HomeMy Public PortalAbout1998-44 Florida Constitution revision #12 support, (firearms purchasing waiting period, criminal records check)RESOLUTION NO. 98-44
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA SUPPORTING
REVISION #12 TO THE FLORIDA CONSTITUTION,
PROVIDING COUNTIES THE OPTION OF REQUIRING A
CRIMINAL HISTORY RECORDS CHECK AND A THREE -
TO -FIVE DAY WAITING PERIOD ON PERSONS
PURCHASING FIREARMS ON PROPERTY OPEN TO
PUBLIC ACCESS.
WHEREAS, handgun violence results in countless, unnecessary deaths each year within the
State of Florida and elsewhere; and
WHEREAS, Florida voters in 1990 overwhelmingly approved an amendment to the Florida
Constitution, codified as Article 1, Section 8, that imposes a three-day waiting period between the
purchase and delivery of any handgun at retail; and
WHEREAS, Sections 790.0655, 790.065 and 790.23, Florida Statutes, also provide for a
three-day waiting period on the purchase of handguns sold by licensed dealers, require a criminal
history/records check on persons purchasing firearms from licensed dealers, and prohibit the sale of
firearms to criminals; and
WHEREAS, under current law, sales of firearms at gun shows are not subject to waiting
periods or background check requirements because the law exempts persons who make occasional
sales, exchanges or purchases of firearms for the enhancement of a personal collection or for a
hobby; and
WHEREAS, the ability to purchase a firearm at a gun show without a criminal background
check or waiting period results in a significant loophole that dramatically reduces the effectiveness
of the laws that require criminal background checks and three-day waiting periods; and
WHEREAS, local governments are prohibited from closing this loophole by the Joe Carlucci
Uniform Act, Section 790.33, Florida Statutes, which preempts local governments from in any way
regulating the sale or possession of firearms; and
WHEREAS, the Constitutional Revision Commission (CRC) has adopted a proposed
amendment to Article VIII of the Florida Constitution which, if approved by the voters, would allow
counties the option of requiring a criminal background check and imposing a waiting period of
between three and five days on persons purchasing a firearm on property to which the public has a
right of access; and
WHEREAS, this revision will not limit the public's right to legally possess or purchase
firearms, or affect the gift of a firearm, or sale of a firearm on private property; and
WHEREAS, this revision is not opposed by a large number of licensed firearm dealers such
as the National Alliance of Stocking Gun Dealers, which has spoken in favor of closing the "gun
show" loophole since May 1993; and
WHEREAS, the results of a recent statewide survey indicate that the overwhelming majority
of those surveyed, including gun owners, would support this measure; and
WHEREAS, Revision #12, if approved by voters in November 1998, would allow counties
to close the gun show loophole and further prevent access to firearms by children and criminals.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Council supports the passage of Revision #12 to the Florida
Constitution to allow counties the option of requiring a criminal background check on the purchaser
of firearms and imposing a three -to -five day waiting period between the sale and delivery of a
firearm at a gun show or other public place.
Section 2. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 25th day of August , 1998.
CONCHITA H. ALVAREZ, VILLAGE CL
APPROVED AS TO FORM AND LEGAL SUFF
RICHARD J. WEISS, VILLAGE ATTORNEY