- November 27, 2024
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The Volusia County Council could repeal an ordinance that requires a three-day waiting period and criminal background check for those who purchase firearms in public places.
On Tuesday, March 19, the County Council unanimously voted to give staff the green light to come back with a draft ordinance repealing the waiting period and background checks requirements, which were adopted in 1999 and largely impact gun shows and personal sales on public property. The Florida Constitution allows counties to set a waiting period of up to five days.
County Councilman Danny Robins, who asked for the proposal to repeal the ordinance be brought forward, called the exiting policy overly restrictive. Robins owns a sporting goods store that is licensed to sell firearms.
"There's a notion out there that if we can just ban guns or throw restrictive, intrusive roadblocks up that all the violence would end" Robins said. "I believe in my heart that that couldn't be further from the truth."
The county ordinance, he said, is a restriction of the Second Amendment of the Constitution, which gives people the right to bear arms.
"Repealing this policy has everything to do with good versus evil, and forcing free people to wait, forcing them into a state of unarmed helplessness," Robins said.
Councilman Jake Johansson countered Robins' argument by citing research by Harvard University that found waiting-period laws reduce gun homicides by about 17%. A three-day waiting period, Johansson said, doesn't block a person from purchasing a firearm, it only delays.
Florida's recent law allows anyone 21 years or older who can legally possess a firearm to carry a concealed firearm without a permit. Those who do have a permit, however, can purchase a weapon without a waiting period. All others are subject to a mandatory three-day waiting period, if purchasing a handgun from a retail store.
A similar repeal ordinance for the County Council was proposed in 2013, but no action was taken, according to the county agenda item summary.
Johansson said he felt Robin's argument of an unarmed person feeling helpless becoming suicidal felt "troublesome."
"If I feel like my life is in danger, I'm not going to pick up the phone and find out where the nearest gun show is," Johansson said. "If I'm in that much duress, I'm going to go to my buddy's house and ask him for his weapon — which is legal to do. If I'm in duress, I'm going to call the police."
He said he struggled with repealing the ordinance, as some "nefarious actors" may take advantage of gun shows and personal sales to buy weapons because they know a criminal background check won't be required.
Only one person spoke before the council about the ordinance: Deltona City Commissioner Dana McCool, who told the story of her mother's death. Her mother purchased a gun at a shop without a waiting period and committed suicide the next morning.
"I haven't heard horrible things about when people don't get guns, but I've heard horrible things about when people do get guns," she said.
McCool said she believes the Second Amendment is sacred, and believes in responsible gun ownership. But, she doesn't agree with repealing the ordinance because "sometimes people do not protect themselves in our society," she said.
"The Second Amendment never guaranteed instant delivery of guns," McCool said. "... This was written so that we had guns, but with that, and as we advance, we also have circumstances in today's societies that must be addressed by people that are put in powers of position and that is you for us."
Robins said if someone is going to commit a crime with a gun, they'll do it regardless of an ordinance.
"There's a lot more deaths by butter knives, hammers, screwdrivers, steak knives," he said. "So there comes a point in time where we have to look at, realistically, why is this in place? Is it worth punishing the 99.99999 infinite portion of our population for one or two knuckleheads that are evil in society?"
He said he wants Volusia County residents to be armed, calling firearms an equalizer in the face of threats and violence.
County Councilman Don Dempsey agreed with Robins.
"Just because something's illegal doesn't mean the bad guys can't get their hands on it," Dempsey said. "... So all we're doing now is punishing law-abiding citizens from their ability to get a gun quickly."
County Council Chair Jeff Brower said it's a constitutional issue.
"I say frequently that our highest responsibility is to protect our God-given constitutionally protected rights and when you read the Second Amendment, it doesn't leave any wiggle room," Brower said. "The right of the people to keep and bear arms shall not be infringed. For 200 years we've been infringing."
