Florida Statute 790.0655 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.0655

790.0655 Purchase and delivery of firearms; mandatory waiting period; exceptions; penalties.—

(1)(a) A mandatory 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 required under s. 790.065, whichever occurs later. “Purchase” means the transfer of money or other valuable consideration to the retailer. “Retailer” means and includes a licensed importer, licensed manufacturer, or licensed dealer engaged in the business of making firearm sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in s. 212.02(13).

(b) Records of firearm sales must be available for inspection by any law enforcement agency, as defined in s. 934.02, during normal business hours.

(2) The waiting period does not apply in the following circumstances:

(a) When a firearm is being purchased by a holder of a concealed weapons or concealed firearms license issued under s. 790.06.

(b) To a trade-in of another firearm.

(c) To the purchase of a rifle or shotgun, upon a person’s successfully completing a minimum of a 16-hour hunter safety course and possessing a hunter safety certification card issued under s. 379.3581. A person who is exempt from the hunter safety course requirements under s. 379.3581 and holds a valid Florida hunting license is exempt from the mandatory waiting period under this section for the purchase of a rifle or shotgun.

(d) When a rifle or shotgun is being purchased by a law enforcement officer or correctional officer, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a servicemember as defined in s. 250.01.

(3) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a) For any retailer, or any employee or agent of a retailer, to deliver a firearm before the expiration of the waiting period, subject to the exceptions provided in subsection (2).

(b) For a purchaser to obtain delivery of a firearm by fraud, false pretense, or false representation.

History.—s. 1, ch. 91-24; s. 3, ch. 92-183; s. 98, ch. 99-3; s. 12, ch. 2018-3; s. 33, ch. 2022-183; s. 11, ch. 2023-18.

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Amendments to 790.0655

Arrestable Offenses / Crimes under Fla. Stat. 790.0655

Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.0655 3a - WEAPON OFFENSE - VIOLATE 3 DAY WAITING PERIOD PURCHASE FIREARM - F: T

S790.0655 3b - WEAPON OFFENSE - BUYER OBTAIN DELIVERY OF A FIREARM BY FRAUD - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 790.0655

Total Results: 3

Christopher Pretzer v. Rick Swearingen, individually and in his official capacity, and Florida Department of Law Enforcement

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: hours required by” section 790.0655. According to Pretzer, subsection 790.0655(1)(a) does not authorize …Regulating Sale of Firearms Sections 790.065 and 790.0655, Florida Statutes, generally regulate the sale…Enforcement.” § 790.065(6), Fla. Stat. Section 790.0655(1)(a) establishes a three-day waiting period for… and the delivery at retail of any handgun.” § 790.0655(1)(a), Fla. Stat. (2017). But in 2018, the Legislature…with a “decision pending” status under section 790.0655. Pretzer claimed that those who fall in that new

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Court: Fla. Att'y Gen. | Date Filed: 1992-06-11T00:53:00-07:00

Snippet: section 790.0655(1)(a), Florida Statutes, refers to a 24-hour day. Thus, since section 790.0655(1)(a), …Laws of Florida. 3 Section 790.0655(1)(a), Fla. Stat. Pursuant to s.790.0655(2), Fla. Stat., the three …made a third degree felony by s. 790.0655(3), Fla. Stat. 4 Section 790.0655(1)(b), Fla. Stat. 5 Pedersen …handgun purchases which are required by section 790.0655(1)(a) and 790.33(2)(a), Florida Statutes, refer…: 1. A "day" for purposes of section 790.0655(1)(a), Florida Statutes, which mandates a 3-day

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Court: Fla. Att'y Gen. | Date Filed: 1991-09-12T00:53:00-07:00

Snippet: constitutional amendment. 3 See, s. 790.0655(1)(b), F.S. 1991. And see,790.0655(3), F.S. 1991, imposes criminal…was of this constitutional amendment.2 Section 790.0655(1)(a), F.S. 1991, provides: There shall be…purchase and delivery of the handgun. Pursuant to s.790.0655(2), F.S. 1991, the waiting period does not apply…appear to be subject to the requirements of s. 790.0655(1), F.S. 1991, when purchasing a handgun at retail