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....
...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....
...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....
CopyPublished | Florida 1st District Court of Appeal
... 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....
...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....
...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...
...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...
