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House Bill 3241

Florida House of Representatives - 1998 HB 3241 By Representatives Meek and Miller 1 A bill to be entitled 2 An act relating to firearms; amending s. 3 790.001, F.S.; defining the term "locking 4 device"; amending s. 790.174, F.S.; providing 5 that a locking device may be used for the 6 purpose of lawfully storing a firearm within 7 access of a minor, as defined; requiring a 8 person to secure a firearm with a locking 9 device under specified circumstances when the 10 firearm is left or stored on premises where 11 such minor resides; providing penalties for 12 failure to store or leave the firearm in the 13 required manner, under specified circumstances; 14 creating s. 790.0657, F.S., relating to 15 purchase and delivery of handguns; providing 16 definitions; prohibiting a person who is not a 17 licensed firearms dealer from purchasing more 18 than one handgun within a 30-day period; 19 providing penalties; providing exceptions to 20 the limitation on the number of handguns 21 purchasable by nondealers within the 30-day 22 period; providing for special application 23 procedures under exceptional circumstances; 24 providing duties of the Department of Law 25 Enforcement and prospective purchasers; 26 providing for adoption of rules; providing for 27 nonapplicability of specified provisions to 28 certain persons or entities authorized or 29 licensed to perform law enforcement, 30 correctional, or private security duties; 31 providing for nonapplicability of the 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 provisions to purchase of antique firearms or 2 to replacement of stolen or lost handguns; 3 providing an effective date. 4 5 Be It Enacted by the Legislature of the State of Florida: 6 7 Section 1. Subsection (19) is added to section 8 790.001, Florida Statutes, to read: 9 790.001 Definitions.--As used in this chapter, except 10 where the context otherwise requires: 11 (19) "Locking device" means a device that when 12 installed on a firearm and secured by means of a key or a 13 mechanically or electronically operated combination lock 14 prevents the firearm from being discharged without first 15 deactivating or removing the device by means of a key or a 16 mechanically or electronically operated combination lock. 17 Section 2. Section 790.174, Florida Statutes, is 18 amended to read: 19 790.174 Safe storage of firearms required.-- 20 (1) A person who stores or leaves, on a premise under 21 his or her control, a loaded firearm, as defined in s. 22 790.001, and who knows or reasonably should know that a minor 23 is likely to gain access to the firearm without the lawful 24 permission of the minor's parent or the person having charge 25 of the minor, or without the supervision required by law, 26 shall keep the firearm in a securely locked box or container 27 or in a location that which a reasonable person would believe 28 to be secure or shall secure it with a trigger lock or a 29 locking device, except when the person is carrying the firearm 30 on his or her body or within such close proximity thereto that 31 he or she can retrieve and use it as easily and quickly as if 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 he or she carried it on his or her body. However, if the 2 person stores or leaves the firearm on any premises where the 3 person knows or reasonably should know that a minor is 4 temporarily or permanently residing, the person must in all 5 cases secure the firearm with an activated locking device, in 6 addition to keeping the firearm in a secure location, except 7 when the person is carrying the firearm on his or her body or 8 within such close proximity thereto that he or she can 9 retrieve it and use it as easily and quickly as if he or she 10 carried it on his or her body. 11 (2) It is a misdemeanor of the second degree, 12 punishable as provided in s. 775.082 or s. 775.083, if a 13 person violates subsection (1) by failing to store or leave a 14 firearm in the required manner and as a result thereof a minor 15 gains access to the firearm, without the lawful permission of 16 the minor's parent or the person having charge of the minor, 17 and possesses or exhibits it, without the supervision required 18 by law: 19 (a) In a public place; or 20 (b) In a rude, careless, angry, or threatening manner 21 in violation of s. 790.10. 22 23 This subsection does not apply if the minor obtains the 24 firearm as a result of an unlawful entry by any person. 25 (3) As used in this act, the term "minor" means any 26 person under the age of 16. 27 Section 3. Section 790.0657, Florida Statutes, is 28 created to read: 29 790.0657 Purchase and delivery of handguns; purchase 30 limited to one handgun per 30 days; exceptions; penalties.-- 31 (1) As used in this section, the term: 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 (a) "Handgun" means a firearm capable of being carried 2 and used by one hand, such as a pistol or revolver. 