Florida Democrat Files Universal Background Check Bill, Would Outlaw Private Transfers

florida universal background check

Courtesy Florida House of Representatives

Florida Democrat state representative Margaret Good has filed House Bill 135, the latest gun control bill to be introduced in the Sunshine State. In some respects it’s your typical universal background check bill that would outlaw all private transfers of firearms and require that sellers and buyers use a federally licensed dealer as the middle man to perform a background check.

Under current law, if a child is 16 but below 18, they can legally possess a firearm in their residence with a parent’s approval. The proposed UBC bill would scrap that. No one under 18 could be loaned a firearm unless it’s “for lawful hunting or sporting purposes or for any other 99 lawful recreational activity.”

The only uncontrolled legal transfer between two people allowed under the bill would be lending someone a gun “solely for the purpose of shooting at targets, if the loan occurs on the premises of a sport shooting range, and the firearm is at all times kept within the premises of the sport shooting range” or to someone at least 18 years old who is “using the firearm for lawful hunting or sporting purposes or for any other lawful recreational activity” and remains under the direct supervision of the owner.

HB135 piles onto the restrictions signed into law after Parkland by Governor Rick Scott. Under current law, anyone under the age of 21 cannot legally purchase a firearm through a dealer or private sale. But they can be legally gifted a firearm from a parent. So little Johnny or Suzy who’s going off to college can still legally have a long gun for sport or self defense so long as it was a gift from a parent or guardian.

HB135, however, requires a background check for all firearm transfers outside of a shooting range or hunting event. So if little Johnny or Suzy wants that shotgun that Grandpa left for them when they turn 18, they’re SOL. That transfer would have to go through a dealer and the dealer can’t transfer a firearm to someone under the age of 21.

Then there’s this. Background checks aren’t required if the owner is giving his gun(s) to…

An adult family member of the lawful owner of the firearm if the owner resides with the family member but is not currently present in the residence, provided that the family member does not maintain control over the firearm for more than 14 consecutive days.

What does that mean? It means that if you’re planning a trip you can legally leave any guns you’re not taking with you at home, with an adult family member. But you can’t be gone for more than 14 days.

Planning a three-week driving trip around the country? Is your job sending you to New York for a month for training? Are you in the military and being deployed for six months?

Then you’d have to have all of your firearms transferred through an FFL, even if you’re leaving them with an adult family member. Even if they live in your home.

What are the chances of this bill moving through the legislature? Well, Senate President Bill Galvano (R) took $200k from Michael Bloomberg and authored last session’s gun control bill. He’ll probably support HB135. So will Jose Oliva (R), the current House Speaker who not only voted in favor of the SB7026 when it passed in March, he even gave it a standing ovation.

Rep. Jose Oliva applauding the passage of SB7026 – Courtesy Miami Herald

So the chances are pretty good this bill would be steered by the House Speaker into a favorable committee or two and passed with at least some Republican support. I’d except the Senate to do the same. The question then becomes whether incoming Governor Ron DeSantis — who campaigned on a pro-gun platform — will veto the bill. And then whether the legislature will have enough votes to override him.

Keep your eye on this one.

comments

  1. avatar GunnyGene says:

    Require this, authorize that, get permission, pay this, process that, yadayada.

    KMA.

    1. avatar Big Sky says:

      So let me get this straight. I would need to visit all my buried weapons caches in the woods at least once every two weeks? That’s like three a day!

    2. avatar arc says:

      Demanding background checks for privately owned guns is an exercise in futility unless you know who has what. Registration coming soon.

      1. avatar GunnyGene says:

        Unless they already know who has what, how will Registration be enforced? Yeah, I know that if you bought something retail, it’s in the systems. But we’re talking about private transfers.

        1. avatar arc says:

          Who said I haven’t already sold anything retail?

    3. avatar frank speak says:

      ….and to what end?….are we talking about criminals or law-abiding citizens here?…and do they really know the difference?…or even care?……

  2. avatar Ansel Hazen says:

    State Militias. Their time of need has come again.

