CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0262
Florida Senate - 1998 SB 262
By Senator Rossin
35-355-98 See CS/HB 1761
1 A bill to be entitled
2 An act relating to the storage of firearms;
3 creating the "Safe Storage of Firearms for the
4 Protection of Children Act"; prohibiting
5 insurance companies authorized to conduct
6 business in this state from increasing premiums
7 on homeowner's or property and casualty
8 insurance on the ground of storage of a firearm
9 that has been secured with an activated locking
10 device; authorizing such insurance companies to
11 decrease premiums on such insurance if the
12 insured has certified that all firearms owned
13 by the insured are stored and secured with an
14 activated locking device; amending s. 790.001,
15 F.S.; redefining the term "securely encased" to
16 mean a firearm that is secured with an
17 activated locking device; defining the term
18 "locking device"; providing that it is a third
19 degree felony to knowingly alter or remove a
20 locking device from a firearm without
21 authorization of the owner; providing that it
22 is a third degree felony to knowingly sell,
23 deliver, or possess a firearm if the firearm's
24 locking device has been altered or removed
25 without authorization of the owner; providing
26 penalties; amending s. 784.05, F.S.; providing
27 that it is not culpable negligence to store or
28 leave a loaded firearm within the reach of a
29 person under a specified age, which firearm is
30 used to inflict injury or death, if the firearm
31 was locked with a locking device; amending s.
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Florida Senate - 1998 SB 262
35-355-98 See CS/HB 1761
1 790.174, F.S.; providing that a locking device
2 may be used for the purpose of lawfully storing
3 a firearm within access of a person under a
4 specified age; amending s. 790.175, F.S.;
5 requiring a licensed dealer to advise a
6 potential buyer of a handgun of the
7 availability of a locking device that renders
8 the handgun inoperable; requiring that the
9 dealer provide the potential buyer the
10 opportunity to purchase a locking device at the
11 time of the sale; providing an effective date.
12
13 WHEREAS, children and teens are responsible for over
14 10,000 accidential shootings each year, and
15 WHEREAS, firearms cause 25 percent of all deaths to
16 teens between the ages of 15 and 19, and
17 WHEREAS, the Center for Disease Control reports that
18 over 1 million children come home from school to a home with
19 no adult supervision but which has a loaded and unlocked
20 firearm, and
21 WHEREAS, the Center for Disease Control reports that
22 the rate of children killed by firearms in the United States
23 is nearly 12 times higher than in 25 other industrialized
24 countries combined, and
25 WHEREAS, a national survey indicated that 59 percent of
26 children in grades 6 through 12 said they knew where to get a
27 firearm if they wanted one, and
28 WHEREAS, the Legislature seeks to encourage the use of
29 technologies that would result in storing firearms in a safe
30 and responsible manner, and
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Florida Senate - 1998 SB 262
35-355-98 See CS/HB 1761
1 WHEREAS, this act does not reduce or limit the right to
2 purchase and own firearms, and
3 WHEREAS, the Legislature does not intend to infringe
4 upon the right of the public to keep and bear firearms for
5 hunting and sporting activities and for the defense of one's
6 self, family, home, or business, NOW, THEREFORE,
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. This act may be cited as the "Safe Storage
11 of Firearms for the Protection of Children Act."
12 Section 2. An insurance company authorized to conduct
13 business in this state may not use the storage of a firearm as
14 a ground to increase the premiums for any homeowner's or
15 property and casualty insurance if the stored firearm has been
16 secured with an activated locking device. However, an
17 insurance company authorized to conduct business in this state
18 may decrease the premiums for any homeowner's or property and
19 casualty insurance by up to 5 percent of the total premium if
20 the insured has certified that all firearms owned by the
21 insured are stored and secured with an activated locking
22 device.
23 Section 3. Subsection (17) of section 790.001, Florida
24 Statutes, is amended, and subsection (19) is added to that
25 section, to read:
26 790.001 Definitions.--As used in this chapter, except
27 where the context otherwise requires:
28 (17) "Securely encased" means in a glove compartment,
29 whether or not locked; snapped in a holster; in a gun case,
30 whether or not locked; in a zippered gun case; or in a closed
31 box or container that which requires a lid or cover to be
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Florida Senate - 1998 SB 262
35-355-98 See CS/HB 1761
1 opened for access; or secured with an activated locking
2 device.
3 (19) "Locking device" means a device that when
4 installed on a firearm and secured by means of a key or a
5 mechanically or electronically operated combination lock
6 prevents the firearm from being discharged without first
7 deactivating or removing the device by means of a key or a
8 mechanically or electronically operated combination lock.
9 Section 4. (1) A person may not knowingly alter or
10 remove a locking device from a firearm unless authorized to do
11 so by the owner of the firearm.
12 (2) A person may not knowingly sell, deliver, or
13 possess a firearm if the locking device has been altered or
14 removed without the authorization of the owner of the firearm.
15 (3) A person who violates this section commits a
16 felony of the third degree, punishable as provided in section
17 775.082, section 775.083, or section 775.084, Florida
18 Statutes.
19 Section 5. Section 784.05, Florida Statutes, is
20 amended to read:
21 784.05 Culpable negligence.--
22 (1) Whoever, through culpable negligence, exposes
23 another person to personal injury commits a misdemeanor of the
24 second degree, punishable as provided in s. 775.082 or s.
