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Lawmakers File Bill to Require Background Checks on All Gun Buys, Closing Loophole

| March 7, 2013

Loophole bazaar. (Brittany Randolph)

Loophole bazaar. (Brittany Randolph)

Background checks of purchasers would be required on all gun sales in Florida under a bill two Democratic lawmakers have filed in an effort to close the so-called “gun show loophole.”

Rep. Lori Berman said Wednesday that about 40 percent of gun sales are at gun shows or done on the Internet, allowing the buyer to complete the purchase without going through any background screening as would be required at a storefront gun dealership.

“We support the right of people to have guns, but we don’t believe that you should be able to sell or transfer your gun without making sure that the person who is purchasing the gun is legally entitled to,” said Berman, D-Lantana.

Measures aimed at tightening restrictions on gun sales or use haven’t typically been successful in the Legislature. The measure will be opposed by the National Rifle Association.

“This is supposed to be a free country, and law-abiding people are not supposed to be encumbered by every imaginable kind of restriction that a legislator who doesn’t like guns makes up,” said Marion Hammer, the lobbyist for the NRA affiliate in Florida.
Hammer said the proposal has another problem – because in cases where the buyer fails a background check, if the gun can’t be returned to the seller, the dealer must turn it over to a sheriff. She called that “confiscation with no compensation.”

The bills (HB 1343, SB 1640) would ban the sale of guns to convicts, fugitives, veterans who were dishonorably discharged, and people addicted to drugs or committed to mental institutions. One party in all gun sales would have to be a licensed dealer under the measure.

The Senate version of the measure is sponsored by Sen. Maria Sachs, D-Delray Beach.

It’s not the only bill filed in the Legislature that would create additional requirements related to gun use. Democratic Sen. Audrey Gibson of Jacksonville filed a bill (SB 1678) earlier this month that would require anyone wanting to buy ammunition to have gone through an anger management course.

The bill would make it a misdemeanor to sell ammo to anyone who hasn’t successfully completed a two-hour class on anger management techniques. In an interview, Gibson cited the shooting death of an unarmed Jacksonville teenager in a recent fight over loud music as an example of the need for the proposal.

She acknowledged that the bill itself is making some people angry.

“If you’re angry about taking a two-hour anger management class, maybe you might want to take it,” Gibson said.

The House version of that legislation (HB 1229) is sponsored by House Democratic Leader Perry Thurston of Plantation.

–Margie Menzel, News Service of Florida

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12 Responses for “Lawmakers File Bill to Require Background Checks on All Gun Buys, Closing Loophole”

  1. L.D. Ablo says:

    Anger management courses to purchase ammo? BOY, DOES THAT PISS ME OFF.

  2. Mel Bronson says:

    The constitution specifically states ”
    being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

    The constitution states NOT TO BE INFRINGED. The founding fathers knew well of the danger of the ever creeping and controlling federal government and stipulated such protection against it.

    Of course, the politicians want to appear to be timely and flood the government with NON constitutional bills. This is nothing but a kabuki show the politicians are putting on to B.S. and manipulate the public while they make more moves to remove guaranteed freedoms and liberties.

    Remember, Hitler, Mao Tse Tong, Stalin, Idi Amin, Hugo Chavez, and Castro all disarmed their public so that there was nothing in the way of their tyranny and dictatorships. And don’t think it isn’t happening here already.
    The federal government and obama depend on YOUR IGNORANCE and STUPIDITY.

  3. Karma says:

    Will the same democrats please sponsor a bill requiring a background checks for all people buying a used car from a private citizen. Who knows if they even have a license to drive the car you sell them? Maybe all dealerships should have to run a DMV background check for all prospective buyers. Do you want a repeat offender of speeding having a 180 mph Corvette on the same roads as your CHILDREN. (OMG) Maybe outlaw the car itself from the Florida roadways. Is there any roads in FL with a speed limit over 70 MPH? Why do we need cars that go that fast?

  4. Dennis says:

    Yeah, Absolutley, anger management course for anyone wishing to buy ammo. NOT! What the hell is that suppose to accomplish.

    How about a bill to order Sen. Gibson to have a head examination. We’ll let you buy a gun, but you have to attend anger management before you can buy ammo for it!

    Remember there is no such thing as gun control. It’s all about people control.

  5. Lin says:

    Agree with the Dems on this one.
    It doesn’t say no guns, just a background check. No reason purchasers can’t go to a gun show and peruse the merchandise and then collect the purchase after the background check is done.

    Yikes, anger management classes, ridiculous

    • John says:

      Look…comments about “gun show loop hole” are made by people who do not know the law or people who are lying in order to further their own nefarious agendas. (Or they could be just completely clueless!) Purchasing a firearm at a gun show is no different than buying one outside of a gun show. Background checks are done either way when purchase is made from a dealer. Herman, Gibson and Sachs are clueless and do not know the law. How did they even get elected? Well they won’t be elected again!

  6. Anonymous says:

    The only problem I see with “background” checks is are they keept in some data base if so then I got a problem. if they are done and then not keept so NO one can see it then all is good with me.

  7. Stevie says:

    How is this law going to stop criminals from buying or stealing guns and then go out and kill who ever they want? If someone is in fear of their life and needs a gun to defend themselves because of a chronic problem, what are they supposed to do???? Wait three days???? Do you think the person who is threatening them will wait??? When are people going to deal with reality.

    Cops all over the country are telling us we are on our own because they can’t get to all the calls.

    • Lin says:

      This won’t stop criminals from getting a gun. BUT if they break down my door in a home invasion I want to have the means to deal with them. Cops can’t get to all the calls, but I can protect myself. I have a constitutional right to own a gun — but I don’t know that I need one today.

      And I’d like to prevent dishonorably discharged, known psychos andknown criminals from legally obtaining guns so that if they are caught with a firearm the police will have the legal support to arrest them that’s why I think the background checks are a good idea,

  8. Karma says:

    @ Stevie
    Listen to some of the advise police give when waiting for them to arrive. Even Joe Biden has some advise. Bad advise at that.

  9. Sgt Saber says:

    Something we all need to pay attention too ………. maybe our representatives need a history lesson.

    Types of Government – Republic vs. Democracy vs. Oligarchy , does anyone understand exactly what type of government our country was founded under. People please educate yourselves before we lose our country to socialism . Its happening in front of your eyes !!!!

  10. Karma says:

    Went to the Tampa gun show today. Every one there purchasing a firearm was seated and filling out the required paperwork. Obama is the best thing that ever happened to the firearm industry.The place was packed and prices were insane. One dealer said they sold over $40,000.00 worth of guns and ammo by noon(opened at 9am). People where using hand trucks to take out boxes of ammo to their car. This was by far the most people I have ever seen at a gun show. Every concealed weapons class was full also. CRAZY

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