Miami-Dade Legislative Item
File Number: 983327
   

File Number: 983327 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: County Commission
File Name: ORDINANCE RELATING TO FIREARMS SALES Introduced: 11/25/1998
Requester: NONE Cost: Final Action:
Agenda Date: 12/1/1998 Agenda Item Number: 5ASUBSTITUTE
Notes: Title: ORDINANCE RELATING TO FIREARM SALES CREATING SECTION 21-20-18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; IMPOSING A WAITING PERIOD AND A CRIMINAL HISTORY RECORDS CHECK IN CONNECTION WITH THE SALE OF ANY FIREARM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: FIREARMS CONTROL
Sponsors: Dr. Barbara M. Carey, Prime Sponsor
  Jimmy L. Morales, Co-Sponsor
  Katy Sorenson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/1/1998 5A SUBSTITUTE Amended
REPORT: The amended version of the foregoing ordinance was assigned No. 98-169. It was moved by Commissioner Ferguson that the ordinance be adopted as amended. This motion was seconded by Commissioner Morales, and upon being put to a vote, passed by a vote of 10-0, (Commissioners Carey, Millan and Souto were absent).

Legislative Text



Substittte to
MEMORANDUM Agenda Item No. 5(A)

Honorable Chairperson and Members
TO: Board of County Commissioners

FROM: Robert A. Ginsburg
County Attorney

DATE: December 1, 1998

SUBJECT: Ordinance relating to
firearm sales





The accompanying substitute ordinance was prepared and placed on the agenda
at the request of Commissioner Katy Sorenson, Dr. Barbara M. Carey,
Commissioner District 3 and Commissioner Jimmy L. Morales.

This substitute item differs from the original in that it (i) exempts
antique firearms from the definition of firearm; (ii) allows enforcement
of the ordinance by the Miami-Dade Police Department county-wide, not just
the unincorporated areas; (iii) provides that compliance with criminal
history background check requirements shall be made through licensed
dealers; (iv) exempts law enforcement and correctional officers from
the provisions of the ordinance; (v) exempts sales from one licensed
dealer, manufacturer or importer to another from the provisions of the
ordinance; and (vi) provides for the conveyance to state and federal
authorities of all information acquired in relation to a violation of
the ordinance.

TITLE
ORDINANCE RELATED TO FIREARMS SALES CREATING
SECTION 21-20.18 OF THE CODE OF MIAMI-DADE
COUNTY, FLORIDA, IMPOSING A WAITING PERIOD AND
A CRIMINAL HISTORY RECORDS CHECK IN
CONNECTION WITH THE SALE OF ANY FIREARM;
PROVIDING SEVERABILITY, INCLUSION IN THE CODE,
AND AN EFFECTIVE DATE

BE IT ORDAINED BY THE BOARD OF COUNTY COAOUSSIONERS, OF
MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section 21-20.18 of the Code of Miami-Dade County, Florida, is
hereby created to read as follows:'

Sec. 21-20.18. Five-day Waiting Period and Criminal
History Records Check on Firearms Sales.

(a) Definitions. For purposes of this section, the following
terms shall be defined as follows:
(1) "Any part of the transaction" means any part of the
sales transaction, including but not limited to, the offer
of sale, negotiations, the agreement to sell, the transfer-
of consideration, or the transfer of the firearm.
(2) "Antique firearms" means any firearm (including any
firearm with a matchlock, flintlock, percussion cap, or
similar type of ignition system) manufactured in or
before 1898; and any replica of any such firearm if
such replica (i) is not designed or redesigned for using
rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed
ammunition which is no longer manufactured in the

'Words stricken through and/or [[double bracketed]] shall be deleted. Words
underscored and/or >>double arrowed<< constitute the amendment proposed.
Remaining
provisions are now in effect and remain unchanged.
United States and which is not readily available in the
ordinary channels of commercial trade.
(3) "Firearm" means any weapon which will, is designed
to, or may readily be converted to expel a projectile by
the action of an explosive; the frame or receiver of any
such weapon; and firearm muffler or firearm silencer;
any destructive device; of any machine gun. Such term
does not include an antique firearm.
(4) "Property to which the public has the right of access"
means any real or personal property to which the public
has a right of access, including property owned by
either public or private individuals, firms and entities
and expressly includes, but is not 4imited to, flea
markets, gun shows and firearms exhibitions.
(5) "Sale" means the transfer of money or other valuable
consideration.