    #NotOneMoreInch

    1. avatar CZJay says:

      American men have to lose all the fat first…

      Get rid of beer and fast food? Oh, hell no! Just call up the NRA and give them some money or make a Youtube video in your man cave.

      1. avatar CZ Rider says:

        ^This guy gets it. Given the reaction I’ve seen to Newtown and SB 7026, you’ll see a great populist uprising to try and cash in before the law hits and very little else. I actually contacted one of the guys selling a bump fire stock on Armslist just to see how he reacted when I mentioned that possession was going to be a felony in a few months, and got a big stammering explanation about how they aren’t responsible for what you do with it and you can always keep it in Georgia (4-5 hour drive from where he was selling it, mind you) and so on.

        That and the guy I heard openly bragging about getting his wife out of bed at 3AM to go buy two more boxes of 9mm at Walmart (while standing at the ammo counter at a different Walmart coordinating his purchases with someone on the phone) during the ammo panic told me everything I needed to know about the convictions and motives of the average gun owner in this state. In the face of massive importation of mindless antis, most of them seem content to try and make a quick buck before we all ride the “I got mine” train right off the track.

        1. avatar Broke_It says:

          Your methodology for average gun owner in your area seems somewhat skewed based on observations of a few assholes. I don’t go assuming everyone is also making quiet plans with like minded people based on my few observations. The true nature of the issue is somewhere beyond what a single individual can observe.

    2. avatar Matt in flordy says:

      State Militia… Lol
      The militia here in Florida in my area is full of mall ninjas, morbidly obese lark riders, and dudes that paint “punisher skulls” all over their guns… Look it up on YouTube….

  3. avatar tmm says:

    If we have to ask permission, it’s not a right. That is to say, we are being denied a right.

  4. avatar Tim says:

    They propose this garbage knowing full-well it’ll never get signed.

    Nothing but point scoring.

  5. avatar BiggyMoth says:

    Rust never sleeps. They call themselves progressives for a reason.

    1. avatar CZ Rider says:

      I suddenly feel like I should start learning Portuguese just in case…

      1. avatar CZJay says:

        You got some time before it’s clean enough to make the move. That is if you are not the kind of guy who wants to go to South Africa to be a cop. When you get there don’t be surprised by all the fake boobs, fake butts and the drug produced bodies.

        1. avatar Flying Fish says:

          WTF, are you talking about South Africa or South Beach?

  6. avatar CZJay says:

    How about we talk about the released report for Parkland before we go passing more infringements on American’s rights? Wait, let’s not talk about that because it makes the adults and law enforcement look extremely bad.

    What’s the point of having rules/laws or government workers when no one wants to do their jobs? Like when a law enforcement officer doesn’t want to be considered a civilian and wants/gets military type gear for his policing duties yet doesn’t want to be treated or perform like military personnel, instead he wants to enforce laws when he feels it’s safe enough for him and when he chooses not to perform his duty he doesn’t want to be held liable/responsible for his actions or inactions.

    Let’s just punish all the other Americans for the failures of their leaders. That’s what a moral and justice society does, right?

    1. avatar CZ Rider says:

      See, the thing is that you think it’s about justice or morality or law. It’s not. It’s about virtue-signaling and getting those “doing something” feelz for the rank-and-file, and about consolidating and increasing political power for our “elected leaders”. Politicians make all kinds of grand promises and proclamations of they good they’ll do if we only give them power, voters go pull the lever to give them that power so they can “do something” without having to actually do anything, and all those lofty promises get abandoned in favor of weasel-worded laws that sacrifice our freedoms on the altar of “feeling safe”. Whether or not they had any effect is irrelevant, because people “did something” and you can’t take away their good feelz by pointing out that it didn’t work. Whether or not the politician did anything even remotely resembling what they said they’d do is irrelevant because people “did something” by voting for them and you can’t take away their good feelz.

      And you know what? To hell with this “leaders” idea. Worst linguistic sleight-of-hand ever. I vote for civil servants and representatives, not leaders, and I think we might just get better societal results if we could only get that concept through to the rest of the voting public too…

    2. avatar Flying Fish says:

      Could not have said it better.

