Opinion by Marion Hammer
Florida – -(AmmoLand.com)- HB 135 – Transfers of Firearms by Rep. Margaret Good (D) prohibits the TRANSFER of a firearm from one law-abiding citizen to another without first having a background check performed by a licensed firearms dealer.
Transfer means sale, giving, lending, renting, or simply handing a firearm to another person or any action that causes a firearm to be transferred from one law-abiding person to another law-abiding person.
In other words, you must go to a licensed firearms dealer to have a background check done on your best friend just to lend him a hunting rifle to go on a hunting trip. You must also pay the dealer an administrative fee PLUS the background check fee charged by FDLE.
Then, before before your best friend can return the firearm to you, you must go back to the dealer and the dealer must do a background check on YOU to simply give you back your own gun — AND pay another set of fees.
The bill also contains a “head-fake.” Right up front, is a definition: “Adult family member means an individual’s spouse, parent, child, sibling, grandparent, grandchild, niece, nephew, first cousin, aunt, or uncle who is over 21 years of age.”
As must have been anticipated, many folks wrongfully think there is an exemption that allows you to lend or otherwise transfer a firearm to “an adult family member.” A careful reading of the bill shows that the exemption ONLY applies if that person LIVES WITH YOU and the transfer is for NO MORE THAN 14 DAYS.
Even though HB-135 requires the person transferring the firearm to pay a licensed firearms dealer any amount of fees demanded by the dealer, nothing in the bill requires any dealer, anywhere to do background checks on private transfers, period!
The bill sponsor must assume that dealers will be eager to accommodate this gun control measure because they have an opportunity to make as much money as they choose while implementing the liberal left’s gun control schemes. Then there’s this:
Confiscation of Firearms Under HB-135
Pretend your name is John Smith and you want to give a family shotgun to your son, John Smith, Jr. (It doesn’t matter what your name is, this could happen to you and FDLE’s or NCIC’s mistake could result in your gun being confiscated).
STEP 1. You go to your local licensed gun dealer for a background check on your son, as required by this bill.
STEP 2. You must then sign over ownership of your shotgun to the dealer before he can legally run a background check.
STEP 3. The dealer charges you $50 (or more – as much as he chooses) to do the background check on your son.
STEP 4. FDLE’s background check on your son confuses him for a John Smith with a criminal record: FDLE denies a transfer.
STEP 5. Before the shotgun can be returned to you, the dealer must first do a background check on you.
STEP 6. The dealer charges you $50 (or more – as much as he chooses) to do a background check on you.
STEP 7. FDLE confuses you with the same John Smith as your son, so FDLE denies the transfer of your gun back to you.
STEP 8. Your shotgun must then be CONFISCATED by the dealer.
STEP 9. Within 24 Hours, the dealer must deliver your shotgun to the Sheriff. (After doing a background check on the Sheriff)
STEP 10. FDLE does nothing to correct the mistake.
STEP 11. Unless YOU can PROVE that FDLE made a mistake, in 6 months your shotgun is forever forfeited to “the state” with
no compensation whatever. There is no mandate that your shotgun be properly maintained while in “custody.”
BOTTOM LINE: You have paid a dealer $100; you and your son have been labeled criminals by FDLE; your shotgun has been confiscated. That’s only some of what Rep. Good’s bill would do if it passes.
READ THE BILL HERE:
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0135__.docx&DocumentType=Bill&BillNumber=0135&Session=2019
The State Atty General should determine the proposal is Unconstitutional and it should not proceed.
Why do they push these stupid bills that become law until overturned, because they can get away with it,
they have unlimited legal resources as the taxpayers foot the bills for the lawsuits.
Gov. most likely would not sign the bill.
someone with a big a** & a bigger mouth trying to determine what other people “need”
SO I guess i have to have a background check done on my son before i can hand/give him a pellet rifle. I hope GOD will let the right hand smack the left hand and straighten it out to see the truth
SUBUDDY remind this eedjit that the shooter whom I refuse to name, he of Parlkland infamy, PASSED his background checks for ALL of his rifle purchases.. in SPITE of the fact that he had, and was known to have, committed at least three, and most likely four felony level crimes prior to his shootemup, but because the school district, as corrupt as they come, preferred to receive a $54,000,000 PRIZE for reducing their ARREST ratE of high school age students. No one ever asked, and they did not volunteer, whether they reduced their CRIME rate during the same time. Had… Read more »
This is a lot of fuss over something that doesn’t have a snowball’s chance of passing but then again the Parkland thing caused a flurry of anti gun laws just because the Sheriff and the FBI were sleeping at the switch. The progressives are trying to turn Florida into a snowflake state and with all the nor easterner snowbirds invading it is going to be difficult to hang on to the gun rights.
there are just as many pro gun people leaving those shit hole States for pro gun States so its just a wash or more pro gun people.I’ve met more pro gun people moving to florida then anti gun people and I’m from N.J. and moved to Florida 12 years ago and would never go back to where I came from and the pro gun people say the same about there states.
