| DATE: | February 6, 2020 |
| TO: | USF & NRA Members and Friends |
| FROM: | Marion P. Hammer |
| USF Executive Director | |
| NRA Past President |
Tallahassee Mayor John Dailey has now become a veritable "poster child" for Moms Demand Action and one of the worst background check gun control bills we've seen.
Moms Demand Action is a gun control group formed by former NY Mayor Michael Bloomberg. Clearly, the group wants action for the $500,000 that Florida Senate President Bill Galvano (R) took from Bloomberg.
SB-7028 is the massive gun control bill that Galvano "instructed" Sen. Tom Lee to introduce as a committee bill.
Below is the link to the press release just put out by Moms Demand Action in their push for SB-7028.
You may email Mayor Dailey at John.Dailey@talgov.com or Call his office at phone: 850-891-2000.
BACKGROUND
Some of the Problems With SB-7028
Section 3 is aimed at banning private sales of firearms by mandating use of one of two futile options:
PROBLEM – Option 1. Private sale through a licensed dealer – SB-7028 holds private citizens to a higher standard than licensed dealers. Firearms owners, who use this option, run the risk of losing their firearms due to an administrative mistake.
Background: Under current federal law, before a dealer can do a background check, the firearm must be logged into the dealer’s Federal A&D Book (Acquisitions & Dispositions) and become part of the dealer’s inventory. Federal law requires licensed dealers to keep a permanent record of all firearms transactions. A dealer is prohibited from releasing a firearm to any person without first conducting a background check.
To exercise this option, a private owner/seller must first surrender possession of the firearm to the dealer.
If the BUYER fails the background check through a misidentification error, the dealer is prohibited from returning the firearm to the owner without doing a background check on the owner.
Then, if the OWNER fails the background check through a misidentification error, the dealer is prohibited from returning the firearm to its owner. The dealer can legally keep the firearm – forever.
It is not unusual for FDLE to make administrative errors and confuse the name of a law-abiding person with a criminal who has the same or similar name. It is a risk most people will not take.
PROBLEM – Dealers are NOT required to provide the service for private sales to anyone and may refuse for any reason or for no reason. Option #1, therefore, may not be available to private sellers.
PROBLEM – A dealer may charge a “fee” in ANY amount the dealers chooses. Page10, Lines 273-277.
PROBLEM – Option 2. Private sale authorized by a Notary. Even if a seller has the wherewithal to produce the mandated form on paper, finding a Notary who will notarize a firearm transaction form will be practically impossible. (criteria listed continuously on page 5, line 141 through page 9, line 243).
Background: Under this option an owner/seller is required to construct, in writing or by typing, a detailed, complicated government-type form on paper. The form must meet the criteria specified on Page 5, Line 141 thru Page 9, Line 243.
The document must be filled out and signed in front of a Notary. It must be notarized to be a valid legal sale. It is well known that Notaries are NOT readily available to the public and even if they were – most notaries would NOT notarize a firearm transfer form. This is another unworkable option.
Section 4 Mandates background checks by dealers when any part of a private sale is conducted on “any property to which the public has the right of access,” (access with or without paying a fee).
PROBLEM – It overrides the county option in Art. VIII, Sec. 5. Sub. b. Florida Constitution with a statutory mandate. Counties have had the option to adopt an ordinance for over 20 years (since 1998).
Background: Because ONLY 10 Counties out of 67 have exercised the county option to adopt an ordinance, the bill will force the restriction on all of the other 57 counties. It bans STATEWIDE all private sales of firearms on “property to which the public has the right of access.” This includes gun shows, flea markets, estate sales or other any property open to the public, with or without paying a fee.
Section 5 Is a mandatory waiting period of 3 days, excluding weekends & holidays on private sales.
Section 6 Makes two major changes to the safe storage law.
PROBLEM 1 – It prohibits storing a firearm if it can be accessed by a “person of unsound mind.” No definition of “unsound mind” is in the bill or in Florida statutes. No one knows what it actually means.
PROBLEM 2 – It raises the age of “minors” from under 16 to under 18. There have been numerous documented cases where young teens have been able to access stored firearms to save themselves and others. Also, since 16-year-olds can qualify for a hunting license and go hunting without an adult, the bill, by not allowing them to access a stored firearm, infringes upon a 16-year-old’s right to hunt.
Please feel free to share this email with friends, family and fellow sportsmen and gun owners.
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