Florida Senate - 2016 SB 300
By Senator Gaetz
1-00237A-16 2016300__
1 A bill to be entitled
2 An act relating to weapons and firearms; creating s.
3 776.00111, F.S.; providing for construction of
4 statutes that implicate the right to bear arms or
5 engage in self-defense; amending s. 790.02, F.S.;
6 specifying that a law enforcement officer may arrest a
7 person for the unlicensed carrying of a concealed
8 weapon only upon probable cause that such a violation
9 is being committed; amending s. 790.053, F.S.;
10 providing that a person licensed to carry a concealed
11 firearm or weapon may also openly carry such firearm
12 or weapon; providing that a person or entity who
13 infringes on specified rights of an individual may be
14 subject to liability under specified provisions;
15 providing an exception; providing that certain persons
16 and entities have no immunity; amending s. 790.25,
17 F.S.; revising legislative findings concerning the
18 possession and carrying of weapons and firearms;
19 revising provisions concerning the construction of
20 provisions; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 776.00111, Florida Statutes, is created
25 to read:
26 776.00111 Construction.—The judiciary shall employ strict
27 scrutiny in reviewing any statute that implicates the right to
28 bear arms or defend one’s self pursuant to this chapter. The
29 right to bear arms is a fundamental and individual right that
30 exists in any place that a person has the right to be, subject
31 only to exceptionally and narrowly tailored restrictions that
32 employ the least possible restriction on the right in order to
33 achieve a compelling government interest.
34 Section 2. Section 790.02, Florida Statutes, is amended to
35 read:
36 790.02 Officer to arrest without warrant and upon probable
37 cause.—The unlicensed carrying of a concealed weapon is declared
38 a breach of peace, and any officer authorized to make arrests
39 under the laws of this state may make arrests without warrant of
40 persons violating the provisions of s. 790.01 when said officer
41 has reasonable grounds or probable cause to believe that the
42 offense of unlicensed carrying of a concealed weapon is being
43 committed.
44 Section 3. Section 790.053, Florida Statutes, is amended to
45 read:
46 790.053 Open carrying of weapons.—
47 (1) A person licensed to carry a concealed firearm or
48 weapon pursuant to this chapter may openly carry such firearm or
49 weapon; however, except as otherwise provided by law and in
50 subsection (2), it is unlawful for any other person to openly
51 carry on or about his or her person a any firearm or electric
52 weapon or device. It is not a violation of this section for a
53 person licensed to carry a concealed firearm as provided in s.
54 790.06(1), and who is lawfully carrying a firearm in a concealed
55 manner, to briefly and openly display the firearm to the
56 ordinary sight of another person, unless the firearm is
57 intentionally displayed in an angry or threatening manner, not
58 in necessary self-defense.
59 (2) A person may openly carry, for purposes of lawful self
60 defense:
61 (a) A self-defense chemical spray.
62 (b) A nonlethal stun gun or dart-firing stun gun or other
63 nonlethal electric weapon or device that is designed solely for
64 defensive purposes.
65 (3) Any person violating this section commits a misdemeanor
66 of the second degree, punishable as provided in s. 775.082 or s.
67 775.083.
68 (4) Unless probable cause exists to believe that a crime
69 has been committed by an individual, any person or entity
70 infringing upon the rights conferred on that individual by this
71 chapter, chapter 776, s. 8, Art. I of the State Constitution, or
72 the Second Amendment to the United States Constitution is liable
73 pursuant to s. 790.33(3)(c), (d), (e), and (f). Notwithstanding
74 any other law, no immunity shall apply to persons infringing on
75 such rights in violation of this subsection.
76 Section 4. Subsections (1) and (4) of section 790.25,
77 Florida Statutes, are amended to read:
78 790.25 Lawful ownership, possession, and use of firearms
79 and other weapons.—
80 (1) DECLARATION OF POLICY.—The Legislature finds as a
81 matter of public policy and fact that the possession and
82 carrying of weapons and firearms by law-abiding individuals for
83 lawful purposes, including self-defense, enhances public safety
84 and that it is necessary to promote firearms safety and to curb
85 and prevent the use of firearms and other weapons in crime and
86 by incompetent persons without prohibiting the lawful use in
87 defense of life, home, and property, and the use by United
88 States or state military organizations, and as otherwise now
89 authorized by law, including the right to use and own firearms
90 for target practice and marksmanship on target practice ranges
91 or other lawful places, and lawful hunting and other lawful
92 purposes.
93 (4) CONSTRUCTION.—The judiciary shall construe this act in
94 conjunction with the right to bear arms or defend one’s self as
95 provided in chapter 776. The right to bear arms and defend one’s
96 self is a fundamental and individual right that exists in any
97 place that a person has the right to be, subject only to
98 exceptionally and narrowly tailored restrictions that employ the
99 least possible restriction on the right in order to achieve a
100 compelling government interest. This act shall be liberally
101 construed to carry out the declaration of policy herein and in
102 favor of the constitutional right to keep and bear arms for
103 lawful purposes. This act is supplemental and additional to
104 existing rights to bear arms now guaranteed by law and decisions
105 of the courts of Florida, and nothing herein shall impair or
106 diminish any of such rights. This act shall supersede any law,
107 ordinance, or regulation in conflict herewith.
108 Section 5. This act shall take effect upon becoming a law.