Weapons Three-day Waiting Period – Melbourne Mall Shooter

June 9, 2016

Melbourne Mall ShooterThe Melbourne Mall Shooter did wait the required period as specified in Florida Statute § 790.0655 for his firearm purchase at the Palm Bay Gun Show.

The Melbourne Mall Shooter waited the required period, FDLE delayed the decision.

Florida Statue 790.0655, as alleged in paragraphs 74, 81(a)-(b), 86, and 91(a)-(b), as is indicated in the relevant Form 4473, which was certified by PAWN, Shooter initially sought to purchase the Subject Gun on December 14, 2014 at the Palm Bay Gun Show.

When filling out a Form 4473, the seller must request that a criminal background check be performed on the buyer. The results of that check must be documented on the Form 4473 by the seller. On December 14, 2014, Shooter’s information was transmitted to FDLE for approval. Due to the 3-day waiting period under Florida Law, the decision from FDLE was “delayed” and the Subject Gun was not transferred on that date. The delay resulted in a “conditional non-approval”. FDLE gave Defendants a date of December 17, 2014 as the date upon which the Subject Gun could be transferred to Shooter. On December 19, 2015, two days after the date provided by FDLE and five days after Shooter initially sought to purchase the Subject Gun and outside of the waiting period required by Florida Statute § 790.0655(1)(a), Shooter went to Defendants’ store to have the Subject Gun transferred. On that date, Defendants had not received a response from FDLE so Defendants contacted FDLE to inquire into the status of Shooter’s approval pursuant to Florida Rule of Judicial Administration 11C-6.009-1(6). As indicated in the Form 4473, no resolution was provided within the 3-business days. Consistent with Florida Rule of Judicial Administration 11C-6.009-1(6), at the termination of the time 3-day waiting period, since no determination was made by FDLE regarding Shooter’s approval, the conditional non-approval number became a conditional approval number. Pursuant to F.S. 790.065(c)(7), FDLE was to continue to attempt to determine shooters eligibility to purchase the Subject Gun, which it did, however due to the conditional approval on December 19, 2015, the Subject Gun was lawfully transferred to Shooter.

Interpretive use of Florida Statute § 790.0655 as it pertains to mandatory background checks when a purchase of a fire arm is to take place. Under Florida Law, a vendor, such as a Pawn shop, must request of a potential purchaser of a firearm, to fill out requisite documentation so that a criminal background check can be performed. This criminal background check is typically effectuated using Form 4473. As is indicated in the relevant Form 4473, which is typically certified by the seller of the firearm, the buyer of the firearm (“Shooter”) initially sought to purchase the Subject Gun on December 14, 2014 at the Palm Bay Gun Show. When filling out a Form 4473, the seller must request that a criminal background check be performed on the buyer. The results of that check must be documented on the Form 4473 by the seller. On December 14, 2014, Shooter’s information was transmitted to FDLE for approval. Due to the 3-day waiting period under Florida Law, the decision from FDLE was “delayed” and the Subject Gun was not transferred on that date. The delay resulted in a “conditional non-approval”. FDLE gave Defendants a date of December 17, 2014 as the date upon which the Subject Gun could be transferred to Shooter. On December 19, 2015, two days after the date provided by FDLE and five days after Shooter initially sought to purchase the Subject Gun and outside of the waiting period required by Florida Statute § 790.0655(1)(a), Shooter went to Defendants’ store to have the Subject Gun transferred. On that date, Defendants had not received a response from FDLE so Defendants contacted FDLE to inquire into the status of Shooter’s approval pursuant to Florida Rule of Judicial Administration 11C-6.009-1(6). As indicated in the Form 4473, no resolution was provided within the 3-business days. Consistent with Florida Rule of Judicial Administration 11C-6.009-1(6), at the termination of the time 3-day waiting period, since no determination was made by FDLE regarding Shooter’s approval, the conditional non-approval number became a conditional approval number. Pursuant to F.S. 790.065(c)(7), FDLE was to continue to attempt to determine shooters eligibility to purchase the Subject Gun, which it did, however due to the conditional approval on December 19, 2015, the Subject Gun was lawfully transferred to Shooter.

FACTS

As a result of the above, there are no facts to support the claim that the store did not wait the mandatory 3-day period or otherwise violate any relevant laws prior to, or in conjunction with the transfer of the Subject Gun. The result of the interpretation of the above law led to no liability against the seller of the fire arm and thereby also cleared of the allegations.

More Information: Melbourne Legal Team can help you
Attorney: Maurice Arcadier
Status: Answered
Date Filed: 06/09/16

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