A Possible End for Florida’s Gun Mandatory Waiting Period
Florida’s mandatory three-day waiting period may be coming to an end. Attorney General James Uthmeier sided with the National Rifle Association on a lawsuit claiming the state’s waiting period violates the Second Amendment. WGCU’s Elizabeth Andarge learns about the impact this decision could have on Southwest Florida gun owners. Then, we are joined by Justin Davis, Director of Public Affairs with the NRA, to better understand its argument to remove the waiting period from Florida’s Constitution.
Transcript
HELLO, I'M JENNIFER CRAWFORD. THANK YOU FOR JOINING US. FLORIDA'S MANDATORY THREE-DAY WAITING PERIOD FOR MOST GUN PURCHASES COULD BE COMING TO AN END. STATE ATTORNEY GENERAL JAMES UTHMEIER IS SIDING WITH THE NRA IN A FEDERAL LAWSUIT THAT LOOKS TO REMOVE THE MANDATE FROM THE FLORIDA CONSTITUTION. THE BUYER HAS ASKED FOR A FEDERAL JUDGE TO DECLARE THE LAW UNCONSTITUTIONAL, CLAIMING IT QUOTE, INFRINGES ON LAW ABIDING CITIZENS RIGHTS. WGCUS ELIZABETH ANDARGE REPORTS ON WHAT THIS COULD MEAN FOR GUN OWNERS IN FLORIDA. >> FLORIDA ATTORNEY GENERAL JAMES UTHMEIER IS SEEKING TO OVERTURN THE STATE'S MANDATORY THREE-DAY WAITING PERIOD FOR FIREARM PURCHASES. FLORIDA VOTERS FIRST APPROVED THE WAITING PERIOD THROUGH A CONSTITUTIONAL AMENDMENT IN 19, IN IT APPLIED ONLY TO HANDGUN SALES FOLLOWING THE 2018 MASS SHOOTING AT MARJORY STONEMAN DOUGLAS HIGH SCHOOL IN PARKLAND. LAWMAKERS EXPANDED THE REQUIREMENT TO COVER ALL FIREARMS. THE WAITING PERIOD EFFECTS AND BUYERS ACROSS THE STATE, INCLUDING THOSE HERE IN SOUTHWEST FLORIDA, THE JERRY'S FIREARMS IN FORT MYERS OWNER CHRISTOPHER ROLLO WELCOMES THE EFFORT TO REPEAL THE WAITING PERIOD. >> I WAS ECSTATIC. >> ULTIMATELY, I'M ALL FOR WHEN A LAW ABIDING CITIZENS GET THEIR RIGHTS BACK. SO IF THEY LEAVE IT AT THAT 3 HOLD THAT THAT'S A GOOD THING. I WOULD TELL THEM THAT. AND AGAIN, IT'S IT'S A PERSON'S CONSTITUTIONAL RIGHT TO OWN A FIREARM TO PROTECT THEMSELVES AS PART OF THE SECOND AMENDMENT. SO I BELIEVE THAT SOMEONE SHOULD HAVE TO WAIT IF THEY COME IN AND AGAIN, IT'S THEIR CONSTITUTIONAL RIGHT. THEY SHOULD BE ABLE TO PURCHASE THAT THAT PRODUCT ON THE SPOT AND BE ABLE TO WALK OUT. >> AT THE MEIJER ARGUES THE LAW VIOLATES THE SECOND AMENDMENT. HE IN FLORIDA DEPARTMENT OF LAW ENFORCEMENT COMMISSIONER MARK GLASS HAVE ASKED A FEDERAL JUDGE TO STRIKE DOWN THE LAW. SAMANTHA BARRIOS, FLORIDA STATE DIRECTOR FOR GIFFORDS, A NATIONAL GUN VIOLENCE PREVENTION ORGANIZATION SAYS THE WAITING PERIOD SERVES AS A SAFEGUARD AGAINST IMPULSIVE ACTS OF VIOLENCE AND SELF-HARM. FORTUNATELY AND >> FLORIDA HAS A HIGH RATE OF GUN SUICIDE. WE'RE TALKING ABOUT THAT ARIE TO 3 HOURS. A PERSON DIES IN FLORIDA BECAUSE OF AN ACT OF GUN VIOLENCE. SO THESE WAITING PERIODS WOULD HELP 3 INS TO STAY AWAY FROM DANGER. ROLLO ISN'T TOO SURE THE WEEDING PERIOD HAS THAT EFFECT. >> I MEAN, I DON'T BELIEVE IN THAT. I FEEL THAT. AND IF SOMEONE WAS GOING TO INFLICT ANY HARM OR DO