Bill Text: FL H1335 | 2011 | Regular Session | Introduced

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Bill Title: Weapons or Firearms

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1335 Detail]

Download: Florida-2011-H1335-Introduced.html

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HB 1335

1	A bill to be entitled
2	An act relating to weapons or firearms; amending s.
3	790.115, F.S.; prohibiting possession of any firearm,
4	electric weapon, or other specified device on property
5	operated by a school district; providing criminal
6	penalties; amending s. 790.251, F.S., and reenacting
7	subsection (4), relating to prohibited acts; clarifying
8	that provisions prohibiting restrictions on firearms
9	possession do not apply to restrictions on possession on
10	property owned or operated by a school district; banning
11	the possession, sale, transfer, or manufacture of high-
12	capacity ammunition feeding devices; providing exceptions;
13	providing a definition of "high-capacity ammunition
14	feeding device"; subjecting a person to a criminal penalty
15	for the unlawful possession, sale, transfer, or
16	manufacture of a high-capacity ammunition feeding device;
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Paragraph (a) of subsection (2) of section
22	790.115, Florida Statutes, is amended to read:
23	790.115  Possessing or discharging weapons or firearms at a
24	school-sponsored event or on school property prohibited;
25	penalties; exceptions.-
26	(2)(a)  A person shall not possess any firearm, electric
27	weapon or device, destructive device, or other weapon as defined
28	in s. 790.001(13), including a razor blade or box cutter, except
29	as authorized in support of school-sanctioned activities, at a
30	school-sponsored event or on any the property owned or operated
31	by a school district or of any school, school bus, or school bus
32	stop; however, a person may carry a firearm:
33	1.  In a case to a firearms program, class or function
34	which has been approved in advance by the principal or chief
35	administrative officer of the school as a program or class to
36	which firearms could be carried;
37	2.  In a case to a career center having a firearms training
38	range; or
39	3.  In a vehicle pursuant to s. 790.25(5); except that
40	school districts may adopt written and published policies that
41	waive the exception in this subparagraph for purposes of student
42	and campus parking privileges.
43
44	For the purposes of this section, "school" means any preschool,
45	elementary school, middle school, junior high school, secondary
46	school, career center, or postsecondary school, whether public
47	or nonpublic.
48	Section 2.  Subsection (4) of section 790.251, Florida
49	Statutes, is reenacted, and paragraph (a) of subsection (7) of
50	that section is amended, to read:
51	790.251  Protection of the right to keep and bear arms in
52	motor vehicles for self-defense and other lawful purposes;
53	prohibited acts; duty of public and private employers; immunity
54	from liability; enforcement.-
55	(4)  PROHIBITED ACTS.-No public or private employer may
56	violate the constitutional rights of any customer, employee, or
57	invitee as provided in paragraphs (a)-(e):
58	(a)  No public or private employer may prohibit any
59	customer, employee, or invitee from possessing any legally owned
60	firearm when such firearm is lawfully possessed and locked
61	inside or locked to a private motor vehicle in a parking lot and
62	when the customer, employee, or invitee is lawfully in such
63	area.
64	(b)  No public or private employer may violate the privacy
65	rights of a customer, employee, or invitee by verbal or written
66	inquiry regarding the presence of a firearm inside or locked to
67	a private motor vehicle in a parking lot or by an actual search
68	of a private motor vehicle in a parking lot to ascertain the
69	presence of a firearm within the vehicle. Further, no public or
70	private employer may take any action against a customer,
71	employee, or invitee based upon verbal or written statements of
72	any party concerning possession of a firearm stored inside a
73	private motor vehicle in a parking lot for lawful purposes. A
74	search of a private motor vehicle in the parking lot of a public
75	or private employer to ascertain the presence of a firearm
76	within the vehicle may only be conducted by on-duty law
77	enforcement personnel, based upon due process and must comply
78	with constitutional protections.
79	(c)  No public or private employer shall condition
80	employment upon either:
81	1.  The fact that an employee or prospective employee holds
82	or does not hold a license issued pursuant to s. 790.06; or
83	2.  Any agreement by an employee or a prospective employee
84	that prohibits an employee from keeping a legal firearm locked
85	inside or locked to a private motor vehicle in a parking lot
86	when such firearm is kept for lawful purposes.
87	(d)  No public or private employer shall prohibit or
88	attempt to prevent any customer, employee, or invitee from
89	entering the parking lot of the employer's place of business
90	because the customer's, employee's, or invitee's private motor
91	vehicle contains a legal firearm being carried for lawful
92	purposes, that is out of sight within the customer's,
93	employee's, or invitee's private motor vehicle.
94	(e)  No public or private employer may terminate the
95	employment of or otherwise discriminate against an employee, or
96	expel a customer or invitee for exercising his or her
97	constitutional right to keep and bear arms or for exercising the
98	right of self-defense as long as a firearm is never exhibited on
99	company property for any reason other than lawful defensive
100	purposes.
101
102	This subsection applies to all public sector employers,
103	including those already prohibited from regulating firearms
104	under the provisions of s. 790.33.
105	(7)  EXCEPTIONS.-The prohibitions in subsection (4) do not
106	apply to:
107	(a)  Any school property owned or operated by a school
108	district or any school as defined and regulated under s.
109	790.115.
110	Section 3.  Ban of high-capacity ammunition feeding
111	devices.-
112	(1)(a)  A person may not sell or otherwise transfer a high-
113	capacity ammunition feeding device in this state unless the sale
114	or transfer is to a law enforcement officer, a Florida National
115	Guard member on active duty, or a member of the United States
116	Armed Forces.
117	(b)1.  A person may not possess a high-capacity ammunition
118	feeding device in this state unless the person is a law
119	enforcement officer, a Florida National Guard member on active
120	duty, or a member of the United States Armed Forces or the
121	person is the manufacturer or an employee of the manufacturer
122	and the manufacturer is licensed to manufacture the devices
123	under federal law.
124	2.  This paragraph does not apply to a person in possession
125	of a high-capacity ammunition feeding device on July 1, 2011.
126	However, the person may not sell or otherwise transfer the
127	device except as authorized in paragraph (a).
128	(c)  A person may not manufacture a high-capacity
129	ammunition feeding device in this state unless the device is
130	manufactured for sale to a law enforcement officer, a Florida
131	National Guard member, or a member of the United States Armed
132	Forces or is for export as authorized by federal law.
133	(2)  As used in this section, the term "high-capacity
134	ammunition feeding device" means a magazine, belt, drum, feed
135	strip, or similar device that has the capacity of, or can be
136	readily restored or converted to accept, more than 15 rounds of
137	ammunition.
138	(3)  A person who violates this section commits a felony of
139	the third degree, punishable as provided in s. 775.082 or s.
140	775.083, Florida Statutes.
141	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.