House Bill 3241c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3241
By the Committee on Law Enforcement & Public Safety and
Representatives Meek, Miller and Heyman
1 A bill to be entitled
2 An act relating to securing of firearms;
3 amending s. 790.001, F.S.; redefining the term
4 "securely encased" as used in ch. 790, F.S., to
5 include description of a firearm that is
6 secured with an activated locking device;
7 defining the term "locking device"; providing
8 that it is a third degree felony to knowingly
9 alter or remove a locking device from a firearm
10 without the owner's authorization, or to sell,
11 deliver, or possess a firearm if the locking
12 device has been altered or removed without the
13 owner's authorization; providing penalties;
14 amending s. 784.05, F.S.; providing that
15 specified provisions which prohibit a person
16 from exposing another person to personal injury
17 through culpable negligence by storing or
18 leaving a loaded firearm within reach or easy
19 access of a minor under 16 years of age do not
20 apply if the firearm was securely locked with a
21 locking device; amending s. 790.174, F.S.;
22 revising the provisions prescribing alternative
23 means for satisfying certain requirements for
24 lawfully storing or leaving a loaded firearm
25 within access of a minor; providing the
26 alternative that a locking device may be used
27 for purposes of lawfully storing a firearm
28 within access of a minor; removing the
29 alternative provision that a person could
30 satisfy such requirements by keeping the
31 firearm in a location which a reasonable person
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3241
604-131-98
1 would believe to be secure; providing penalties
2 for failure to store or leave the firearm in
3 the required manner, under specified
4 circumstances; providing an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Subsection (17) of section 790.001, Florida
9 Statutes, is amended, and subsection (19) is added to said
10 section, to read:
11 790.001 Definitions.--As used in this chapter, except
12 where the context otherwise requires:
13 (17) "Securely encased" means in a glove compartment,
14 whether or not locked; snapped in a holster; in a gun case,
15 whether or not locked; in a zippered gun case; or in a closed
16 box or container that which requires a lid or cover to be
17 opened for access; or secured with an activated locking
18 device.
19 (19) "Locking device" means a device that when
20 installed on a firearm and secured by means of a key or a
21 mechanically or electronically operated combination lock
22 prevents the firearm from being discharged without first
23 deactivating or removing the device by means of a key or a
24 mechanically or electronically operated combination lock.
25 Section 2. (1) A person may not knowingly alter or
26 remove a locking device from a firearm unless authorized to do
27 so by the owner of the firearm.
28 (2) A person may not knowingly sell, deliver, or
29 possess a firearm if the locking device has been altered or
30 removed without the authorization of the owner of the firearm.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3241
604-131-98
1 (3) A person who violates this section commits a
2 felony of the third degree, punishable as provided in section
3 775.082, section 775.083, or section 775.084, Florida
4 Statutes.
5 Section 3. Section 784.05, Florida Statutes, is
6 amended to read:
7 784.05 Culpable negligence.--
8 (1) Whoever, through culpable negligence, exposes
9 another person to personal injury commits a misdemeanor of the
10 second degree, punishable as provided in s. 775.082 or s.
11 775.083.
12 (2) Whoever, through culpable negligence, inflicts
13 actual personal injury on another commits a misdemeanor of the
14 first degree, punishable as provided in s. 775.082 or s.
15 775.083.
16 (3) Whoever violates subsection (1) by storing or
17 leaving a loaded firearm within the reach or easy access of a
18 minor commits, if the minor obtains the firearm and uses it to
19 inflict injury or death upon himself or herself or any other
20 person, a felony of the third degree, punishable as provided
21 in s. 775.082, s. 775.083, or s. 775.084. However, this
22 subsection does not apply:
23 (a) If the firearm was stored or left in a securely
24 locked box or container or in a location that which a
25 reasonable person would have believed to be secure, or was
26 securely locked with a trigger lock or a locking device;
27 (b) If the minor obtains the firearm as a result of an
28 unlawful entry by any person;
29 (c) To injuries resulting from target or sport
30 shooting accidents or hunting accidents; or
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3241
604-131-98
1 (d) To members of the Armed Forces, National Guard, or
2 State Militia, or to police or other law enforcement officers,
3 with respect to firearm possession by a minor which occurs
4 during or incidental to the performance of their official
5 duties.
6
7 When any minor child is accidentally shot by another family
8 member, no arrest shall be made pursuant to this subsection
9 prior to 7 days after the date of the shooting. With respect
10 to any parent or guardian of any deceased minor, the
11 investigating officers shall file all findings and evidence
12 with the state attorney's office with respect to violations of
13 this subsection. The state attorney shall evaluate such
14 evidence and shall take such action as he or she deems
15 appropriate under the circumstances and may file an
16 information against the appropriate parties.
17 (4) As used in this act, the term "minor" means any
18 person under the age of 16.
19 Section 4. Section 790.174, Florida Statutes, is
20 amended to read:
21 790.174 Safe storage of firearms required.--
22 (1) A person who stores or leaves, on a premise under
23 his or her control, a loaded firearm, as defined in s.
24 790.001, and who knows or reasonably should know that a minor
25 is likely to gain access to the firearm without the lawful
26 permission of the minor's parent or the person having charge
27 of the minor, or without the supervision required by law,
28 shall keep the firearm in a securely locked box or container
29 or in a location which a reasonable person would believe to be
30 secure or shall secure it with a trigger lock or a locking
31 device, except when the person is carrying the firearm on his
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3241
604-131-98
1 or her body or within such close proximity thereto that he or
2 she can retrieve and use it as easily and quickly as if he or
3 she carried it on his or her body.
4 (2) It is a misdemeanor of the second degree,
5 punishable as provided in s. 775.082 or s. 775.083, if a
6 person violates subsection (1) by failing to store or leave a
7 firearm in the required manner and as a result thereof a minor
8 gains access to the firearm, without the lawful permission of
9 the minor's parent or the person having charge of the minor,
10 and possesses or exhibits it, without the supervision required
11 by law:
12 (a) In a public place; or
13 (b) In a rude, careless, angry, or threatening manner
14 in violation of s. 790.10.
15
16 This subsection does not apply if the minor obtains the
17 firearm as a result of an unlawful entry by any person.
18 (3) As used in this act, the term "minor" means any
19 person under the age of 16.
20 Section 5. This act shall take effect October 1 of the
21 year in which enacted.
22
23
24
25
26
27
28
29
30
31
5