  7. avatar jwm says:

    Welcome to CA. Don’t like it? Just move.

    1. avatar CZJay says:

      There isn’t much places left to move to. We can always run to Alaska. I heard the NRA has a secret underground compound for all of us.

    2. avatar Pg2 says:

      Exactly. That was the canned response from countless assholes on this forum when they thought their state was “free”.

  8. avatar James A. "Jim" Farmer says:

    I haven’t seen a depraved Democrat or RINO: Republican In Name Only, who wasn’t
    deceitful crooked immoral treasonous and socialist! When are the voters going to
    start pulling their heads out of their collective asses and stop re-electing these
    repeat offenders and scum back into Congress and our state legislatures?

    1. avatar ColoradoKid says:

      Who do you propose we vote for then? We’re running out of voteable options. ALL Dem and Rep politicians are crooked and deceitful and will say anything to get elected/re-elected! There’s the Libertarian party, but most gun people look at them as a joke and believe they will never win anything, even though they are the best option for us.

      1. avatar James A. "Jim" Farmer says:

        I endorse the Constitution Party of Oregon at http://www.constitutionpartyoregon.net. I don’t
        know what the affiliate of this is in Florida? It may be called an Independent Party. I
        get disgusted and turned off by the parroted ignorance and pat lies such as “voting
        for a third party” or “voting for a third party candidate is throwing your vote away.” Why
        do people parrot such deceitful vile ignorance? Can’t they dare “think outside the box”
        or likewise “think for themselves?” Oh perhaps the national meth type addiction to football, sports, and athletics takes priority over voter educations, civic responsibility, and holding elected politicians to our state legislatures and Congress accountable. There does exist the “Dumbing Down Of America” courtesy of Charlotte Iserbyt at You Tube. Also, “Grinding America Down” by Curtis Bowers also posted at You Tube. I place
        much of the blame on our government controlled socialist public schools, colleges, universities, and academia; they collectively stand indicted and guilty! And of course
        the establishment news media who walk in lockstep with the former. Fortunately an
        alternative to this organized deceit exists. On the net:

        The Roseburg Beacon at [email protected]
        News With Views at …….www.newswithviews.com.
        (Be sure to read Devvy Kidd, Dave Daubenmire, and Chuck Baldwin’s commenaries).
        The New American at http://www.thenewamerican.com
        JPFO, Inc. …………..at http://www.jpfo.org.

        Honest credible sources, such as those I have listed above, do exist. Now it’s time for
        the masses to embrace this, if they choose to do so. If not, the blood is on their heads!

    2. avatar CZ Rider says:

      In Florida, we have top Republican donors loudly proclaiming that they won’t give a penny to anyone who doesn’t support gun control, and TTAG did a story on the Senate president taking $200,000 from Bloomberg. The average voter has little to no say in who gets put up by each party, and is bullied by all sides to just keep pulling the lever. Lesser of two evils, at least it’s not D, sorry your girl lost, whatever. Just pull the lever and don’t ask who put it there or why.

    3. avatar Toni says:

      only way i can see to slow some of that is to make it where large amounts of money is not needed to run. Unfortunately that would also requite a shift in consciousness of the voting public many of whom perceive wealth as being a prerequisite to being able to manage a govt office. Unfortunately many who have the drive to accumulate wealth and also end up running for govt office also have a lust for power that does not bode well for the voting public. So the question then becomes how to stop them trying to push unconstitutional laws. Make it a hanging offense and forced repayment of any moneys gained while in office for the drafters of any law that is even slightly unconstitutional or removes peoples natural human rights in any way shape or form?

  9. avatar Nanashi says:

    I’m sending the new, not shit, governor a letter when he takes office asking him to veto EVERYTHING till the legislature votes on e-verify and constitutional carry.

  10. avatar rt66paul says:

    E-verify is a 2 sided sword. While it checks that employers make sure that their employees are legal, it is also putting everyone on a list so the government knows even more about you.

