this check, FDLE must inform the dealer whether the buyer is
prohibited from purchasing firearms and provide the dealer with
an approval number; a nonapproval number; or in some specified
circumstances, a conditional nonapproval number. § 790.065(2)(b),
(c)1., Fla. Stat.
If FDLE issues a conditional nonapproval, then it must
determine whether the potential buyer is prohibited from
purchasing firearms within 24 working hours. § 790.065(2)(c)2.,
Fla. Stat. If, within the 24 working hour period, FDLE cannot
determine whether a potential buyer issued a conditional
nonapproval is eligible, then it must provide the dealer with a
conditional approval number. § 790.065(2)(c)5., Fla. Stat.
Section 790.065 also provides a remedy to those persons
“denied the right to receive or purchase firearms as a result of the
procedures established by this section,” allowing them to “request
a criminal history records review and correction in accordance with
the rules promulgated by the Department of Law Enforcement.”
§ 790.065(6), Fla. Stat.
Section 790.0655(1)(a) establishes a three-day waiting period
for the purchase and delivery of firearms. Before 2018, this
statutory provision specified that “[t]here 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.” § 790.0655(1)(a), Fla....
...But in 2018, the
Legislature enacted the Marjory Stoneman Douglas High School
Public Safety Act, which in part amended this provision to read,
“[t]he mandatory waiting period is 3 days, excluding weekends and
legal holidays, or expires upon the completion of the records checks
required under s. 790.065, whichever occurs later.” Ch....
...check performed for the purchase of a firearm”: approval,
nonapproval, or conditional nonapproval. According to Pretzer,
FDLE impermissibly modified the statutorily prescribed process
by creating a fourth class of potential buyers: those with a “decision
pending” status under section 790.0655. Pretzer claimed that
those who fall in that new category lack the benefits of the
statutory process and remedy provided in section 790.065.
Specifically, Pretzer challenged FDLE’s interpretation of the
change to section 790.0655(1)(a) resulting from the Marjory
Stoneman Douglas High School Public Safety Act....
...constitutional right [to bear arms] without any due process for an
indefinite time period, without any opportunity for review or
challenge.”
Discounting FDLE’s reliance on the “whichever occurs later”
language located at the end of the second sentence of subsection
790.0655(1)(a), Pretzer alleged that the phrase “completion of the
records checks required under s. 790.065” contained in the middle
of that second sentence “means that the records check must be
concluded no later than the 24 working hours required by” section
790.0655. According to Pretzer, subsection 790.0655(1)(a) does not
authorize FDLE to take however long it feels is necessary to
perform the required check.
Finally, Pretzer alleged that FDLE, by creating a new class of
potential buyers, “promulgated or enacted a policy rule or
regulation without the authority to do so [under section 790.065]
3 FDLE had sought dismissal of part or all of two previous
versions of Pretzer’s pleading.
8
and in direct contravention of Sec....
...did
not rescind any rulemaking authority to administrative agencies.
For his part, Pretzer denied that he was challenging Rule 11C-
6.009, and was instead challenging FDLE’s exercise of regulatory
authority that is inconsistent with sections 790.065 and 790.0655,
so there was no administrative remedy for him to exhaust....
...9
In the order granting FDLE’s motion for judgment on the
pleadings, the trial court correctly identified Pretzer’s claim: that
FDLE’s actions were “outside the scope of [its] authority, as
codified within sections
790.065 and
790.0655, Florida Statutes,
and are therefore preempted under section
790.33, Florida
Statutes.” The court even described Pretzer’s claim as a
“preemption claim.” Nevertheless, the trial court concluded that
Pretzer’s claim was a “quintes...
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
records of transactions relating to firearms. Section
790.065, Florida Statutes, does not prohibit information
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1992 Bankr. LEXIS 48, 22 Bankr. Ct. Dec. (CRR) 770
which were collected by the debtor pursuant to § 790.-065, Florida Statutes. In relevant part, the statute
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 2864, 2016 WL 746442
...the sale of
firearms occurring within the county. No person shall transfer or receive a firearm when any part of the sale
transaction is conducted on property to which the public has the right of access until all procedures and
requirements of F.S. § 790.065, have been complied with by a person statutorily authorized to request that
a background information check be conducted by the Florida Department of Law Enforcement, which
person has received an approval number from that department and documented same, as provided by F.S.
§ 790.065. In case of repeal or amendment of F.S. § 790.065, no person shall transfer or receive a firearm
by sale when any part of the sale transaction is conducted on property to which the public has a right of
access until all procedures, requirements, and prohibitions set forth in other federal...
CopyPublished | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 21573, 2015 WL 8639875
...mplated.
Further, the situation here is actually the opposite of that in Jones. Although
Florida and the federal government require disclosure of certain information in
regards to background checks when purchasing a firearm, see Fla. Stat. § 790.065;
18 U.S.C....
...Filed: 12/14/2015 Page: 69 of 82
Plaintiffs further contend that because firearm ownership is heavily
regulated, and individuals who wish to own a firearm must provide considerable
personal information to the State, see Fla. Stat. § 790.065 (requiring prospective
firearm buyers to submit a wide range of personal information and undergo a
background check), patients should have no qualms about revealing their status as
firearm owners to physicians, and thus the Act does not further patient privacy.
Again, we find this argument to be inapposite....
CopyPublished | Florida 4th District Court of Appeal
...weapons used—is legally irrelevant. A Class G license only allowed Mateen
to work as an armed security guard. See §
493.6115, Fla. Stat. (2019). It
was not a legal requirement for him to be able to purchase personal
weapons. See Art. I, §8, Fla. Const.; §
790.065, Fla....
