So I’ve been trying to find some answers but haven’t really got anywhere. I’m a LEO and therefore I don’t exactly need my CCW under the terms of LEOSA. While at my FFL dealer the other day to purchase a lower receiver, he advised me I no longer had to wait the three days (with no CCW and even with LEOSA, the three day waiting period is/was still in affect) to go home with the receiver. He said it was passed in SB 7026 but I can’t find the verbiage anywhere. Maybe someone can help me out? Link to the bill is posted below.

Florida SB 7026

105 pages.

Way past my attention span.

I can't keep track.

If you're on Facebook, join the Florida Carry group. The admins there KNOW the law. I can get you approved quick if they're slow.

Also, join the group itself. They are the ones fighting for rights, it ain't the NRA.

Florida Carry

If I understand the changes to the new law and if the dealer let you take the lower home, without the 3 day wait, I think he committed a felony.

Somebody please correct me if I am wrong.

I believe this is what you are looking for.

790.065 and 790.0655

IIRC the new law became effective immediately upon the Governors signature.

It prohibited sale of all firearms to persons under 21 and added the three day waiting period to all firearms (in addition to handguns) with some exceptions.

Since an AR stripped lower receiver is not a long gun (rifle or shotgun) and you don't have your licence, and the LEO exemption does not apply then you are going to wait.

The law of unintended consequences.  These things happen when knee jerk legislation is passed as feel good, we have to do something, actions during emotional times.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.0655.html

Page 25 is where they spell it out in “legalese” but the more I read it the more my head hurts hah.

You are exempt from the 3 day wait if:

If you have a CWP
You trade in a gun
If you are LE, corrections ofc or Military
If you have had hunter ed and a current hunting license

This is the screen cap from the FDLE NICS check when I enter your demographic info.

I could be wrong and there might be a exemption in another statute,  but according to 790.0655:

The LEO CO exemption only applies to rifles and shotguns.
The Hunter Safety exemption only applies to rifles and shotguns.

A stripped lower is not a rifle or shotgun.

I know this is new to all of us, can someone explain what I am missing?????

790.0665...

(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 permit as defined in 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:

And this applies to handguns as well as rifles or shotguns?

Thats why I posted this, still trying to figure it out haha

Notwithstanding the FDLE web page...

I think your dealer is a felon, if he let you take home a AR variant lower without a waiting period.

That's my interpretation and I'm sticking with it until someone post a statute that is on point or an explanation of why 790.0665 does not apply.

Here's the current chart from the Fl Dealer Manual:


Definition of a firearm from the manual:
Firearm  Any weapon (including a starting gun) which will, or is designed to, or may readily be converted to expel a projectile by the action of an explosive. This includes all handguns, rifles, and shotguns. The term firearm does not include "antique firearms."

So a lower receiver meets the firearm definition since it can be readily converted. But it is an Other as defined by BATF so it it neither a Handgun or Long Gun nor is it a Pistol Gripped Shotgun which is also an "Other" Being that BATF treats "Other" classified firearms the same as handgun in regards to age 21 and residency required in the state in which the transfer takes place, the 3 day wait would apply to lower receivers with the exemptions provided for Handguns according to the posted chart. LE can get their CWP free so there is no reason not to.

So, I'm curious,  If the FFL were to select the "LEO exemption" on the FDLE web page, is there a separate page that requires you to enter handgun, long gun, or other and would it then challenge you/remind you to wait before delivering a handgun or other?

It's a single web page. There is a drop down for handgun, long gun, other and every combination of the three plus the same for pawn. I'll do a screen cap since most folks don't get to see the dealer side.

This is the login screen for dealers


This is the screen for entering your info from the 4473



This is the drop down for the firearm type(s), there are a few more for pawn as you scroll down the menu.



The exception for the waiting period selections:



Once you hit submit it takes you back to the main menu which isn't pictured, you then select the Submissions menu tab which brings you to this screen. Sometimes you get an approval in seconds as you can see from the submitted date/last updated. Sometimes it takes a while as you can see from the second submission. The transferee's name only remain for 3 days, after that it is purged from the system and all that remains is the NICS control number which gets written on the 4473. It's also the number BATF uses when they show up for a compliance check and want to see 4473 forms for those submissions. User ID is just my FDLE dealer number and Queue No. is just your number in line with all the other dealers waiting. I guess if you have multiple submissions pending approval it tells you where each are in line. It's nothing that has had relevance to me. And that's pretty much it. Once a month I get a bill from FDLE that lists the Approval Code & Date and the $5 charge for each submission. No other info is available. I don't know if the system checks the firearm type against the entered birthdate. Not something I'd like to try and have it go thru as an error if it doesn't.

Thanks for the graphics, I had never seen them before.

I don't think we answered the question... is it up to the FFL to know the rules for the different exemptions?  Will the system provide a warning as to a required wait.

In other words, if you enter a LEO exemption on a "handgun" does the system remind you that there is a wait?

No. It's up to the dealer to know if there is a wait. That's why they publish the chart I posted. It's up to the dealer to know what day the transferee can pick up the firearm as well. It's not a 3 day 72 hour wait, it's actually a 5+ day wait. The day you buy it and the day you pick it up don't count, nor do weekends or holidays. There's a chart for that as well. It would be nice if the website software were designed to determine all that for dealers but it doesn't, it's simply an extension of the call-in process. Far easier tho than having to spell names etc to the person on the other end of the phone and to stand there with the phone in your ear. To make matters more complicated, another letter just came out regarding pawn transactions and facilitating private transfers and having
to use the FBI NICS system instead of
the FDLE system in certain circumstances.

OK, now I understand how the FFL in the OP let the LEO take home an "other" without a wait.

And again, thanks for all the good info.

CS223 - thanks for all your info man. really appreciate it.

Start reading at line 710.

I guess I am missing your point.

What am I looking for?

How do violent criminals keep track of all this?

oh, wait

This makes my brain hurt. Good info.