    It isn’t going to stop people from hiring day labor, they will just pay cash, like your gardener or house cleaning lady.

    All of these choices do not fix the problem, they are there to give the government more power.

    Put the business owners in jail when it is found out they hired illegals, tax them the full cost they paid to illegal employees and use that to fund welfare for legals. Hit the employers where it hurts, go after the stockholders of the corporations, jail the CEOs is the only way to stop this.

    1. avatar possum the red nose delete says:

      Damn straight, . No jobs for illegals, fine those who employ them , forget a wall. “We’re going to become competitive in the world market” ????? Chinese work for what? .35 cents a day. “MAGA” ,,,,hire illegal immigrants at .15 cents a day. And no, green card holders do not pay Federal tax on their income, State yes. Not Federal. And where do the “Powers That Be” think this money come from when America is another third world country. Perhaps they do not care, they got Theirs when the getting was good

  11. avatar GS650G says:

    So much for the gunshine state label. NY and NJ will copy this rule in due time. A large portion of Florida hails from those states so it’s a natural.
    Enforcement of these statutes is only a thing when something happens. The DA can use these laws to pile on more charges and force a deal.
    Best not let peoplem in Florida know what guns you have or if you are going out of town. Don’t let anyone borrow your tools either.
    Might be best not to live there.

  12. avatar TyrannyOfEvilMen says:

    Oh no! Floridian MS 13 gang members are shakin’ in their boots, homie! 🤣

  13. avatar possum the red nose delete says:

    “What does this mean” well it means a bunch of sht, but it’s all about the money. No private firearms sales without UBC, now the gov knows you sold x at x$ and they want their portion of that tax revenue. Hey Capone, you can get away with,,,,, but not tax evasion.

  14. avatar Jay in Floriduh says:

    Not many here will give a crap about a law like this one.
    If I want to give a gun to someone or sell it to whomever I wish too. I will.
    It seems that with the influx of North Easterners this state has gone to shit.
    Make me a criminal. See if I care.

    1. avatar frank speak.... says:

      “making you a criminal” is actually part of their end-game….

      1. avatar Jay in Floriduh says:

        Shes a rookie newbie. Transplant from Georgia. Must “feel” she has to do something?? Or more likely under orders from Pelosi.
        3 hotts N a cot here I come…………………….

  15. avatar Ronald Wright says:

    Same ignorance in Missouri by Sen Jill Schupp! This rummie pre-filed 4/5 anti-gun bills against LEGAL GUN OWNERS. She doesn’t want to BLAME THE CRIMINAL, she wants to try and turn us into a CRIMINAL.. Her comment after Parkland, “We have to do something!”.. She doesn’t know WHAT to do so I suggested a MANDATORY DEATH PENALTY for using a firearm ILLEGALLY to kill another person; her response, ” I don’t believe in the death penalty”!! Bottom line; DumboRats really don’t want to stop the problem of CRIMINALS USING FIREARMS to kill others!! Thank heaven this is her last term in office..

  16. avatar Chris T in KY says:

    You can either vote for “free stuff”, or you can vote for guns. It’s that simple.

    I’m sure this Democrat would just love to give you “free stuff”.

  17. avatar sparkyinWI says:

    Maybe FL and its politicians should make cowardly actions and non-actions by LE illegal instead.

    Maybe they ought to read this: http://projects.sun-sentinel.com/2018/sfl-parkland-school-shooting-critical-moments/?fbclid=IwAR3_6sm3TyuyCw1xC_XCYI0218Vd26UaZactIJN9nH_tV3Nb1t32DIA3IEA

    And then maybe address the true problems here. I know I am dreaming and there is no chance of that happening as it is common sense.

  18. avatar Sora says:

    Don’t WAIT until it reaches to the governor’s desk.
    Start EMAIL or write post cards to the law makers, NOW.
    Cost you $0.50 stamp and a piece of paper.

  19. avatar m. says:

    put that s**t where the moon does not shine, legislate-whores of any gender

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