"Purchasett means the payment of a deposit, payment in full, or notification of intent to purchase.

Transcription

1 0582R BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NUMBER 361 AN ORDINANCE AMENDING CHAPTER 14 1/2, FIREARMS AND WEAPONS, OF THE CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, FLORIDA, BY DELETING CHAPTER 14 1/2 WHICH HAS BEEN REPLACED BY STATE STATUTE IN ITS ENTIRETY AND PROVIDING FOR A COOLING-OFF PERIOD OF THREE (3) WORKING DAYS BETWEEN PURCHASE AND DELIVERY OF HANDGUNS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR INSPECTION OF RECORDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PENALTIES AND PROVIDING FOR CODIFICATION. WHEREAS, the Code of Laws and the Florida Legislature enacted the "Joe Carlucci Uniform Firearms Act," section , Florida Statutes, preempting the entire field of regulation of firearms and ammunition; and, WHEREAS, the Florida Legislature, has declared all existing County Ordinances that regulate firearms null and void; and, WHEREAS, The Florida Legislature has created a limited exception to section , authorizing a County to adopt a Cooling-off Period Ordinance, requiring a cooling-off period of up to three (3) working days between the purchase and delivery of a handgun; and, WHEREAS, the Board of County Commissioners of Martin County has determined that, for the protection of the health, safety and general welfare of the citizens of Martin County, a cooling off period of three (3) working days should be established; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: Chapter 14 1/2 of the Martin County Code of Laws and Ordinances entitled Firearms and Weapons is hereby deleted in its entirety and replaced with the following: PART I PART I1 SHORT TITLE This Ordinance shall be known and maybe cited as the "Martin County Cooling-off Period Ordinance." DEFINITIONS As used in this chapter, unless the context otherwise indicates: (a) "Purchasett means the payment of a deposit, payment in full, or notification of intent to purchase.

2 (b) "Retail Establishmenttt means gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store that offers handguns for walk-in retail sale, but does not include gun collector shows or exhibits, or gun shows. (c) Working Dayv means any day, excluding Saturday, Sunday and legal holidays as defined in Florida Statutes, Chapter 683. PART 111 COOLING-OFF PERIOD BETWEEN PURCHASE AND DELIVERY OF HANDGUNS A waiting period of three (3) working days measured from the time of purchase of a handgun must expire before delivery of the handgun is made to an individual by a retail establishment selling said handgun. This Ordinance shall apply to all sales of handguns to individuals by a retail establishment except as specifically exempted herein. PART IV EXEMPTIONS The provisions of this section shall not apply to: (a) Individuals who are licensed to carry concealed firearms under the provisions of section , Florida Statute, who are licensed to carry concealed firearms under any other provision of State law and who show a valid license. (b) Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in. (c) Any law enforcement or correctional officer as defined in Section (d) Any law enforcement agency as defined in Section (e) Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses. $ffddy through passages are deleted; underlined passages are added

3 (f) Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement. PART V INSPECTION OF RECORDS Records of handgun sales by retail establishments shall be available for inspection, during normal business hours, by any law enforcement agency as defined in Section , Florida Statute. PART VI CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART VI I SEVERABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART VIII APPLICABILITY OF ORDINANCE This ordinance shall be applicable throughout Martin County's jurisdiction. PART IX FILING WITH DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida PART X FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS The County Attorney shall send by certified mail a certified copy of this ordinance to Treasure Coast Region Planner/DRI Section, Department of Community Affairs, 2571 Executive Center Circle, East, Tallahassee, Florida, $$!fddy through passages are deleted; underlined passages are added

4 PART XI EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. PART XI1 PENALTIES Violation of this ordinance is a misdemeanor pursuant to Section , FLORIDA STATUTES, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to $500.00, or both such imprisonment and fine. PART XI11 CODIFICATION Provisions of this ordinance shall be incorporated in the County Code and the word "ordinanceh may be changed to "articlev or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts VI to XI11 shall not be codified. DULY PASSED AND ADOPTED THIS 28th day of m c h, ATTEST : BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY. FLORIDA K A. WACHA, CHAIRMAN APPROVED AS TO FORM AND I! COUNTY ATTORNEY $ffdly through passages are deleted; underlined passages are added

5 FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DlVlSION OF ELECTIONS Room 1802, The Capitol Tallahassee, Flor~da (904) April 6, 1989 Honorable Marsha Stiller Clerk of the Circuit Court Martin County Courthouse Post Office Box 9016 Stuart, Florida ~ttention: Elsie R. Hutton, Deputy Clerk \ I Dear Ms. Stiller: Pursuant to the provisions of Section , Florida Statutes, this will acknowledge: 1. Receipt of letter/s of Envelopes mailed April 3, 1989 and certified copy/ies of Mart in County Ordinance(s) #360 and #361, which we have numbered 89-4 and Receipt of Martin (#360) County Ordinance(s) to: Amend. Ch. 23, Art. VII, Development Procedures (a) Master Plan Approvals, Planned Unit Developments, etc. which we have numbered 89-4 n v (b) (U361) to delete Ch. 14% Firearms $ Weapons; providing for cooling-of f period. which ' we have numbered We have filed this/these ordinances in this office on April 6, (11:40 am) 4. The original/duplicate copy/ies showing the filing date is /are being re turned for your records. - Bureau of Administrative Code

6 ' The Stuart News P.O. BOX STUART. FLORIDA &bbllhedor tkstrrort h, Apd 18, IBIS STUART MARTINCOUNTY FlBRIDA STATE OF rnrida COUNTY OF MARTIN Bsfore tbe undmigd authority Dennis D. Harmon r whoon oath nyr that heir contmer of Tbs Shvrt Newr, r daily m w p u U Not ce o Intent ounty Ordinance Amending Chapter at Stuart in ~ Caun$'Floridm.h.ttherttachedc~~yofd~t,~~ ~PPP.~Y.D( Plre:rma and Wespons.... in tbe tbe ivu- of March 6, 1989 burk wu published in raid mmpaper in A SCRIPPS HOWARD NEWSPAPER DINANCE AMENDIN0 14% FIREARMS AND OI THE CODE Of ORDINANCES OF NR, florida, BY