Bill Text: FL S0234 | 2011 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Firearms
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -SJ 851 [S0234 Detail]
Download: Florida-2011-S0234-Comm_Sub.html
Bill Title: Firearms
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -SJ 851 [S0234 Detail]
Download: Florida-2011-S0234-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 234 By the Committees on Rules; and Criminal Justice; and Senators Evers, Dockery, Lynn, Hays, Norman, Negron, Garcia, and Altman 595-04670-11 2011234c2 1 A bill to be entitled 2 An act relating to firearms; amending s. 790.06, F.S.; 3 providing that a person in compliance with the terms 4 of a concealed carry license may openly carry a 5 handgun notwithstanding specified provisions; allowing 6 the Division of Licensing of the Department of 7 Agriculture and Consumer Services to take fingerprints 8 from concealed carry license applicants; providing 9 that a person may not openly carry a weapon or firearm 10 or carry a concealed weapon or firearm into specified 11 locations; providing that concealed carry licensees 12 shall not be prohibited from carrying or storing a 13 firearm in a vehicle for lawful purposes; providing 14 that a provision limiting the scope of a license to 15 carry a concealed weapon or firearm does not modify 16 certain exceptions to prohibited acts with respect to 17 a person’s right to keep and bear arms in motor 18 vehicles for certain purposes; repealing s. 790.28, 19 F.S., relating to the purchase of rifles and shotguns 20 in contiguous states; amending s. 790.065, F.S.; 21 providing that specified provisions do not apply to 22 certain firearms transactions by a resident of this 23 state; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (1), paragraph (c) of subsection (5), 28 and subsection (12) of section 790.06, Florida Statutes, are 29 amended to read: 30 790.06 License to carry concealed weapon or firearm.— 31 (1) The Department of Agriculture and Consumer Services is 32 authorized to issue licenses to carry concealed weapons or 33 concealed firearms to persons qualified as provided in this 34 section. Each such license must bear a color photograph of the 35 licensee. For the purposes of this section, concealed weapons or 36 concealed firearms are defined as a handgun, electronic weapon 37 or device, tear gas gun, knife, or billie, but the term does not 38 include a machine gun as defined in s. 790.001(9). Such licenses 39 shall be valid throughout the state for a period of 7 years from 40 the date of issuance. Any person in compliance with the terms of 41 such license may carry a concealed weapon or concealed firearm 42 notwithstandingthe provisions ofs. 790.01 or may openly carry 43 a handgun, as defined in s. 790.0655, on any public property 44 and, when permissible, on private property notwithstanding s. 45 790.053. The licensee must carry the license, together with 46 valid identification, at all times in which the licensee is in 47 actual possession of a concealed weapon or firearm and must 48 display both the license and proper identification upon demand 49 by a law enforcement officer. A violationViolations of the50provisionsof this subsection shall constitute a noncriminal 51 violation with a penalty of $25, payable to the clerk of the 52 court. 53 (5) The applicant shall submit to the Department of 54 Agriculture and Consumer Services: 55 (c) A full set of fingerprints of the applicant 56 administered by a law enforcement agency or the Division of 57 Licensing of the Department of Agriculture and Consumer 58 Services. 59 (12)(a) ANolicense issued underpursuant tothis section 60 does notshallauthorize any person to openly carry a handgun or 61 carry a concealed weapon or firearm into: 62 1. Any place of nuisance as defined in s. 823.05; 63 2. Any police, sheriff, or highway patrol station; 64 3. Any detention facility, prison, or jail; 65 4. Any courthouse; 66 5. Any courtroom, except that nothing in this section would 67 preclude a judge from carrying a concealed weapon or determining 68 who will carry a concealed weapon in his or her courtroom; 69 6. Any polling place; 70 7. Any meeting of the governing body of a county, public 71 school district, municipality, or special district; 72 8. Any meeting of the Legislature or a committee thereof; 73 9. Any school, college, or professional athletic event not 74 related to firearms; 75 10. Any elementary or secondary school facility or 76 administration building; 77 11. Any career center; 78 12. Any portion of an establishment licensed to dispense 79 alcoholic beverages for consumption on the premises, which 80 portion of the establishment is primarily devoted to such 81 purpose;any elementary or secondary school facility; any career82center;83 13. Any college or university facility unless the licensee 84 is a registered student, employee, or faculty member of such 85 college or university and the weapon is a stun gun or nonlethal 86 electric weapon or device designed solely for defensive purposes 87 and the weapon does not fire a dart or projectile; 88 14. The inside of the passenger terminal and sterile area 89 of any airport, provided that no person shall be prohibited from 90 carrying any legal firearm into the terminal, which firearm is 91 encased for shipment for purposes of checking such firearm as 92 baggage to be lawfully transported on any aircraft; or 93 15. Any place where the carrying of firearms is prohibited 94 by federal law. 95 (b) A person licensed under this section shall not be 96 prohibited from carrying or storing a firearm in a vehicle for 97 lawful purposes. 