Good news

Always thought this was out of character for Florida given the State gov has been gun friendly for decades. It never applied to myself since I always had/have a CWP since moving here.

It’s nice too see this ridiculous, knee-jerk passed law on its way out.

That stupid waiting period was my main reason for keeping a carry permit after constitutional carry passed.

Just a note on CCW Permits - Even if you live in a 'Constitutional Carry' State it is still worth getting/renewing your CCW Permit, which you'll need for reciprocity in other states where your permit is honored.

Further there are sometimes weird (retarded?) exclusions/prohibited areas where you cannot carry without a CCW permit. As an example, even though Maine has Constitutional Carry you cannot carry concealed in Arcadia National Park or any State Park without a CCW Permit.

NH has had Constitutional Carry since 2017 and next month I will be renewing my CCW Permit (NH Pistol/Revolver License) for the 2nd time since that law was passed...NH has reciprocity w/ Florida!

From The Simpsons, "The Cartridge Family" episode:

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Homer: "I’d like to buy your deadliest gun, please."

Clerk: "Whoa, careful there, Annie Oakley."

Homer: "I don't have to be careful, I got a gun!"

Clerk: "Hold on, pal. Sorry, the law requires a five-day waiting period. We've got to run a background check."

Homer: "Five days? But I'm mad now! I'd kill you if I had my gun."

Three-day waiting period is what I would expect from commieland, not from a “free” state. You pass NICS, you take the firearm home right then. What’s this bullshit “cooling off” period?

You are correct in that it doesn't pass muster with a "Free State" as we like to call FL.

The 3 day law was passed by voters as a constitutional amendment passed by a margin of 85%, so there was nothing DeSantis or any other politician could really do with it being approved by voters, it was/is not a "law" as in the normal aspect of being passed by House/Senate and signed into law.

Now one of the things the 3 day amendment does/did was fix a lot of problems in blue cities, Miami Dade had a longer waiting period, Tampa, Jax, all of them were setting their own rules. The amendment fixed that problem to make it 3 days everywhere statewide. Shutting down D city governments.

Remember back in the 90's FL was a D state, it's not always been this Conservative bastion of goodness....

Most of the improved gun laws are under DeSantis watch, and this is the result of the NRA filing a lawsuit that the 3 day is unconstitutional, which is the legal maneuver that was needed to take it on.

Link

quote:

Originally posted by 12131:
Three-day waiting period is what I would expect from commieland, not from a “free” state. You pass NICS, you take the firearm home right then. What’s this bullshit “cooling off” period?

The ridiculous stupidity of the CA ten day waiting is highlighted by the fact that you can be licensed to carry a loaded concealed handgun in public, carry that handgun into your local fun store, buy another gun, and that new gun has to go into “jail” for ten days while the DOJ decides if it okay for the person licensed under CA law to carry a concealed handgun to have another gun.

One of the often missed consequences of a waiting period is that it effectively shuts down gun shows where it exists. Exhibitors/vendors do not want to exhibit where they cannot make an immediate sale and transfer. They don't want to pay the show fee unless they can attract a greater potential customer base than they can at their often-rural retail location. Not all of them, of course, but enough that the show presenter cannot affordably sponsor a show.

This was the case in Fairfax County, VA for many years until VCDL challenged the local waiting period requirement in court.

I hope all these stupid waiting periods are finally ruled unconstitutional.

Glad for Florida this has changed.

HK Ag

Most all of us already have plenty of guns at home, as we wait 3 days for a new one.

I was very glad when WI went to the instant check.

quote:

Originally posted by HRK:
You are correct in that it doesn't pass muster with a "Free State" as we like to call FL.

The 3 day law was passed by voters as a constitutional amendment passed by a margin of 85%...

I couldn't believe how this law ever passed in FL. Thank you for explaining.

They passed some crap laws after the school shooting. They need to make buying long guns at 18 a thing again as well. And they need to address FRT. it’s a fuzzy spot in the law compared to binary triggers and bump stocks which are both Specifically illegal in FL.

Just to clarify for our non Florida friends. If you have a FL CCW, the 3 day wait buying from an FFL is waived. I have taken so many items home same day and to the range or my backyard that afternoon. Having a FL CCW also eases the mental pain of sellers in a private party sale. They know your a good person and will usually make the sale. Also oddly having a FL CCW allows the legal carrying of a larger blade knife, concealed. If no CCw and your carrying a 5” buck knife concealed, technically your illegal

quote:

binary triggers and bump stocks which are both Specifically illegal in FL.

