Marion P. Hammer
USF Executive Director
NRA Past President
Florida – -(Ammoland.com)- As previously reported, the passing of the Florida gun control bill was so orchestrated by Republicans that as soon as Governor Scott signed the bill into law, FDLE quickly shut down the firearms background check system for hours to update the system to accommodate the new gun control provisions.
They did this with no prior notice to dealers.
Although Florida Department of Law Enforcement had enough advance notice to make modifications to their software to accommodate the changes in the law, they apparently didn’t train their customer service people to actually help dealers who call in for clarification.
There have been a significant number of complaints from dealers but a common complaint from those who have called the Florida Department of Law Enforcement (FDLE) Help Line is they are not getting much help.
The most common complaint is that they are being told that employees at customer service were not attorneys and that it is up to the individual FFL’s to interpret the law themselves as it pertains to date of purchase and/or transfer, or to consult their own attorney for clarification on questions pertaining to the new law.
It does seem, however, that Florida Department of Law Enforcement can arbitrarily make their own rules and give clarification if they choose.
It seems FDLE has already decided that a person under 21 who has a firearm in pawn shop, can have 30-90 days to redeem their firearm before losing it. (time frame depends on which FDLE employee you talk to) But Florida Department of Law Enforcement is apparently not willing to give the same consideration to a person under 21 who owns a rifle or shotgun and has it in gun shop on consignment to sell.
Financial Losses for those Under 21
The gun bill was rammed through the Florida Legislature and signed by Florida Governor, Rick Scott, at incredible speed and in their zeal, they made the bill take effect when the Governor signed it. That has caused considerable damage to innocent people.
Before the law took effect, if a young adult under 21 had a rifle or shot gun:
1. On lay-away, they cannot have their firearm and have probably lost any monies already paid since lay-away plans generally specify no refunds, no returns and no exchanges.
2. On special order and it was already purchased and paid for in full but hasn’t arrived, they cannot have the firearm when it arrives. FDLE will effectively nullify the purchase and will deny possession.
And since it was a special order, they many not be able to return it and get their money back. If the seller does agree to take it back, there may be a significant re-stocking fee and the local dealer will require them to pay shipping to send it back.
3. Purchased online, paid for in full and shipped to a local dealer, they cannot have the firearm when it arrives. Florida Department of Law Enforcement will effectively nullify the purchase and will deny possession. If the seller agrees to take it back there may be a significant re-stocking fee and the dealer will require them to pay shipping to send it back.
4. In a pawn shop, FDLE will allow them either 30 days or 90 days to get it back or they lose it. (time frame depends on which Florida Department of Law Enforcement employee you talk to)
5. On consignment and it doesn’t sell, how do they get it back? Florida Department of Law Enforcement would not answer that question. In fact, Florida Department of Law Enforcement said to call ATF but ATF said it’s a state law so its up to Florida Department of Law Enforcement.
6. In a gun shop for repairs, will they be able to get it back? Florida Department of Law Enforcement has apparently not decided how they will handle that.
The bottom line is a person under 21 is being prohibited from receiving a firearm they ALREADY own if it has to be transferred to them through a dealer. Florida Department of Law Enforcement will deny a transfer to anyone under 21 years of age.
This report is based on reports to us from dealers who have tried to get information from Florida Department of Law Enforcement, from attorneys, and from young adults who have had their Second Amendment rights denied.
Please be advised, that unlike the other gun control sections of the law, the section that bans bump stocks does not take effect until October 1, 2018. We expect to see litigation filed on the bump stock section in the not too distant future.
Think that people between the ages of 18 and not quite 21 will take the trouble to determine, not much trouble involved, wether or not their “elected things” voted for this legal monstrosity, and act appropriately, appropriate action being voting against the “elected things” who betrayed them? I wonder. I also wonder as to the following. Given that government thinks so poorly about what might be a significant segment of the population, similar legislation proposed at the federal level and in other states too, how might members of this age group react or behave with respect to government? I submit… Read more »
I have a question. Now that the law says a person is not an adult until he is 21″ not allowed to purchase a firearm” , does that mean that he will be treated as a child in all situations until 21? Such as the “child ” that killed those 17 people in Parkland. Will he be tried as a child, or an adult? They are saying that he is not smart or mature enough to buy a firearm, is he mature enough to be tried as an adult. Or is this law another double standard?
Folks, the sentiments you have expressed are good, but it is possible you are forgetting a fact: there are probably more “Bernie” admirers/followers in this age range than those who support the Second Amendment. Even in states where there is a strong culture of hunting (especially for subsistence, like WV, for example), I’m afraid there are more snowflakes, more young people indoctrinated by liberal teachers/clergy/etc., than you imagine. If _every_ person in this age group – of both genders – were pro-Second Amendment, they would have a pretty loud voice, but in reality many of today’s 18-20 year olds don’t… Read more »
This is similar to what the socialist administration did in New York State. When they outlawed handgun and rifle magazines capable of holding more than 10 rounds they made nearly every rifle owner a potential criminal. I have a friend with a store room FULL of all sorts of’ “large” capacity magazines sent to him by those poor law-abiding citizens in NYS. They asked him to store them legally in our state hoping the law is changed in their state.
Why the hell is ammoland still publishing anything written by this traitorous cunt?
That is good he can’t run for governor again. I wouldn’t vote for his as dog catcher. I hope the people of Florida remember his over reach. Don’t need anymore RINOs in D.C.
Florida people needs to vote out the back stabbers to the constitution.Get them all.Might not have control on what they vote into laws,but you have the power to put them out
And once they’re removed from office, and no longer have “state protection”… tar and feather the SOBs,
Gov Scott can not run again fro Governor, he will run for the US Senate.
