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

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 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 Firearm 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) "Firearm" means any weapon (including a starter gun) 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; or any machine gun.
(3) "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 limited to, flea markets, gun shows and firearms exhibitions.
(4) "Sale" means the transfer of money or other valuable consideration.

(b) Application of section. This section shall apply in incorporated and unincorporated areas of Miami-Dade County, with enforcement of this section in the unincorporated area being the responsibility of the Miami-Dade Police Department and in the incorporated areas being the responsibility of the municipalities.

(c) Sale and delivery of firearms; mandatory five-day waiting period; exception. 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. Holders of a concealed weapons permit as prescribed by state law shall not be subject to the provisions of this subsection when purchasing a firearm.

(d) Sale and delivery of firearms; mandatory criminal records check; exception. No person shall sell or deliver any firearm to another person when any part of the transaction is conducted within Miami-Dade County on property to which the public has the right of access until he or she has complied with all of the provisions set forth in section 790.065, Florida Statutes. Holders of a concealed weapons permit as prescribed by state law shall not be subject to the provisions of this subsection when purchasing a firearm. "Person" for purposes of this subsection shall include any person, including, but not limited to, a licensed importer, manufacturer or dealer and any unlicensed person.

(e) 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.






Section 2. Section 8CC-10 of the Code of Miami-Dade County, Florida, is hereby 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 history $500.00
records check in connection with sale or
purchase of firearm
21.20.18 Failure to wait five days in connection with sale or $500.00
purchase of firearm


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.