25 775.083.
26 (2) Whoever, through culpable negligence, inflicts
27 actual personal injury on another commits a misdemeanor of the
28 first degree, punishable as provided in s. 775.082 or s.
29 775.083.
30 (3) Whoever violates subsection (1) by storing or
31 leaving a loaded firearm within the reach or easy access of a
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Florida Senate - 1998 SB 262
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1 minor commits, if the minor obtains the firearm and uses it to
2 inflict injury or death upon himself or herself or any other
3 person, a felony of the third degree, punishable as provided
4 in s. 775.082, s. 775.083, or s. 775.084. However, this
5 subsection does not apply:
6 (a) If the firearm was stored or left in a securely
7 locked box or container or in a location that which a
8 reasonable person would have believed to be secure, or was
9 securely locked with a trigger lock or a locking device;
10 (b) If the minor obtains the firearm as a result of an
11 unlawful entry by any person;
12 (c) To injuries resulting from target or sport
13 shooting accidents or hunting accidents; or
14 (d) To members of the Armed Forces, National Guard, or
15 State Militia, or to police or other law enforcement officers,
16 with respect to firearm possession by a minor which occurs
17 during or incidental to the performance of their official
18 duties.
19
20 When any minor child is accidentally shot by another family
21 member, no arrest shall be made pursuant to this subsection
22 prior to 7 days after the date of the shooting. With respect
23 to any parent or guardian of any deceased minor, the
24 investigating officers shall file all findings and evidence
25 with the state attorney's office with respect to violations of
26 this subsection. The state attorney shall evaluate such
27 evidence and shall take such action as he or she deems
28 appropriate under the circumstances and may file an
29 information against the appropriate parties.
30 (4) As used in this act, the term "minor" means any
31 person under the age of 16.
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Florida Senate - 1998 SB 262
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1 Section 6. Section 790.174, Florida Statutes, is
2 amended to read:
3 790.174 Safe storage of firearms required.--
4 (1) A person who stores or leaves, on a premise under
5 his or her control, a loaded firearm, as defined in s.
6 790.001, and who knows or reasonably should know that a minor
7 is likely to gain access to the firearm without the lawful
8 permission of the minor's parent or the person having charge
9 of the minor, or without the supervision required by law,
10 shall keep the firearm in a securely locked box or container
11 or in a location that which a reasonable person would believe
12 to be secure or shall secure it with a trigger lock or a
13 locking device, except when the person is carrying the firearm
14 on his or her body or within such close proximity thereto that
15 he or she can retrieve and use it as easily and quickly as if
16 he or she carried it on his or her body.
17 (2) It is a misdemeanor of the second degree,
18 punishable as provided in s. 775.082 or s. 775.083, if a
19 person violates subsection (1) by failing to store or leave a
20 firearm in the required manner and as a result thereof a minor
21 gains access to the firearm, without the lawful permission of
22 the minor's parent or the person having charge of the minor,
23 and possesses or exhibits it, without the supervision required
24 by law:
25 (a) In a public place; or
26 (b) In a rude, careless, angry, or threatening manner
27 in violation of s. 790.10.
28
29 This subsection does not apply if the minor obtains the
30 firearm as a result of an unlawful entry by any person.
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Florida Senate - 1998 SB 262
35-355-98 See CS/HB 1761
1 (3) As used in this act, the term "minor" means any
2 person under the age of 16.
3 Section 7. Present subsection (3) of section 790.175,
4 Florida Statutes, is redesignated as subsection (4), and a new
5 subsection (3) is added to that section, to read:
6 790.175 Transfer or sale of firearms; required
7 warnings; penalties.--
8 (3) A licensed dealer may not sell or deliver any
9 handgun to another person from inventory at a licensed
10 premises, other than to a licensed importer, licensed
11 manufacturer, licensed dealer, or licensed collector, until
12 advising the potential buyer or transferee of the availability
13 of a locking device that renders the handgun inoperable by an
14 unauthorized person if such device is properly installed and
15 engaged. The dealer must provide the potential buyer or
16 transferee the opportunity to purchase a locking device at the
17 time of the sale or transfer.
18 Section 8. This act shall take effect July 1, 1998.
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21 LEGISLATIVE SUMMARY
22 Creates the "Safe Storage of Firearms for the Protection
of Children Act." Prohibits an insurance company from
23 increasing certain insurance premiums if each firearm
stored in the home is secured with a locking device.
24 Provides for certain insurance premiums to be decreased
upon certification that all firearms owned by the insured
25 are secured with a locking device. Redefines the term
"securely encased" as used in ch. 790, F.S., to include a
26 firearm that is secured with an activated locking device.
Defines the term "locking device." Provides that if a
27 firearm is secured with a locking device, the firearm is
safely stored and it is not culpable negligence for the
28 firearm to be within the reach or easy access of a minor
under 16 years of age. Requires that a firearms dealer
29 advise a buyer or transferee that a locking device is
available for a handgun. Requires that the buyer or
30 transferee be given the opportunity to purchase a locking
device for the handgun.
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