Man, that’s more bullshit restrictions from a “free” state.

quote:

Originally posted by HRK:
You are correct in that it doesn't pass muster with a "Free State" as we like to call FL.

The 3 day law was passed by voters as a constitutional amendment passed by a margin of 85%, so there was nothing DeSantis or any other politician could really do with it being approved by voters, it was/is not a "law" as in the normal aspect of being passed by House/Senate and signed into law.

Now one of the things the 3 day amendment does/did was fix a lot of problems in blue cities, Miami Dade had a longer waiting period, Tampa, Jax, all of them were setting their own rules. The amendment fixed that problem to make it 3 days everywhere statewide. Shutting down D city governments.

Remember back in the 90's FL was a D state, it's not always been this Conservative bastion of goodness....

Most of the improved gun laws are under DeSantis watch, and this is the result of the NRA filing a lawsuit that the 3 day is unconstitutional, which is the legal maneuver that was needed to take it on.

Link

The original 3-day law applied only to handguns. It was expanded to firearms in 2018 by the state legislature.

Saying Florida was D in the 90s is an understatement unless you were referring to the 1890s. From 1876 to 1998, Florida had elected only two Republican governors. In 1990, the same year the constitutional amendment passed, Democrat Lawton Chiles beat incumbent Republican Bob Martinez. Jeb Bush was elected in 1998 and re-elected in 2002; Florida’s first two term Republican governor. Let’s not forget, Janet Reno who was born and raised in Miami, played a pivotal role in making open carry illegal in Florida.

The good news is that blue states can become red.

So the state passed a law prohibiting anything that increased the rate of fire after the Parkland shooting, Thank you Rick Scott and Pam Bondi, I said she wasn't that all pro gun AG, as much as she touted when Trump appointed her and she didn't do jack here in FL government. Nonetheless.

They worked to pass it, and it's very vague, and it doesn't specifically ban any type of trigger, but, if the trigger increased the rate of fire it potentially could be illegal.

Nobody in the state has been convicted of having a binary trigger in an AR. Pretty sure nobody has been jailed with a bump stock, but at the time I believe the ATF was classing bump stocks as illegal so it appeared it would have been federally illegal anyway, regardless of FL law.

Section 790.222, Florida Statutes: A person may not import into this state or transfer, distribute, sell, keep for sale, offer for sale, possess, or give to another person a bump-fire stock. A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, the term “bump-fire stock” means a conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device.

The law's wording was left intentionally vague, meaning that anything that can increase fire rate is banned. Something like a Larue Trigger may be considered banned under this wording. However, it is to my understanding that nobody has ever been charged with this.

Yes I used Google, yes AI summarized it, yes I posted that summation.... So Sue me

Give the R and DeSantis time, they have a lot to clean up and have done a bang up job so far, so much so that we're on of if not the leading gun state in the USA.... aka the Gunshine State....

Saw a bit on Youtube so do consider the source, it may be AI Bullshit. IT WAS.

That said it stated that there was a 9 to 0 ruling from the US Supreme Court that any firearms Laws are to be subjected to Strict Scrutiny. Checking with Google this ruling actually applies to the First Amendment, not the second. In that particular case the Court ruled that "influencing" Banks and Financial to deny funds to the NRA was a Civil Rights Violation of the First. In this case it Strict Scrutiny should have been applied and legal actions taken by the State of New York would have proven to be against the Constitution.

However the Bruin Ruling is in place and while it hasn't been required to pass Strict Scrutiny that could change. Under Strict Scrutiny any "threat" to public safety must withstand much stricter tests on if the supposed threat justifies a violation of the 2nd. End result is all those gun free zones don't pass that test, about the only gun free zones would be Courts and Chambers for Legislatures. BTW I suspect that the Presidential Residence and Congress would also pass Strict Scrutiny but who knows. Another area that cannot withstand Strict Scrutiny are waiting times, Red Flag laws, Carry and Transport laws and just about any other thing that has an effect on the 2nd.

Florida dropping that 3 day wait time may simply be an anticipation of Strict Scrutiny being required at some point.

BTW the NRA won in that particular case and I expect that there will be a memorable financial benefit for the NRA. It is too much to wish for that every member of the New York Legislature be required to actually pay out of their own pockets deeply for their actions concerning this case.

Didn't even realize until now that Florida had a waiting period for gun purchases.