Snowball’s chance, you say? WAKE UP my man. This is ALREADY THE LAW in Washington, Oregon, and NEvada, that I know of. Think it can’t pass?> HOW did it get into law in those three states? True story, in those states one cannot lawfull have a friend over to do some backyard shooting (legal and safe where I live), he brings his, I have mine, we fire a few rounds, and HE wants to try mine. I cannot let him lay down on the at ahd HOLD my rifle before we go though the rugmarole described above… despite the FACT… Read more »
I’m not so worried about a bill passed by legally elected representatives so much as unelected judges determining that the 2nd amendment applies only to slingshots or spitballs. The SCOTUS and their brethren are fully capable of making the Constitution doing any kind of gymnastics that they wish. Ask the Japanese-American citizens who were locked up without trial or charge.
to be expected from lra (lawyer-run america) despite a few good ones in the craft. Luke 11:46
Notice that this bill applies only to “law-abiding adults”? Criminals and law breakers need not comply! How do such bills even get written, let alone get through legislative review??
Apparently Ms. Good was born and raised in California before moving to Florida!!!!!!!!!!!!!!!!!
Kick her out of Florida she’s to dumb to be in a elected office these idiots keep threatening people that are not hurting anyone the may get their fingers burnt what don’t not being infringed up on.
Florida?
Exactly how will this be enforced in a state without (AFAIK) universal gun registration?
That is the point. Pelouwsy (lol) stated that she and the Democrats will be pushing the same type of Bill for a Federal law. Then she also stated they (Democrats) will by pushing a Bill for National Gun Registration. They know that these type of laws are not enforceable without total gun registration. And anyone with at least half a brain knows that the only reason for gun registration is gun confiscation. I personally do not own any guns because I am disabled and cannot shoot them but I have family members that do own guns and hope they are… Read more »
With a reasoning process like this, how the hell did this bitch Good get elected? We need total backgrounds on all political candidates in all 50 states prior to allowing them to run for any office. Idiots at best.
Roy A Pulliam, If we did that most of them could never pass the background check, HELL, The last “pRESIDENT” could not even prove who he is or where he was born!
The last “pRESIDENT” we had could never pass. The “man”? couldn’t even prove who he is or where he was born.
Who do these legislators think that they are pushing statutes that they know are unconstitutional ? What a waste of legislative and judicial time and money. Are these intentional distractions so that legislators do not have to address real problems? Every state and every branch of the federal government need term limits. We the people need the Right to recall idiots. The violation of the oath of office needs to be a criminal offense. We need stronger controls over our governmental employees because they have come to believe that they are the bosses.
@wildbill, I agree with you. The reason they pass bills that even THEY know are likely unconstitutional is that they also know that WHATEVER they pass is going to be THE LAW for a long time, even if it eventually gets overturned. If local courts & state courts & your Federal Circuit Court are all left-wing (as is the case in parts of the country), those laws will stand and suppress citizen rights for easily 8-10 years before they could POSSIBLY be overturned. And they can pass laws like that MUCH faster than they can be overturned. That is, they… Read more »
Term Limits,
Obeying their OATH of OFFICE,
RECALL of voted in “representatives” who have abdicated their OATH of OFFICE,
Voted in Public Servants, “representatives” getting their pay while the government is shut-down- They should not be paid during SHUT-DOWNS,
KNOWN BLATANTLY LYING while holding a Public Office,
Are among the items which must be addressed.
This is why the CONVENTION OF STATES with its LIMITS – – – MUST be called and held by the States.
