(UPDATE) This bill was rewritten to add background checks to private sales in Gun Shows. It was voted 7 Yeas to 0 Nays and reported favorably by the Infrastructure and Security Committee.
SPBs for Consideration by Infrastructure and Security
Public Safety: Requiring emergency medical technicians and paramedics to disclose certain confidential communications to law enforcement agencies to communicate a threat under certain circumstances; requiring specified licensees, rather than psychiatrists, to disclose certain confidential communications to law enforcement agencies to communicate a threat under certain circumstances; authorizing a person who is not a licensed importer, a licensed manufacturer, or a licensed dealer and who chooses to not use a licensed importer, a licensed manufacturer, or a licensed dealer to facilitate a private sale of his or her firearm to sell the firearm if he or she complies with specified requirements, etc.
Effective Date: Except as otherwise expressly provided in this act, this act shall take effect July 1, 2020
Last Event: 01/06/20 S On Committee agenda– Infrastructure and Security, 01/13/20, 3:30 pm, 110 Senate Building on Monday, January 6, 2020 4:13 PM
Yeah, I am confused too. Why mix two different things in one bill? And no names on who created this bill either, must be something I do not know about the mechanics of the Legislature that is plenty.
So, if you go to the text of the bill, our interesting part begins in the bottom of page 5.
(14)(a) A person who is not a licensed importer, a licensed manufacturer, or a licensed dealer and who chooses not to use a licensed importer, a licensed manufacturer, or a licensed dealer to facilitate a private sale may sell his or her firearm to another person if all of the following requirements are met:
The requirements? Basically that the transaction is recorded in a notarized bill of sales which must include all details of the gun, the seller and the buyer. The form must include a detailed questionnaire for the buyer which goes deeper than the questions you will find in your ATF 4473 form. Asking if the buyers is under indictment for domestic violence or any felony go way beyond the usual scope and any cautious seller would kill the transaction rather than have the possibility of coming back to bit them in the posterior. Remember, you can be charged with anything by a prosecutor, but that does not mean you will be found guilty of anything. You lose your gun rights only after a court judgment, not an accusation.
Then the buyer must present valid government-issue ID sign the affidavit he is not a prohibited person and have the bill notarized.
The regular Waiting Period regulations and exceptions apply. Yes, if you have a CWL, you do not need to do the waiting.
Failure to do a private sale with this paperwork is a misdemeanor of the second degree, punishable with 60 days in jail and a $500 fine.
Why I don’t like this bill even though I defend the use of a Bill of Sale for private transactions? The first reason I explained above. Asking if the person is under indictment is a scare tactic and a prohibition a priori by scaring the seller into rethinking the transaction and “playing it safe” by ending it.
Second, I hate being told what to do with my private property, specially without any consideration or thought. I find it insulting that I have to force a well known family member of a close friend to sign an affidavit when I know they are upstanding citizens. A stranger or casual acquaintance? Yes, but otherwise it is a big fat no. This Bill of Sale becomes a tool to try and get somebody guilty of something after a shooting and if it is the Seller who realized the transaction in good faith, a bad prosecutor won’t mind as long as he can get another win in the scoreboard.
So dear Government: You don’t trust me? I trust you even less.
Florida Gun Rights 2020 – SPB 7028 – Mandatory Bill of Sale for Private Sales of Firearms – No UBC – BAD BILL