98 (c) This section does not modify the terms or conditions of 99 s. 790.251(7). 100 (d) Any person who knowingly and willfully violates any 101 provision of this subsection commits a misdemeanor of the second 102 degree, punishable as provided in s. 775.082 or s. 775.083. 103 Section 2. Section 790.28, Florida Statutes, is repealed. 104 Section 3. Subsection (1) of section 790.065, Florida 105 Statutes, is amended to read: 106 790.065 Sale and delivery of firearms.— 107 (1)(a) A licensed importer, licensed manufacturer, or 108 licensed dealer may not sell or deliver from her or his 109 inventory at her or his licensed premises any firearm to another 110 person, other than a licensed importer, licensed manufacturer, 111 licensed dealer, or licensed collector, until she or he has: 112 1.(a)Obtained a completed form from the potential buyer or 113 transferee, which form shall have been promulgated by the 114 Department of Law Enforcement and provided by the licensed 115 importer, licensed manufacturer, or licensed dealer, which shall 116 include the name, date of birth, gender, race, and social 117 security number or other identification number of such potential 118 buyer or transferee and has inspected proper identification 119 including an identification containing a photograph of the 120 potential buyer or transferee. 121 2.(b)Collected a fee from the potential buyer for 122 processing the criminal history check of the potential buyer. 123 The fee shall be established by the Department of Law 124 Enforcement and may not exceed $8 per transaction. The 125 Department of Law Enforcement may reduce, or suspend collection 126 of, the fee to reflect payment received from the Federal 127 Government applied to the cost of maintaining the criminal 128 history check system established by this section as a means of 129 facilitating or supplementing the National Instant Criminal 130 Background Check System. The Department of Law Enforcement 131 shall, by rule, establish procedures for the fees to be 132 transmitted by the licensee to the Department of Law 133 Enforcement. All such fees shall be deposited into the 134 Department of Law Enforcement Operating Trust Fund, but shall be 135 segregated from all other funds deposited into such trust fund 136 and must be accounted for separately. Such segregated funds must 137 not be used for any purpose other than the operation of the 138 criminal history checks required by this section. The Department 139 of Law Enforcement, each year prior to February 1, shall make a 140 full accounting of all receipts and expenditures of such funds 141 to the President of the Senate, the Speaker of the House of 142 Representatives, the majority and minority leaders of each house 143 of the Legislature, and the chairs of the appropriations 144 committees of each house of the Legislature. In the event that 145 the cumulative amount of funds collected exceeds the cumulative 146 amount of expenditures by more than $2.5 million, excess funds 147 may be used for the purpose of purchasing soft body armor for 148 law enforcement officers. 149 3.(c)Requested, by means of a toll-free telephone call, 150 the Department of Law Enforcement to conduct a check of the 151 information as reported and reflected in the Florida Crime 152 Information Center and National Crime Information Center systems 153 as of the date of the request. 154 4.(d)Received a unique approval number for that inquiry 155 from the Department of Law Enforcement, and recorded the date 156 and such number on the consent form. 157 (b) However, if the person purchasing, or receiving 158 delivery of, the firearm is a holder of a valid concealed 159 weapons or firearms license pursuant to the provisions of s. 160 790.06 or holds an active certification from the Criminal 161 Justice Standards and Training Commission as a “law enforcement 162 officer,” a “correctional officer,” or a “correctional probation 163 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or 164 (9),the provisions ofthis subsection doesdonot apply. 165 (c) This subsection does not apply to the purchase, trade, 166 or transfer of a rifle or shotgun by a resident of this state 167 when the resident makes such purchase, trade, or transfer from a 168 licensed importer, licensed manufacturer, or licensed dealer in 169 another state. 170 Section 4. This act shall take effect upon becoming a law.