Am bringing out my “Constitutional Reaffirmation and Accountability Act” idea with a slight twist. All legislation and regulation and judicial review, would then undergo referendum of the people to determine Constitutionality. Referendum would be of the 2/3 affirmative variety. 1 year in jail and three years probation for any government official that votes in the affirmative an Unconstitutional law or regulation. On top of that we apply the taking of their enumerated rights for life. Here’s the revision. Instead of “CRAA” we create the “People’s Agency,” much like our servant government does now by granting ourselves a “Title of Nobility.”… Read more »
Title 18 U.S.C., Sections 241 and 242. Fines and imprisonment of up to life (death if death or grievous bodily harm occurs due to such laws).
Every state and every branch of the federal government need term limits. NO NO NO NO. Dintchya read, this dirtbag is NEW on the job? So is the Occasional Cortex from Noo Yawk, that wretched hoor Harris from California now running for President (despite the clear FACT she is NOT a Natural Born Citizen), and the two female congresscritters, adherents of the “religion of peace”< one from Minnesota dthe other from Michigan. A few more I can't recall just now Term limits do not prevent such trash from getting elected, and they can each do plenty of damage in the… Read more »
You cannot just sit back and say ‘it won’t pass’ just because the house is majority Republican.
-Recall please the utter failure of the Republican majority after we voted them back into that majority in 2016, prior to their demise this last mid-term.
-Recall please the failure of the Florida Republican house to stop the Parkland gun control bill (Marjory Stoneman Douglas High School Public Safety Act).
-WE gave them the ability to support these issues and they did nothing, for two years.
-YOU need to take a moment and rattle their cages, by phone, email or letter.
Cynical as it may seem (hah), I suspect many ludicrous bills are written to distract attention from other insidious legislation under the guise of flooding the legislature with crap, hoping something will slide by! Remember pelosi’s attitude of “pass it now, read it later” with Obamacare?
Idiocy in full bloom. So when hunting with friends or family and we have to cross over a fence, we are barred by law if passed under this bimbo’s bill, from “handing our respective weapons to one another while crossing – hmmm – so much for firearm safety.
No doubt this public servant will expound the tiresome rhetoric of the anti gun activists, i.e., it is for public safety.
HITLER must have been reborn !!!!
Hitler? Maybe. Stalin out of his grave more likely. I think of the Democrats as Stalinist now. A new party name, Stalincrat sounds appropriate. Should hack them off too. Get a lot of them to perform a knee-jerk dance. Fun to watch, I would bet.
@Gentlemen, I can not disagree. MaRegret Notsogood deserves “the Peoples’ Veto”.
If the laws are made so restrictive and complicated that the usually law abiding are made criminals, what is the incentive for anyone to follow the law? And would the US have the stomach to build a gulag to house ever larger portions of the American population in preparation for these more restrictive laws, or are these laws going to be unenforceable like many gun laws of the past? If the punishment of merely living is the same as being a revolutionary, wouldn’t there be an incentive to revolt? See, these Global-Socialists are so steeped in their leftist ideology, their… Read more »
Ammoland sucks 100% censorship/ if you don’t meet their left leaning speech criteria
If you don’t like them, go to another site. Nobody forced you to get on here to start with.
ammoland do not censor. Sometimes it take a while for the mods to check stuff out.
As mentioned, no one FORCES you to post here. Though there are some posters I’ve seen here I’d sure like to see taken to the woodshed.. and left there.
We need to change the constitution in Florida to allow for a elected official to be recalled. Let’s get rid of these idiots.
It’s already there, It’s called a rope.
It also means “technically’ that law enforcement can’t “confiscated” your weapons without going through a background check also…….since, by law, that would be transferring a weapon from one person to another.
As the communist Islamic front moves from their destroyed West Coast California Washington Oregon base they have determined to destroy Florida as next drop off point I’ve got news for you communist bastard’s /do you want to fight ? Your coming to the right place /Now you’ll have to deal with some real patriots -not some pussyass keyboard commando’s-1776
@Greg, The communist Islamic front will not fight. They are incapable of fighting. They will lie and cheat their way to power and corrupt the authorities of the government to enact their bidding.
The dem. henchmen don’t count.
This bill has no chance of passing as Florida has Republican majorities in both houses and a Republican Governor.
However, Florida just allowed felons to vote.
If this were placed on a ballot initiative, they would certainly vote for it.
Felons are for gun control…can’t have the victims bearing arms!
Elections have consequences.
Yes they do, and as commented on above, these things end up on ballot initiatives, get passed and enacted. Ask the folks in WA how that works.