Florida Law Enforcement Exempt from Firearm Purchase Waiting Period and Criminal Records Check Amendment (2018)

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# Florida Law Enforcement Exempt from Firearm Purchase Waiting Period and Criminal Records Check Amendment (2018)

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Florida Law Enforcement Exempt from Firearm Purchase Waiting Period and Criminal Records Check Amendment

Election date
November 6, 2018
Topic
Firearms and Law enforcement
Status
Not on the ballot
Type
Constitutional amendment| Origin
State legislature

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List of Florida measuresFlorida Amendment 1Florida Amendment 2Florida Amendment 3Florida Amendment 4Florida Amendment 5Florida Amendment 6Florida Amendment 7Florida Amendment 9Florida Amendment 10Florida Amendment 11Florida Amendment 12Florida Amendment 13Submit

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The Florida Law Enforcement Exempt from Firearm Purchase Waiting Period and Criminal Records Check Amendment was not on the ballot in Florida as a legislatively referred constitutional amendment on November 6, 2018.

The measure would have exempted certified law enforcement officers employed or appointed by a law enforcement agency in the state from:[1]

(a) the state's three-day waiting period requirement between the purchase and delivery of any handgun; and
(b) county laws requiring a three- to five-day waiting period between the purchase and delivery of a firearm or a criminal records check to purchase a firearm.

As of 2017, law enforcement officers were required obtain concealed weapon permits, despite law enforcement being exempt from the requirement to obtain concealed weapon permits, to avoid state or county waiting periods between purchasing and receiving a firearm.[2]

## Contents

* 1 Text of measure
* 1.1 Ballot title
* 1.2 Constitutional changes
* 2 Path to the ballot
* 2.1 House vote
* 3 See also
* 4 Footnotes

## Text of measure

### Ballot title

The ballot title would have been as follows:[1]

“  | CONSTITUTIONAL AMENDMENT ARTICLE I, SECTION 8 ARTICLE VIII, SECTION 5

EXEMPTION FROM REQUIREMENTS FOR FIREARM PURCHASES FOR CERTAIN LAW ENFORCEMENT OFFICERS.—Proposing an amendment to the State Constitution to exempt certified law enforcement officers who are employed or appointed by a law enforcement agency in this state, as prescribed in Florida law, from the 3-day waiting period for handgun purchases under state law and a criminal history records check and 3 to 5-day waiting period for firearm purchases under a county ordinance.[3]

| ”

|
|

### Constitutional changes

See also: Article I and Article VIII of the Florida Constitution

The measure would have amended Section 8 of Article 1 and Section 5 of Article VIII of the Florida Constitution. The following underlined text would have been added, and ~~struck-through~~ text would have been deleted:[1] Note: Use your mouse to scroll over the below text to see the full text.

Section 8 of Article 1

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 section, "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. As prescribed by general law, certified law enforcement officers who are employed or appointed by a law enforcement agency in this state and holders of a concealed weapon permit ~~as prescribed in Florida law~~ shall not be subject to the provisions of this paragraph.

(c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.

(d) This restriction shall not apply to a trade in of another handgun.

Section 5 of Article VIII

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.

(b) Each county shall have the authority to require a criminal history records check and a 3 to 5-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. As prescribed by general law, certified law enforcement officers who are employed or appointed by a law enforcement agency in this state and holders of a concealed weapons permit ~~as prescribed by general law~~ shall not be subject to the provisions of this subsection when purchasing a firearm.[3]

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## Path to the ballot

See also: Amending the Florida Constitution

In Florida, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session.

On January 18, 2017, the amendment was filed in the state legislature as House Joint Resolution 291. The Florida House of Representatives approved the measure, 115 to 1 with four members not voting, on May 3, 2017. Rep. Carlos Guillermo Smith (D-49) was the sole member of the House to vote against referring the measure. The bill did not receive a vote in the Senate before the 2017 legislative session ended on May 8, 2017.[4]

### House vote

May 3, 2017[4]

Florida HJR 291 House Vote

Result| Votes| Percentage
a Yes|  115|  99.14%
No| 1| 0.86%

## See also

| Suggest a link

|

* 2018 ballot measures
* Florida 2018 ballot measures
* Florida Legislature
* Firearms on the ballot
* Law enforcement on the ballot

## Footnotes

1. ↑ 1.0 1.1 1.2 Florida Legislature, "House Joint Resolution 291," accessed May 3, 2017
2. ↑ Florida Legislature, "House of Representatives Staff Analysis," accessed May 3, 2017
3. ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content
4. ↑ 4.0 4.1 Florida Legislature, "HJR 291 Overview," accessed May 3, 2017

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Categories:

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* State ballots, 2018
* State Ballot Measure, November 6, 2018
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* Did not make ballot in 2018
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* Did not make ballot, firearms
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