3 (b) "Purchase" means the transfer of money or other 4 valuable consideration to a retailer, as defined in s. 5 790.0655, except that the term "purchase" as used in this 6 section does not include the exchange or replacement of a 7 handgun by a retailer for a handgun purchased from such 8 retailer by the same person seeking the exchange or 9 replacement within the 30-day period immediately preceding the 10 date of exchange or replacement. The term "purchase" as used 11 in this section includes, but is not limited to, lawful 12 purchases pursuant to s. 790.065 of more than one handgun 13 within a 30-day period, by a person who is not a licensed 14 firearms dealer. 15 (2) Except as provided in this section, it is unlawful 16 for any person who is not a licensed firearms dealer to 17 purchase more than one handgun within any 30-day period. Any 18 person who violates this subsection commits a misdemeanor of 19 the first degree, punishable as provided in s. 775.082 or s. 20 775.083. 21 (a) Purchases in excess of one handgun within a 30-day 22 period may be made upon completion of a criminal history 23 record check, as required by s. 790.065, by special 24 application to the Department of Law Enforcement listing the 25 number and type of handguns to be purchased and transferred 26 for lawful business or personal use, in a collector series, 27 for collections, as a bulk purchase from estate sales, and for 28 similar purposes. Such applications shall be signed under oath 29 by the applicant on forms provided by the Department of Law 30 Enforcement, shall state the purpose for the purchase above 31 the limit, and shall require satisfactory proof of residency 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 and identity. Such application shall be in addition to the 2 firearms sales report required by the Federal Bureau of 3 Alcohol, Tobacco and Firearms. The executive director of the 4 Department of Law Enforcement shall adopt rules for the 5 implementation of an application process for purchases of 6 handguns above the limit. Upon being satisfied that these 7 requirements have been met, the Department of Law Enforcement 8 shall forthwith issue to the applicant a nontransferable 9 certificate which shall be valid for 7 days from the date of 10 issue. The certificate shall be surrendered to the dealer by 11 the prospective purchaser prior to the consummation of such 12 sale and shall be kept on file at the dealer's place of 13 business for inspection for a period of not less than 2 years. 14 Upon request of any local law enforcement agency, and pursuant 15 to its regulations, the department may certify such local law 16 enforcement agency to serve as its agent to receive 17 applications and, upon authorization by the department, issue 18 certificates pursuant to this section. Applications and 19 certificates issued under this section shall be maintained as 20 records as provided in s. 790.065. 21 (b) The provisions of this section do not apply to: 22 1. A law enforcement agency; 23 2. An agency duly authorized to perform law 24 enforcement duties; 25 3. State and local correctional facilities; 26 4. A private security agency licensed to do business 27 within the state; 28 5. The purchase of antique firearms as defined by s. 29 790.001(1); or 30 6. A person whose handgun is stolen or irretrievably 31 lost who deems it essential that such handgun be replaced 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 immediately. Such person may purchase another handgun, even 2 if the person has previously purchased a handgun within a 3 30-day period, provided: 4 (I) The person provides the firearms dealer with a 5 copy of the official police report or a summary thereof, on 6 forms provided by the Department of Law Enforcement, from the 7 law enforcement agency that took the report of the lost or 8 stolen handgun; 9 (II) The official police report or summary thereof 10 contains the name and address of the handgun owner, the 11 description of the handgun, the location of the loss or theft, 12 the date of the loss or theft, and the date the loss or theft 13 was reported to the law enforcement agency; and 14 (III) The date of the loss or theft as shown on the 15 official police report or summary thereof occurred within 30 16 days of the person's attempt to replace the handgun. The 17 firearms dealer shall attach a copy of the official police 18 report or summary thereof to the original copy of the firearms 19 transaction report completed for the transaction and retain it 20 for the period prescribed by the Department of Law 21 Enforcement. 22 Section 4. Section 790.065, Florida Statutes, reads: 23 790.065 Sale and delivery of firearms.-- 24 (1) No licensed importer, licensed manufacturer, or 25 licensed dealer shall sell or deliver from her or his 26 inventory at her or his licensed premises any firearm to 27 another person, other than a licensed importer, licensed 28 manufacturer, licensed dealer, or licensed collector, until 29 she or he has: 30 (a) Obtained a completed form from the potential buyer 31 or transferee, which form shall have been promulgated by the 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 Department of Law Enforcement and provided by the licensed 2 importer, licensed manufacturer, or licensed dealer, which 3 shall include the name, date of birth, gender, race, and 4 social security number or other identification number of such 5 potential buyer or transferee and has inspected proper 6 identification including an identification containing a 7 photograph of the potential buyer or transferee. 