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Thread: A little off topic, but is a issue I must tell about.

  1. #1
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    A little off topic, but is a issue I must tell about.

    I know the new laws went into effect on October 1st, Well I was recently in Shoot Straight of Tampa with my friend and he was purchasing a rifle. The girl behind the counter said that there is a 3-day wait on rifles and handguns. I told her that there was only a wait on handguns if you didnt have a CCP. She told me that the law was repealed due to a loop-hole and that the 3 day wait for long guns is still in effect in Hillsborough County. I saw them making others wait for their rifles as they had a stack of them they were making behind the counter with receipts taped to the box.

    As far as I know they are in the wrong and that they shouldnt be enforcing the waiting period on long guns when the preemption law is in effect.

  2. #2
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    I don't think it's off topic at all. You have a legitimate concern or question regarding a Florida legality as it relates to firearms. The answer will be forthcoming shortly I'm certain. I'd take a stab at it, but, the expert around here on preemption issues is really Rich or anyone from the FloridaCarry group. Instead of possibly posting inaccurate information, I'll defer to them. One will be along eventually, they're pretty good about responding.
    Last edited by JeepSeller; 11-04-2011 at 06:02 PM.

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    Regular Member Badger Johnson's Avatar
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    You weren't wearing your new T-shirt were you?

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    Campaign Veteran Schlitz's Avatar
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    shooting from the hip, so don't quote me on this;

    but I thought in FL counties could enforce waiting periods < I THOUGHT maybe perhaps possibly I glanced at something like this in 790.... or maybe I'm some ******* idiot.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    I too had to wait for a shotty in Pinellas county. I also have a CCL

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    Both the statewide 3-day waiting period for handgun purchases under Fla. Const. Art. I, § 8(b) and the county option 3-5 day waiting period under Fla. Const. Art. VIII , § 5(b) do not apply to individuals holding concealed weapon or firearm licenses. Fla. Stat. § 790.33, as amended earlier this year, fully preempts anything more restrictive.
    Last edited by JimMullinsWVCDL; 11-05-2011 at 01:21 PM.
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    Founder's Club Member ixtow's Avatar
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    ^^ What he said ^^

    With a CWP you shouldn't be waiting for anything.

    Buy from private sellers, they are people like you and me, they need the money. No waiting period.

    The retailers don't need any more money, they have everything already and they sure don't pay their employees worth a damn. They're feeding the beast more than they're feeding anyone else.
    Last edited by ixtow; 11-05-2011 at 12:01 AM.
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    I understand that with a CWP I wouldnt have to wait. But Im talking about the other people without a CWP that are buying rifles and are being told they have to wait. They cant do that, can they?

  9. #9
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    Quote Originally Posted by MustangPython00 View Post
    I understand that with a CWP I wouldnt have to wait. But Im talking about the other people without a CWP that are buying rifles and are being told they have to wait. They cant do that, can they?
    It depends on whether the county has adopted a local option waiting period under Fla. Const. Art. VIII , § 5(b). While the statewide 3-day waiting period under Fla. Const. Art. I, § 8(b) applies only to handguns, the county option 3-5 day waiting period under Fla. Const. Art. VIII , § 5(b) applies to all firearms--not just handguns. Has anyone compiled a list of the counties that have imposed local option waiting periods?
    Last edited by JimMullinsWVCDL; 11-05-2011 at 01:22 PM.
    James M. "Jim" Mullins, Jr., Esq.
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  10. #10
    Regular Member Rich7553's Avatar
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    Quote Originally Posted by JimMullinsWVCDL View Post
    It depends on whether the county has adopted a local option waiting period under Fla. Const. Art. VII , § 5(b). While the statewide 3-day waiting period under Fla. Const. Art. I, § 8(b) applies only to handguns, the county option 3-5 day waiting period under Fla. Const. Art. VII , § 5(b) applies to all firearms--not just handguns. Has anyone compiled a list of the counties that have imposed local option waiting periods?
    You are correct. A person who has a CWFL has no waiting period for any firearm purchase made from a FFL. However a person without a CWFL is subject to a minimum 3-day wait on handguns per state consititution, or a 0-5 day wait for any firearm under the local option in the state constitution.

    To my knowledge, Jim, no one has compiled such a list. In their zeal to comply with preemption however, Orange County has repealed their 3-day waiting ordinance despite it being a constitutionally protected local option.
    Last edited by Rich7553; 11-05-2011 at 08:29 AM.
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  11. #11
    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by Rich7553 View Post
    In their zeal to comply with preemption however, Orange County has repealed their 3-day waiting ordinance despite it being a constitutionally protected local option.
    Shut up! They're gonna hear you! :-p
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    Tyranny with Manners is still Tyranny.

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