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Hillsborough Co. extends waiting period to buy a gun

Buying a gun will take a little longer in Hillsborough County after commissioners voted to extend the waiting period from three days to five.
Hillsborough County Commissioner meeting. (May 2, 2018)

TAMPA, Fla. -- Buying a gun will take a little longer in Hillsborough County after commissioners voted to extend the waiting period from three days to five.

Five commissioners voted in favor of the change -- Sandra Murman, Al Higginbotham, Victor Crist, Les Miller and Pat Kemp -- and two voted against it -- Stacy White and Pat Hagan.

Miller says a longer "cooling-off period" could save lives.

But those against the waiting time change want proof.

“I know they said they believe it will save lives but how and what studies show by adding an addition 2 days will save even one life?” said Ryan Thomas, owner of Tampa Carry that teaches people safe gun use.

“All that's going to do is cause people to go to a different county or encourage people to buy guns through a private transaction which defeats the purpose,” he said.

Thomas says studies show “cool-down” periods don’t work and if someone wants to get a gun, they will find a way.

"I just think it’s frustrating, people that obtain a Florida conceal weapons permit are able to bypass the waiting period anyway. So again they can buy a gun and walk out the exact same day," Thomas said.

The five-day waiting period is longer than required by Florida's new state law. The state law was signed by Gov. Rick Scott after the Stoneman Douglas High School shooting. It increased the waiting period for all gun sales to three days.

What about Florida's pre-emption law?

Florida has another law that prohibits local governments from passing stricter gun rules than those passed in Tallahassee. Some mayors across the state are currently challenging that preemption law with a lawsuit against Rick Scott.

READ HERE: Florida law doesn't allow local gun laws

Despite the pre-emption law, Hillsborough did not break any rules when passing the new waiting period ordinance.

The Hillsborough County Attorney's Office explained that the Florida Constitution trumps the Legislature and a 1998 constitutional amendment states that counties have the option to enact their own waiting periods and background checks.

In March, Miller filed a motion to ban the sale of assault weapons in Hillsborough County. The motion went nowhere because state law prohibits local governments from enacting their own gun laws. However, at that same meeting, Miller started talks about extending the county's waiting period for buying a gun, which is legal thanks to that revision in the Florida Constitution.

This amendment only applies to county governments, not cities and towns.

On the city level, eleven Florida mayors are suing Rick Scott because they want the power to enact gun laws of all kinds at the local level. St. Petersburg Mayor Rick Kriseman is one of those mayors, the other 10 are in South Florida.

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