8 (b) Collected a fee from the potential buyer for 9 processing the criminal history check of the potential buyer. 10 The fee shall be $8. The Department of Law Enforcement shall, 11 by rule, establish procedures for the fees to be transmitted 12 by the licensee to the Department of Law Enforcement. All such 13 fees shall be deposited into the Department of Law Enforcement 14 Operating Trust Fund, but shall be segregated from all other 15 funds deposited into such trust fund and must be accounted for 16 separately. Such segregated funds must not be used for any 17 purpose other than the operation of the criminal history 18 checks required by this section. The Department of Law 19 Enforcement, each year prior to February 1, shall make a full 20 accounting of all receipts and expenditures of such funds to 21 the President of the Senate, the Speaker of the House of 22 Representatives, the majority and minority leaders of each 23 house of the Legislature, and the chairs of the appropriations 24 committees of each house of the Legislature. In the event 25 that the cumulative amount of funds collected exceeds the 26 cumulative amount of expenditures by more than $2.5 million, 27 excess funds may be used for the purpose of purchasing soft 28 body armor for law enforcement officers. 29 (c) Requested, by means of a toll-free telephone call, 30 the Department of Law Enforcement to conduct a check of the 31 information as reported and reflected in the Florida Crime 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 Information Center and National Crime Information Center 2 systems as of the date of the request. 3 (d) Received a unique approval number for that inquiry 4 from the Department of Law Enforcement, and recorded the date 5 and such number on the consent form. 6 7 However, if the person purchasing, or receiving delivery of, 8 the firearm is a holder of a valid concealed weapons or 9 firearms license pursuant to the provisions of s. 790.06 or 10 holds an active certification from the Criminal Justice 11 Standards and Training Commission as a "law enforcement 12 officer," a "correctional officer," or a "correctional 13 probation officer" as defined in s. 943.10(1), (2), (3), (6), 14 (7), (8), or (9), the provisions of this subsection do not 15 apply. 16 (2) Upon receipt of a request for a criminal history 17 record check, the Department of Law Enforcement shall, during 18 the licensee's call or by return call, forthwith: 19 (a) Review criminal history records to determine if 20 the potential buyer or transferee has been convicted of a 21 felony and is prohibited from receipt or possession of a 22 firearm pursuant to s. 790.23 or has had adjudication of guilt 23 withheld or imposition of sentence suspended on any felony 24 unless 3 years have elapsed since probation or any other 25 conditions set by the court have been fulfilled or expunction 26 has occurred. 27 (b) Inform the licensee making the inquiry either that 28 records demonstrate that the buyer or transferee is so 29 prohibited and provide the licensee a nonapproval number, or 30 provide the licensee with a unique approval number. 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 (c)1. Review any records available to it to determine 2 whether the potential buyer or transferee has been indicted or 3 has had an information filed against her or him for an offense 4 that is a felony under either state or federal law, or, as 5 mandated by federal law, has had an injunction for protection 6 against domestic violence entered against the potential buyer 7 or transferee under s. 741.30, has had an injunction for 8 protection against repeat violence entered against the 9 potential buyer or transferee under s. 784.046, or has been 10 arrested for a dangerous crime as specified in s. 11 907.041(4)(a) or for any of the following enumerated offenses: 12 a. Criminal anarchy under ss. 876.01 and 876.02. 13 b. Extortion under s. 836.05. 14 c. Explosives violations under s. 552.22(1) and (2). 15 d. Controlled substances violations under chapter 893. 16 e. Resisting an officer with violence under s. 843.01. 17 f. Weapons and firearms violations under this chapter. 18 g. Treason under s. 876.32. 19 h. Assisting self-murder under s. 782.08. 20 i. Sabotage under s. 876.38. 21 j. Stalking or aggravated stalking under s. 784.048. 22 23 If the review indicates any such indictment, information, or 24 arrest, the department shall provide to the licensee a 25 conditional nonapproval number. 26 2. Within 24 working hours, the department shall 27 determine the disposition of the indictment, information, or 28 arrest and inform the licensee as to whether the potential 29 buyer is prohibited from receiving or possessing a firearm. 30 For purposes of this paragraph, "working hours" means the 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding 2 legal holidays. 3 3. The office of the clerk of court, at no charge to 4 the department, shall respond to any department request for 5 data on the disposition of the indictment, information, or 6 arrest as soon as possible, but in no event later than 8 7 working hours. 8 4. The department shall determine as quickly as 9 possible within the allotted time period whether the potential 10 buyer is prohibited from receiving or possessing a firearm. 