We will see if someone will vote for him…
That is good he can’t run for governor again. I wouldn’t vote for his as dog catcher. I hope the people of Florida remember his over reach. Don’t need anymore RINOs in D.C.
I will not be voting for him! when the Civil War comes he will be among those who will be arrested and tried for treason
Unfortunately, voters have poor memories. If only they had the memory of an elephant. Symbolic of a republican.
What would happen if Florida decided to deny those between 18 and 21 the right to vote?
Is the right to keep and bear arms any different?
Actually it is different. Vastly different. The wording of the second amendment is far stronger and much more clear than any other amendment.
Maybe some recall initiatives against those sellout “representatives” who helped to ram this travesty of law through. I’ll bet there is something in Fllorida’s Constitution, and I KNOW its there in the US one, that this law violates. Thus, two things: it is null and void on its face because it was NOT enacted persuant to those two documents, AND those who promoted and voted for this have perjured themselves, having sworn an oath to uphold and defend both of those COnstitutions Sweaing an oath then wilfully not keeping it is perjury, felony level. Then it would be bye bye… Read more »
@Tio, I am sorry to tell you there is no “recall initiative” in the US Constitution. To be perjury there must be a perjury warning prominently in the document. That warning usually occurs directly over or under the signature line. Oaths of office do not include a penally of perjury warning. Sueing the federal government requires the federal government’s waiver of immunity. The federal government has not waived immunity in this area. See Defensive Federal Litigation, JA120
Sorry.
On under 21 , I don’t think a non resident can buy any firearm in another state. Regardless of age.
Wrong. A long gun can be purchased in most state by a non-resident after passing the NICS; the non-resident can take immediatel delivery of the long gun. Handguns can be purchased, too, but must be sent to an FFL in the buyers state for NICS processing and delivery.
You can buy any long gun in any state,so as you pass ball ground check.No pistol or revolver
Talk about going off half cocked, that describes the Florida legislature and rINO Governor. Put the law in effect before you have all the answers then stand there with your backside hanging out. This just shows those, including the rino gov. are totally clueless and operate on emotion ony rather than sense. That was a test that fully exposed all of them that approved this bunch of mush. They are not ready for prime time and need to get out of trying to run a government.
Then they should make the age of majority 21 for everything. Including voting. 18, 19, and 20 year olds apparently don’t WANT the rights they were granted 50 years ago, and just can’t handle them. Eight years of progressive corruption under Obama has left our country going down the slippery slope toward socialism / gov. authoritarianism. I don’t think it’s possible to stop this now without an actual civil war. Prepare accordingly.
This stunt is just more political jackassery for feel good points and is COMPLETELY unconstitutional.. ALL of these ass hat politicians should be removed from office.
The 18 to 20 year olds should vote as a block and vote all the Republicans and Democrats who signed the bill out of office, and vote in only those who stand up for the Second Ammendment .
Old enough to fight in our wars, old enough to buy a shotgun. Old enough to die with a rifle in your hand, old enough to buy one. Old enough to vote, old enough to hunt.
With all due respect, if you would work for repeal of the NFA and GCA and a return to the Constitution these things would not happen, Marion Hammer.
Stats show that an average of 8 teens die each day in auto accidents. That amounts to almost 3000 per year. If the politicians truly cared about their safety, they would raise the drive big age to 21. But you don’t see that happening do you. No, I think their real intentions are pretty clear. The only fix to our political mess is term limits for any and all politically held positions. The American people must drain the swamp as politicians have a vested interest in not doing so. It’s their power and they will not let go easily. Vote… Read more »
Look at how many teens are injured or killed while texting. Far more than killed by mass shootings. We need to ban teenagers from owning cell phones.
Long guns, unlike handguns, can be purchased in adjacent states. Floridians under 21 should go to Georgia or Alabama and purchase there.
Local law is followed in neighboring states. If an Illinoisan buys a rifle in Iowa, which has no waiting period, they must still wait 24 hours before taking possession. GA and AL would be bound by restrictions imposed by FL.
@Dr That is not true. GA firearm vendors must follow GA law and federal law. AL is bound by AL law and federal law. Are you thinking about the “Full faith and Credit clause” of the US Constitution regarding marriage, contract, wills, trusts and those sorts of things?
This law is also a direct violation of the Fourth and Fifth Amendment. FDLE is confiscating legally owned at the time of purchase, property and offering no compensation or due process. Vote in every election you can Florida and keep these Rhinos and antis from running your state into the ground like has happened in California and elsewhere.
Unintended consequences always affect the innocent. This is a bad law and I am hoping against hope that the NRA’s lawsuit is successful in nullifying it.
18 to 21 year olds should flood stores to buy weapons,then bring law suites ,individually by the thousands.Same people need to flood Dick’s an wallmart,then hit them with thousands of individual suits.That would really strain there pockets,keeping up with all them.
Great idea, but who has the money to file a lawsuit? You think that they’re free?
The “class action” law suit was designed for this very purpose. No up front money, and the court handles thousands of plaintiffs at a time.
Look at this https://www.law.cornell.edu/uscode/text/42/1983 here is a good place to start for these young adults.
Incredible. You just can’t make this stuff up. Rick Scott and his fellow Republicans in Florida have just doused their political careers in gasoline, and begun passing out road flares to all the voters they’ve offended. Many of their supposedly conservative associates in other states and D.C. are busy doing the same thing. I honestly didn’t think the antics of the political class could surprise me any longer. I stand corrected.
@OV, Yeah, This should be a wake up call for every 18-20 year old in America that liberal politicians will deny them their Constitutional Civil Rights when ever the political need arises. It is a small step to other age categories, too!
Flood the primaries! Flood the elections!