Florida Senate - 2018                                     SB 400
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-00080-18                                            2018400__
    1                        A bill to be entitled                      
    2         An act relating to concealed weapons or concealed
    3         firearms; amending s. 790.06, F.S.; requiring the
    4         Department of Agriculture and Consumer Services to
    5         issue a license if, in addition to other specified
    6         criteria, the applicant has undergone a mental health
    7         evaluation conducted by certain licensed professionals
    8         and has been determined to be competent; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (2) of section 790.06, Florida
   14  Statutes, is amended to read:
   15         790.06 License to carry concealed weapon or firearm.—
   16         (2) The Department of Agriculture and Consumer Services
   17  shall issue a license if the applicant:
   18         (a) Is a resident of the United States and a citizen of the
   19  United States or a permanent resident alien of the United
   20  States, as determined by the United States Bureau of Citizenship
   21  and Immigration Services, or is a consular security official of
   22  a foreign government that maintains diplomatic relations and
   23  treaties of commerce, friendship, and navigation with the United
   24  States and is certified as such by the foreign government and by
   25  the appropriate embassy in this country;
   26         (b) Is 21 years of age or older;
   27         (c) Does not suffer from a physical infirmity that which
   28  prevents the safe handling of a weapon or firearm;
   29         (d) Is not ineligible to possess a firearm pursuant to s.
   30  790.23 by virtue of having been convicted of a felony;
   31         (e) Has not been:
   32         1. Found guilty of a crime under the provisions of chapter
   33  893 or similar laws of any other state relating to controlled
   34  substances within a 3-year period immediately preceding the date
   35  on which the application is submitted; or
   36         2. Committed for the abuse of a controlled substance under
   37  chapter 397 or under the provisions of former chapter 396 or
   38  similar laws of any other state. An applicant who has been
   39  granted relief from firearms disabilities pursuant to s.
   40  790.065(2)(a)4.d. or pursuant to the law of the state in which
   41  the commitment occurred is deemed not to be committed for the
   42  abuse of a controlled substance under this subparagraph;
   43         (f) Does not chronically and habitually use alcoholic
   44  beverages or other substances to the extent that his or her
   45  normal faculties are impaired. It shall be presumed that an
   46  applicant chronically and habitually uses alcoholic beverages or
   47  other substances to the extent that his or her normal faculties
   48  are impaired if the applicant has been convicted under s.
   49  790.151 or has been deemed a habitual offender under s.
   50  856.011(3), or has had two or more convictions under s. 316.193
   51  or similar laws of any other state, within the 3-year period
   52  immediately preceding the date on which the application is
   53  submitted;
   54         (g) Desires a legal means to carry a concealed weapon or
   55  firearm for lawful self-defense;
   56         (h) Demonstrates competence with a firearm by any one of
   57  the following:
   58         1. Completion of any hunter education or hunter safety
   59  course approved by the Fish and Wildlife Conservation Commission
   60  or a similar agency of another state;
   61         2. Completion of any National Rifle Association firearms
   62  safety or training course;
   63         3. Completion of any firearms safety or training course or
   64  class available to the general public offered by a law
   65  enforcement agency, junior college, college, or private or
   66  public institution or organization or firearms training school,
   67  using instructors certified by the National Rifle Association,
   68  Criminal Justice Standards and Training Commission, or the
   69  Department of Agriculture and Consumer Services;
   70         4. Completion of any law enforcement firearms safety or
   71  training course or class offered for security guards,
   72  investigators, special deputies, or any division or subdivision
   73  of a law enforcement agency or security enforcement;
   74         5. Presents evidence of equivalent experience with a
   75  firearm through participation in organized shooting competition
   76  or military service;
   77         6. Is licensed or has been licensed to carry a firearm in
   78  this state or a county or municipality of this state, unless
   79  such license has been revoked for cause; or
   80         7. Completion of any firearms training or safety course or
   81  class conducted by a state-certified or National Rifle
   82  Association certified firearms instructor;
   83  
   84  A photocopy of a certificate of completion of any of the courses
   85  or classes; an affidavit from the instructor, school, club,
   86  organization, or group that conducted or taught such course or
   87  class attesting to the completion of the course or class by the
   88  applicant; or a copy of any document that shows completion of
   89  the course or class or evidences participation in firearms
   90  competition shall constitute evidence of qualification under
   91  this paragraph. A person who conducts a course pursuant to
   92  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
   93  an instructor, attests to the completion of such courses, must
   94  maintain records certifying that he or she observed the student
   95  safely handle and discharge the firearm in his or her physical
   96  presence and that the discharge of the firearm included live
   97  fire using a firearm and ammunition as defined in s. 790.001;
   98         (i) Has not been adjudicated an incapacitated person under
   99  s. 744.331, or similar laws of any other state. An applicant who
  100  has been granted relief from firearms disabilities pursuant to
  101  s. 790.065(2)(a)4.d. or pursuant to the law of the state in
  102  which the adjudication occurred is deemed not to have been
  103  adjudicated an incapacitated person under this paragraph;
  104         (j) Has not been committed to a mental institution under
  105  chapter 394, or similar laws of any other state. An applicant
  106  who has been granted relief from firearms disabilities pursuant
  107  to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
  108  which the commitment occurred is deemed not to have been
  109  committed in a mental institution under this paragraph;
  110         (k) Has not had adjudication of guilt withheld or
  111  imposition of sentence suspended on any felony unless 3 years
  112  have elapsed since probation or any other conditions set by the
  113  court have been fulfilled, or expunction has occurred;
  114         (l) Has not had adjudication of guilt withheld or
  115  imposition of sentence suspended on any misdemeanor crime of
  116  domestic violence unless 3 years have elapsed since probation or
  117  any other conditions set by the court have been fulfilled, or
  118  the record has been expunged;
  119         (m) Has not been issued an injunction that is currently in
  120  force and effect and that restrains the applicant from
  121  committing acts of domestic violence or acts of repeat violence;
  122  and
  123         (n) Has undergone a mental health evaluation conducted by a
  124  clinical psychologist or a psychiatrist, as those terms are
  125  defined in s. 394.455, and has been determined to be competent
  126  and of sound mind; and
  127         (o)(n) Is not prohibited from purchasing or possessing a
  128  firearm by any other provision of Florida or federal law.
  129         Section 2. This act shall take effect July 1, 2018.