Business Law 101 / FIREARMS REGISTRY

By Albert Kelley

There has been a great debate over the last few years about whether restrictions should be placed on the ownership and use of firearms throughout the country.  However, in Florida there are laws that prevent certain restrictions.  

In 2004 the legislature passed criminal statute 790.330. This law seems unusual in the list of criminal statutes in that it creates criminal penalties for attempts to reduce crime.  Now, this column is not to take sides on the issue, but we do recognize that in society there is a legitimate debate over whether registration of guns could deter criminal activity as it relates to firearms. The legislature has taken sides in this debate.  Florida Statute 790.330 makes it a crime for any state government agency, local government agency, political subdivision, employee or agent of any state or local government agency or any other person public or private from maintaining a list, record or registry of firearms or the people who own those firearms.  What this means is that, if any state or local governmental department or agency passes a law that requires the registration of weapons, the directors and employees of that agency or department can be convicted of a third-degree felony and sentenced to up to five years in prison. 

The statute sets out the purpose for the law.  The legislature felt that a list, record or registry of legally owned firearms would not be a tool for law enforcement or fighting terrorism, but instead could be used to harass those citizens that chose to legally own a firearm.  They also felt that such a list, if it fell into the wrong hands, could be used as a “shopping list” for thieves.   

Now, to be fair, there are exceptions to this rule.  If a gun owner decides to keep a written list of all the guns he or she owns, they will not be in violation.  Other exceptions include records of firearms used in the commission of a crime and of persons who have been convicted of committing a crime with a firearm.  If a firearm is stolen, records of the theft can be kept for no more than 10 days after the recovery of the firearm, except official records can be kept for up to three years (the balance of the year in which the firearm is recovered plus two additional years). Also exempt are records that are required to be kept by firearm dealers and pawn brokers, records of the Department of Law Enforcement but only to the extent required by Federal law, records of insurance companies providing coverage for such firearms, lists of customers of a firearm dealer so long as the list does not identify the weapons purchased, membership lists of firearm owner organizations (such as the NRA), records of an employer if the employment relies on firearm use (such as security personal or police departments), records of firearms in criminal investigations, or civil records for firearms that have been seized or surrendered in relation to domestic violence or Baker Act cases, and noncriminal records for the storage, safekeeping and return of firearms. 

Another unique aspect of this law is in the penalty section.  While the statute states that a violation of this provision is a third-degree felony, the fine for a violation is enhanced.  The standard fine for a third-degree felony is only five thousand dollars, yet this statute states that if the violator is a government entity or employee of a government entity, the fine shall not be more than five million dollars. The statute also states that no public money may be used to defend a violation (except for the provision of a public defender) unless the charges are dismissed or if the person is found not guilty after trial.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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