For our valued customers in Florida who sell and pawn firearms, the following system settings changes can be made to help you remain compliant with Bill 7026, which Governor Rick Scott signed into law March 9th 2018.
All FFLs should become familiar with the full 105 page Senate Bill, which you can find here.
Here are some highlights you and your employees will need to be aware of:
- A person younger than 21 years of age may not purchase a firearm.
- The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer.
- A person who violates this subsection commits a felony of the third degree.
- The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, as those terms are defined in(other sections).
- A mandatory 3-day waiting period is imposed between the purchase and delivery of a firearm. The mandatory waiting period is 3-days, excluding weekends and legal holidays, or expires upon the completion of the records checks… (Read the Senate Bill above to learn about exceptions to the 3-day waiting period.)
- A person may not import into this state or transfer, distribute, sell, keep for sale, offer for sale, possess, or give to another person a bump-fire stock.(“Bump-fire stock means a conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device.
- A person who violates this section commits a felony of the third degree…
Pertinent to Pawn Shops:
Senate Bill 7026 The majority of the questions are answered on pages 24-26.
1) We have taken the position that guns that are currently in pawn have 90 days to retrieve it out of pawn. (From the date the bill went into law -- March 9th 2018.)
2) You will need to determine if a pawn redemption meets the requirement for the waiting period (the waiting period is independent of the background check).
3) The waiting period is outlined in the changes to 790.0655. (See Senate Bill 7026, page 24-25)
4) The statute defines who the police and military personnel are. Is it up to your business to determine that they have satisfied the criteria
5) You will need to determine if what is being sold would be considered a handgun or long gun. ATF may be able to define these.
6) If a transaction is not an Approval or Non Approval, it is considered a Decision Pending and cannot be released until a decision is made.
The following changes can be made to PawnMaster and Buy/Sell Plus to help facilitate compliance.
Once these changes have been made, the system will flag you if someone trying to purchase a firearm is under the age of 21, and will not allow the transaction to be completed.
1. Go to Admin, Item Setup (Codes), Item Types.
2. Select “Firearm” in Level 1.
Adjust Shotgun, Rifle, Pistol, Revolver and if needed Lower Receiver, change the Minimum Age to 21.
If your shop uses the Feature to allow “Holding” a firearm for a customer,
make sure it is set to “3”.
3. The Final setting that may need attention can be found in Admin, Store Setup, System Options, Firearms Tab.
If “Count weekends as part of the hold period?” is checked, remove the check.
If you have any issues, click here to submit a support ticket.