It is the intent of this chapter to implement the constitutionally granted authority of the county to ensure that no firearm is sold, offered for sale, transferred or delivered where any part of the transaction is conducted on property to which the public has a right of access unless there is a waiting period of five full days and a criminal history records check of the potential purchaser is conducted. This chapter applies to both sellers and purchasers of firearms.

(Ord. No. 2018-18, § 1, 6-26-18)

For purposes of this chapter, the following terms shall be defined as:

Any part of the transaction means any part of the sales transaction, including but not limited to, the offer of sale, negotiations, the agreement to sell, the transfer of consideration, the transfer or delivery of the firearm, or the transfer of any ownership or possessory interest in the firearm.

Firearm means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm, as that term is defined in Section 790.001, Florida Statutes.

Property to which the public has the right of access means any real or personal property to which the public has a right of access, including property owned by either public entities or private individuals, firms and entities and expressly includes, but is not limited to, flea markets, gun shows and firearms exhibitions.

Sale means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access.

(Ord. No. 2018-18, § 1, 6-26-18)

Law enforcement officers shall enforce the provisions of this chapter against any person found violating this chapter within their jurisdiction.

(Ord. No. 2018-18, § 1, 6-26-18)

There shall be a mandatory five-day waiting period, which shall be five full days, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within the county. An uninterrupted, continuous, and cumulative aggregate of 120 hours must elapse between such sale and receipt of the firearm, excluding the hours of weekends and legal holidays.

(Ord. No. 2018-18, § 1, 6-26-18)

There shall be a criminal history records check conducted in connection with the sale of firearms occurring within the county. No person may transfer or receive a firearm when any part of the sale transaction is conducted on property to which the public has the right of access until all procedures and requirements of Section 790.065, Florida Statutes, have been complied with by a person statutorily authorized to request that a background information check on the purchaser be conducted by the Florida Department of Law Enforcement ("FDLE"), and such statutorily authorized person has received an approval number for the purchaser from FDLE and documented same, as provided by Section 790.065, Florida Statutes. In case of repeal or amendment of Section 790.065, Florida Statutes, no person shall transfer or receive a firearm by sale when any part of the sale transaction is conducted on property to which the public has a right of access until all procedures, requirements and prohibitions set forth in other federal or state laws relating to criminal history records checks have been complied with by persons selling or buying firearms.

(Ord. No. 2018-18, § 1, 6-26-18)

The requirements of this chapter do not apply if the purchaser in the sale of a firearm is a holder of a Florida concealed weapons or firearms permit or license issued pursuant to general law, or a currently certified law enforcement officer as defined under Florida Law. However, this exemption shall not relieve such purchasers from compliance with otherwise applicable state or federal law requirements.

(Ord. No. 2018-18, § 1, 6-26-18)

This chapter shall be effective in the incorporated as well as unincorporated areas of Alachua County.

(Ord. No. 2018-18, § 1, 6-26-18)

A seller or purchaser of a firearm who violates any provision of this chapter is guilty of a violation of a county ordinance, punishable as provided in Section 125.69, Florida Statutes, and the violation shall be prosecuted in the same manner as misdemeanors are prosecuted.

(Ord. No. 2018-18, § 1, 6-26-18)