Florida Senate - 2016 SB 1476
By Senator Sobel
33-01169A-16 20161476__
1 A bill to be entitled
2 An act relating to firearm violence; amending s.
3 790.233, F.S.; increasing criminal penalties for
4 violations involving possession of a firearm or
5 ammunition when a person is subject to a specified
6 injunction; creating s. 790.234, F.S.; providing for
7 temporary custody of firearms by a law enforcement
8 officer at the scene of a domestic violence incident;
9 providing for return of firearms after a specified
10 period; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 790.233, Florida Statutes, is amended to
15 read:
16 790.233 Possession of firearm or ammunition prohibited when
17 person is subject to an injunction against committing acts of
18 domestic violence, stalking, or cyberstalking; penalties.—
19 (1) A person may not have in his or her care, custody,
20 possession, or control any firearm or ammunition if the person
21 has been issued a final injunction that is currently in force
22 and effect, restraining that person from committing acts of
23 domestic violence, as issued under s. 741.30, or from committing
24 acts of stalking or cyberstalking, as issued under s. 784.0485.
25 (2) A person who violates subsection (1) commits a felony
26 misdemeanor of the first degree, punishable as provided in s.
27 775.082, or s. 775.083, or s. 775.084.
28 (3) It is the intent of the Legislature that the
29 disabilities regarding possession of firearms and ammunition are
30 consistent with federal law. Accordingly, this section does not
31 apply to a state or local officer as defined in s. 943.10(14),
32 holding an active certification, who receives or possesses a
33 firearm or ammunition for use in performing official duties on
34 behalf of the officer’s employing agency, unless otherwise
35 prohibited by the employing agency.
36 Section 2. Section 790.234, Florida Statutes, is created to
37 read:
38 790.234 Domestic violence; temporary custody of firearms.—
39 (1) When at the scene of an alleged act of domestic
40 violence as defined in s. 741.28, a law enforcement officer may
41 remove a firearm from the scene if:
42 (a) The law enforcement officer has probable cause to
43 believe that an act of domestic violence has occurred.
44 (b) The firearm is in plain view or is discovered during a
45 consensual or other lawful search.
46 (2) If a firearm is removed from the scene under subsection
47 (1), the law enforcement officer shall:
48 (a) Provide to the owner of the firearm information on the
49 process for retaking possession of the firearm.
50 (b) Provide for the safe storage of the firearm during the
51 pendency of any proceeding related to the alleged act of
52 domestic violence.
53 (3) Within 14 days after the conclusion of a proceeding on
54 the alleged act of domestic violence, the owner of the firearm
55 may retake possession of the firearm unless ordered to surrender
56 the firearm pursuant to s. 790.233.
57 Section 3. This act shall take effect July 1, 2016.