11 5. If the potential buyer is not so prohibited, or if 12 the department cannot determine the disposition information 13 within the allotted time period, the department shall provide 14 the licensee with a conditional approval number. 15 6. If the buyer is so prohibited, the conditional 16 nonapproval number shall become a nonapproval number. 17 7. The department shall continue its attempts to 18 obtain the disposition information and may retain a record of 19 all approval numbers granted without sufficient disposition 20 information. If the department later obtains disposition 21 information which indicates: 22 a. That the potential buyer is not prohibited from 23 owning a firearm, it shall treat the record of the transaction 24 in accordance with this section; or 25 b. That the potential buyer is prohibited from owning 26 a firearm, it shall immediately revoke the conditional 27 approval number and notify local law enforcement. 28 8. During the time that disposition of the indictment, 29 information, or arrest is pending and until the department is 30 notified by the potential buyer that there has been a final 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 disposition of the indictment, information, or arrest, the 2 conditional nonapproval number shall remain in effect. 3 (3) In the event of scheduled computer downtime, 4 electronic failure, or similar emergency beyond the control of 5 the Department of Law Enforcement, the department shall 6 immediately notify the licensee of the reason for, and 7 estimated length of, such delay. After such notification, the 8 department shall forthwith, and in no event later than the end 9 of the next business day of the licensee, either inform the 10 requesting licensee if its records demonstrate that the buyer 11 or transferee is prohibited from receipt or possession of a 12 firearm pursuant to Florida and Federal law or provide the 13 licensee with a unique approval number. Unless notified by the 14 end of said next business day that the buyer or transferee is 15 so prohibited, and without regard to whether she or he has 16 received a unique approval number, the licensee may complete 17 the sale or transfer and shall not be deemed in violation of 18 this section with respect to such sale or transfer. 19 (4)(a) Any records containing any of the information 20 set forth in subsection (1) pertaining to a buyer or 21 transferee who is not found to be prohibited from receipt or 22 transfer of a firearm by reason of Florida and federal law 23 which records are created by the Department of Law Enforcement 24 to conduct the criminal history record check shall be 25 confidential and exempt from the provisions of s. 119.07(1) 26 and may not be disclosed by the Department of Law Enforcement 27 or any officer or employee thereof to any person or to another 28 agency. The Department of Law Enforcement shall destroy any 29 such records forthwith after it communicates the approval and 30 nonapproval numbers to the licensee and, in any event, such 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 records shall be destroyed within 48 hours after the day of 2 the response to the licensee's request. 3 (b) Notwithstanding the provisions of this subsection, 4 the Department of Law Enforcement may maintain records of NCIC 5 transactions to the extent required by the Federal Government, 6 and may maintain a log of dates of requests for criminal 7 history records checks, unique approval and nonapproval 8 numbers, license identification numbers, and transaction 9 numbers corresponding to such dates for a period of not longer 10 than 2 years or as otherwise required by law. 11 (c) Nothing in this chapter shall be construed to 12 allow the State of Florida to maintain records containing the 13 names of purchasers or transferees who receive unique approval 14 numbers or to maintain records of firearm transactions. 15 (d) Any officer or employee, or former officer or 16 employee of the Department of Law Enforcement or law 17 enforcement agency who intentionally and maliciously violates 18 the provisions of this subsection commits a felony of the 19 third degree punishable as provided in s. 775.082 or s. 20 775.083. 21 (5) The Department of Law Enforcement shall establish 22 a toll-free telephone number which shall be operational 7 days 23 a week with the exception of Christmas Day and New Year's Day, 24 for a period of 12 hours a day beginning at 9 a.m. and ending 25 at 9 p.m., for purposes of responding to inquiries as 26 described in this section from licensed manufacturers, 27 licensed importers, and licensed dealers. The Department of 28 Law Enforcement shall employ and train such personnel as are 29 necessary expeditiously to administer the provisions of this 30 section. 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 (6) Any person who is denied the right to receive or 2 purchase a firearm as a result of the procedures established 3 by this section may request a criminal history records review 4 and correction in accordance with the rules promulgated by the 5 Department of Law Enforcement. 6 (7) It shall be unlawful for any licensed dealer, 7 licensed manufacturer, or licensed importer willfully and 8 intentionally to request criminal history record information 9 under false pretenses, or willfully and intentionally to 10 disseminate criminal history record information to any person 11 other than the subject of such information. Any person 12 convicted of a violation of this subsection commits a felony 13 of the third degree punishable as provided in s. 775.082 or s. 14 775.083. 