(b) Application and enforcement of section. Law enforcement
officers shall have the right to enforce the provisions of this
section against any person found violating these provisions
within their jurisdiction.

(c) Sale and delivery offirearms, mandatoryfive-day waiting
period There shall be a mandatory five-day waiting
period, which shall be five full days, excluding weekends
and legal holidays, between the hour of the sale and the
hour of the delivery of any firearm when any part of the
transaction is conducted within Miami-Dade County on
property to which the public has the right of access.

(d) Sale and delivery offirearms, mandatory criminal records
check No person, whether licensed or unlicensed, shall -
sell, offer for sale, transfer or deliver any firearm to another
person when any part of the transaction is conducted on
property to which the public has the right of access within
Miami-Dade County until all procedures specified under
section 790.065, Florida Statutes, have been complied with
by a person authorized by that section to conduct a criminal
history check of background information as specified in
that section, and the approval number set forth by that
section has been obtained and documented. Upon the
repeal of section 790.065, Florida Statutes, no person,
whether licensed or unlicensed, shall sell, offer for sale,
transfer or deliver any firearm to another person when any
part of the transaction is conducted on property to which
the public has the right of access until all procedures
specified under any other state or federal law which
requires a national criminal history information or national
criminal history check on potential buyer or transferee of
firearms have been complied with by any person authorized
by law to conduct the required national criminal history or
background records check and any required approval under
such state or federal law or rule has been obtained.
"Person7' for purposes of this subsection shall include any
person, including, but not limited to a licensed importer,
licensed manufacturer or licensed dealer and any
unlicensed person.

In the case of a seller who is not a licensed importer,
licensed manufacturer or licensed dealer, compliance with
section 790.065 or its state or federal successor shall be
achieved by the seller requesting that a licensed importer,
licensed manufacturer or licensed dealer complete all the
requirements of section 790.065 or its state or federal
successor. Licensed importers, manufacturers and dealers
may charge a reasonable fee of an unlicensed seller to
cover costs associated with completing the requirements of
section 790.065.

(e) Exemptions. Holders of a concealed weapons permit as
prescribed by state law and holders of an active
certification from the Criminal Justice Standards and
Training Commission as a law enforcement officer, a
correctional officer, or a correctional probation officer as
set forth in state law shall not be subject to the provisions
of this section.

Sales from one licensed importer, licensed manufacturer or
licensed dealer to another licensed importer, licensed
manufacturer or licensed dealer shall not be subject to the
provisions of this section.

(f) Penalties. Any person violating any provision of this
section shall be punished by a fine not to exceed five
hundred dollars ($500.00) or by imprisonment not to
exceed sixty (60) days in the County Jail, or by both such
fine and imprisonment. Nothing contained herein shall be
construed to preempt the imposition of any higher penalties
imposed by state or federal law.

(g) Reporting of information. To the fullest extent permissible
by law, all information acquired in relation to a violation of
this section shall be reported to appropriate federal and
state officials.

Section 2.Section 8CC-10 of the Code of Miami-Dade County, Florida, is

amended to read as follows:

Sec 8CC-10.

Schedule of civil penalties.
Code Description of violation civil
Section Penalty

21-20.18 Failure to perform criminal histpry
records check in connection with sale of firearm
21-20.18 Failure to wait five dgys in connection with
the sale of firearm

$500.00

$500.00

Section 3. if any section, subsection, sentence, clause or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.

Section 4. It is the intention of the Board of County Commissioners, and it
is hereby ordained that the provisions of this ordinance, including any sunset
provision, shall become and
be made a part of the Code of Miami-Dade County, Florida. The sections of
this ordinance may
be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be
changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective at the later of (i) ten
(10) days after
the date of enactment unless vetoed by the Mayor, and if vetoed, shall
become effective only
upon an override by this Board, and (ii) January 5, 1999.

Section 6. This ordinance does not contain a sunset provision.



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