SOMETHING BAD, THAT THEY'RE ALL COMING IN TO FIND AN AVENUE IN ORDER TO DO THAT. YEAH, I DON'T. I DON'T BELIEVE IN THAT. >> THE CHALLENGE IS NOW PENDING IN FEDERAL COURT WHERE A JUDGE WILL DECIDE WHETHER FLORIDA'S WAITING PERIOD LAW CAN REMAIN IN PLACE. FOR WGCU NEWS. IM ELIZABETH ANDARGE >> FOR MORE ON THE DISCUSSIONS SURROUNDING THE POTENTIAL REMOVAL. >> OF FLORIDA'S MANDATORY GUN WAITING PERIOD. I'M NOW JOINED BY JUSTIN DAVIS, THE DIRECTOR OF PUBLIC AFFAIRS FOR THE NATIONAL RIFLE ASSOCIATION, MR. DAVIS, THANK YOU FOR JOINING US TODAY. THANKS FOR HAVING ME. CAN YOU TAKE US THROUGH THE LAWSUIT FROM THE NRA AND WHY YOU FEEL THE THREE-DAY WAITING PERIOD VIOLATES THE SECOND AMENDMENT. >> YEAH, WE SEE THIS ACROSS THE COUNTRY. SO WELL. THERE'S NEW MEXICO MAYOR FLORIDA, A FEW YEARS BACK. IT WAS KIND OF THE HOT TOPIC THAT PUTIN IS WAITING PERIODS. AND OF COURSE, ANY KIND OF WAITING PERIOD IS A DELAY, RIGHT? SO IF YOU NEED A FIREARM FOR PROTECTION RIGHT AWAY, YOU DON'T HAVE THE OPPORTUNITY TO WAIT. 3 DAYS. OF COURSE, A WOMAN WHO IS FLEEING FROM A DOMESTIC ABUSER OR SOMEONE WHO'S BEEN FEARING FOR THEIR SAFETY. THEY DON'T HAVE THAT THREE-DAY LUXURY TO WAIT. THEY NEED THEIR RIGHT NOW TO PROTECT THEIR FAMILIES. SO WE'VE BEEN TAKING THIS ON ACROSS THE COUNTRY BOTH LEGISLATIVELY AND THROUGH LITIGATION TO MOVE THESE TYPES OF LAWS OFF THE BOOKS. >> SO WHAT ISSUES COME FROM THIS WAITING PERIOD? AND IS THERE ANY REASON CURRENT BACKGROUND CHECKS AREN'T SUFFICIENT? >> SO THERE'S ACTUALLY NO ADDITIONAL INVESTIGATIVE MEASURES DURING THOSE WAITING PERIOD. SO YOUR NEXT CHECK YOUR BACKGROUND CHECK WHEN YOU FILL YOUR 44 73, WHICH IS WHEN YOU GO FOR BACKGROUND CHECK, WHEN YOU PURCHASE A FARM THROUGH NFL THAT'S DONE INSTANTLY TO THE NATIONAL INSTANT CRIMINAL CHECK. AND SO WHEN YOU HAVE THESE 3 DAY ADDITIONAL WEIGHT, THERE'S NO ADDITIONAL INVESTIGATIVE MEASURES THAT ARE HAPPENING. IT'S SIMPLY AN ARBITRARY WAY BECAUSE SOME LAWMAKERS SOMEWHERE DECIDED THIS IS THE RIGHT AMOUNT TIME YOU NEED TO WAIT BEFORE YOU CAN PURCHASE FARM AND HAVE IT IN YOUR POSSESSION. >> YES, SOME PEOPLE ARE EXEMPT FROM THE THREE-DAY WAITING PERIOD, INCLUDING LAW ENFORCEMENT, PEOPLE THAT HAVE A VALID HUNTING LICENSE OR PEOPLE WITH OF VALID FLORIDA, CONCEALED WEAPONS OR FIREARM LICENSE. DO THOSE LICENSES CREATE ANY SAFETY MEASURES FOR PEOPLE THAT ARE LOOKING TO IMMEDIATELY BUY A GUN? >> NO, WE DON'T BELIEVE ANYBODY NEEDS A PERMISSION SLIP FROM THE GOVERNMENT TO EXERCISE THEIR SECOND AMENDMENT RIGHTS. THAT'S WHY WE PUSHED FOR CONSTITUTIONAL CARRY RIGHT THROUGHOUT THIS COUNTRY. WE SHOULD HAVE SEPARATE CLASS OF FOLKS JUST BECAUSE I TAKE ITS BEST SPECIFIC TRAININGS, WHETHER THROUGH HUNTING CLASSES OR CONCEAL CARRY CLASSES. YOUR SECOND MAN RIGHTS ARE YOUR RIGHTS, REGARDLESS OF WHATEVER TYPE OF GOVERNMENT CLASS YOU TAKEN? >> AND WHAT HAPPENS TO THESE LICENSES IF THEY'RE IF THEY'RE NO LONGER NEEDED FOR A SAMPLE, IT, BUT YOU STILL HAVE TO WAIT 3 DAYS. >> WELL, SO THAT'S THE IDEA IS WE'RE