15 (8) The Department of Law Enforcement shall promulgate 16 regulations to ensure the identity, confidentiality, and 17 security of all records and data provided pursuant to this 18 section. 19 (9) This section shall become effective at such time 20 as the Department of Law Enforcement has notified all licensed 21 importers, licensed manufacturers, and licensed dealers in 22 writing that the procedures and toll-free number described in 23 this section are operational. This section shall remain in 24 effect only during such times as the procedures described in 25 subsection (2) remain operational. 26 (10) A licensed importer, licensed manufacturer, or 27 licensed dealer is not required to comply with the 28 requirements of this section in the event of: 29 (a) Unavailability of telephone service at the 30 licensed premises due to the failure of the entity which 31 provides telephone service in the state, region, or other 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 geographical area in which the licensee is located to provide 2 telephone service to the premises of the licensee due to the 3 location of said premises; or the interruption of telephone 4 service by reason of hurricane, tornado, flood, natural 5 disaster, or other act of God, war, invasion, insurrection, 6 riot, or other bona fide emergency, or other reason beyond the 7 control of the licensee; or 8 (b) Failure of the Department of Law Enforcement to 9 comply with the requirements of subsections (2) and (3). 10 (11) Compliance with the provisions of this chapter 11 shall be a complete defense to any claim or cause of action 12 under the laws of any state for liability for damages arising 13 from the importation or manufacture, or the subsequent sale or 14 transfer to any person who has been convicted in any court of 15 a crime punishable by imprisonment for a term exceeding 1 16 year, of any firearm which has been shipped or transported in 17 interstate or foreign commerce. The Department of Law 18 Enforcement, its agents and employees shall not be liable for 19 any claim or cause of action under the laws of any state for 20 liability for damages arising from its actions in lawful 21 compliance with this section. 22 (12)(a) Any potential buyer or transferee who 23 willfully and knowingly provides false information or false or 24 fraudulent identification commits a felony of the third degree 25 punishable as provided in s. 775.082 or s. 775.083. 26 (b) Any licensed importer, licensed manufacturer, or 27 licensed dealer who violates the provisions of subsection (1) 28 commits a felony of the third degree punishable as provided in 29 s. 775.082 or s. 775.083. 30 (c) Any employee or agency of a licensed importer, 31 licensed manufacturer, or licensed dealer who violates the 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 provisions of subsection (1) commits a felony of the third 2 degree punishable as provided in s. 775.082 or s. 775.083. 3 (d) Any person who knowingly acquires a firearm 4 through purchase or transfer intended for the use of a person 5 who is prohibited by state or federal law from possessing or 6 receiving a firearm commits a felony of the third degree, 7 punishable as provided in s. 775.082 or s. 775.083. 8 (13) This section does not apply to employees of 9 sheriff's offices, municipal police departments, correctional 10 facilities or agencies, or other criminal justice or 11 governmental agencies when the purchases or transfers are made 12 on behalf of an employing agency for official law enforcement 13 purposes. 14 Section 5. This act shall take effect October 1 of the 15 year in which enacted. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3241 572-141A-98 1 ***************************************** 2 HOUSE SUMMARY 3 Defines the term "locking device" with respect to 4 specified provisions relating to firearms. Provides that a locking device may be used for the purpose of lawfully 5 storing a firearm within access of a minor under a specified age. Requires a person to secure a firearm with 6 a locking device under specified circumstances when the firearm is left or stored on premises where a minor 7 resides. Provides penalties for failure to store or leave the firearm in the required manner, under specified 8 circumstances. 9 Prohibits a person who is not a licensed firearms dealer 10 from purchasing more than one handgun within a 30-day period. Provides penalties. Provides definitions. 11 Provides exceptions to the limitation on the number of handguns purchasable by nondealers within the 30-day 12 period and provides for special application procedures. Prescribes duties of the Department of Law Enforcement 13 and prospective purchasers. Provides for adoption of rules. Provides for nonapplicability of specified 14 provisions to certain persons or entities authorized or licensed to perform law enforcement, correctional, or 15 private security duties, and provides for nonapplicability to purchase of antique firearms or 16 replacement of stolen or lost handguns. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 16