GOING TO LIKE WAY THIS WAITING, PERIOD. THOSE THOSE LICENSES ARE STILL NEEDED FOR HUNTING OR OTHER TYPES OF LICENSES YOU MAY NEED. YOU JUST DON'T NEED THEM TO PURCHASE YOUR FARM AND GET YOUR RIGHTS IMMEDIATELY. SO WE'RE INCREDIBLY HAPPY THAT THE STATE OF FLORIDA HAS JOINED OUR SIDE AND THE SIDE OF CONSTITUTIONAL RIGHTS. AND SO THE SIDE OF BLOOMBERG ORGANIZATIONS WHO WILL DO ANYTHING TO STRIP YOU OF YOUR SECOND AMENDMENT RIGHTS. >> 37 STATES DO NOT HAVE WAITING PERIODS FOR GUN PURCHASES. DO YOU SEE ANY DIFFERENCE AND GUN OWNERSHIP BETWEEN THE STATES WITHOUT A WAITING PERIOD? >> YEAH. THIS IS ALL THOSE PUTTING WAITING PEERS ARE JUST ANOTHER HURDLE TO MAKE IT HARDER TO BUY FIREARMS. OF COURSE, A LOT OF THESE LAWS ARE NOT FOLLOWED BY CRIMINALS BECAUSE, OF COURSE, CRIMINALS DO NOT FALL THE LAW. SO WELL, FOLKS LIKE ME AND YOU WILL WAIT 3 DAYS. THOSE FOLKS WHO ARE EASING STRAW PURCHASES OR STOLEN FIREARMS DON'T HAVE TO WAIT 3 DAYS. SO WE BELIEVE IN LEVELING THE PLAYING FIELD, MAKING SURE THAT IF YOU NEED A FIREARM TODAY, YOU CAN GET IT TODAY. >> HOW WOULD THE REMOVAL OF THE WAITING PERIOD HELP CREATE MORE RESPONSIBLE GUN OWNERS IN FLORIDA? >> WE HAVE BOTH BRITISH ARE WAITING. DON'T CREATE MORE RESPONSIBLE. GUN OWNERS ARE JUST ARBITRARY WAY. NO, WE ALWAYS SUPPORT AND RETRAIN CLASSES. THE GOLD STANDARD. GET TRAINING ON HOME. DEFENSE HUNTING, WHATEVER YOU NEED FOR YOUR FIREARM TRAINING, YOU KNOW, ANY TYPE OF LAW THAT SAYS YOU HAVE TO WAIT 3 DAYS, PEOPLE AREN'T GOING OUT AND THOSE FOR DAYS TO GET THERE ANY TYPE OF TRAINING. THEY'RE JUST WAITING ON THE GOVERNMENT TO GIVE THEM THEIR FARMS THAT THEY LEGALLY PURCHASE AND ALREADY PASSED A BACKGROUND CHECK FOR. >> NOW, OPPONENTS OF YOUR LAWSUIT. THEY BELIEVE THAT THERE WILL BE AN INCREASE IN GUN VIOLENCE IF THIS WAITING PERIOD IS REMOVED. WHAT IS YOUR OPINION ON THAT? >> YOU KNOW, THEY SAY THAT ABOUT ALL THESE GUN CONTROL LAWS, BUT YET THEY NEVER MAKE ANY IMPACT THE STATES THAT HAVE SO MUCH GUN CONTROL ARE STILL RIFE WITH VIOLENT CRIME BECAUSE IT'S NOT GUN LAWS THAT KEEP PEOPLE SAFE. IT'S TAKING ON VIOLENT CRIMINALS AND OF COURSE, FOR SOME FANTASTIC JOB ON REMOVING CRIMINAL RECIDIVISM BY HOLDING CRIMINALS ACCOUNTABLE. NOW, THAT'S NOT THE SAME IN NEW YORK AND CALIFORNIA COMMUTER LAYER ON NEW GUN REGULATIONS TO TRY TO STOP ON CRIMES OF HOLDING THE PEOPLE ACTUALLY PERPETRATE CRIME. HOLD HIM ACCOUNTABLE. >> NOW, IS THERE ANYTHING ELSE THAT YOU WOULD LIKE OUR AUDIENCE TO KNOW, ESPECIALLY WHAT ARE THE NEXT STEPS IN THE LAWSUIT? >> YEAH, OF COURSE. OF COURSE, THE ATTORNEY GENERAL HAS JOINED OUR SIDE AND THIS ARGUMENT WHICH IS FANTASTIC. WE'RE TAKING THIS ON ACROSS THE COUNTRY AND WE URGE OTHER ATTORNEY GENERALS AND GOVERNORS TO DO THE SAME BECAUSE NOW THIS IS THESE ARE CONSTITUTIONAL RIGHTS. THESE ARE NOT OPPORTUNITY TO PLAY POLITICS. THIS IS ABOUT GOOD PUBLIC SAFETY ABOUT GOOD POLICY TO KEEP FLORIDIANS AND AMERICANS SAFE. >> JUSTIN DAVIS FROM THE INNER RIGHT. THANK YOU FOR JOINING US TODAY.