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House Bill 0379

Florida House of Representatives - 1997 HB 379 By Representative Bronson 1 A bill to be entitled 2 An act relating to carrying of self-defense 3 weapons or devices; amending s. 790.001, F.S.; 4 providing an exception for certain self-defense 5 chemical sprays from the definition of "tear 6 gas gun," "chemical weapon," or "device"; 7 amending s. 790.01, F.S., relating to carrying 8 concealed weapons; providing that certain 9 chemical weapons or devices, or stun guns or 10 nonlethal electric weapons or devices, may be 11 carried openly or concealed for lawful 12 self-defense, without violating specified 13 prohibitions; amending s. 790.053, F.S., 14 relating to open carrying of weapons; providing 15 that certain chemical weapons or devices, or 16 stun guns or nonlethal electric weapons or 17 devices may be carried openly for lawful 18 self-defense, without violating specified 19 prohibitions; creating s. 790.054, F.S.; 20 defining the offense of knowingly and willfully 21 using a chemical weapon or device or stun gun 22 or nonlethal electric weapon or device against 23 a law enforcement officer engaged in the 24 performance of duty, and providing penalties 25 therefor; providing an effective date. 26 27 WHEREAS, the people of this state have a right to 28 defend themselves against criminal attack, and 29 WHEREAS, no law-abiding person should be denied the 30 right to carry and use nonlethal defensive weapons or devices 31 to repel criminal attack, and 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 379 166-165-97 1 WHEREAS, many people, particularly women, choose to 2 carry nonlethal weapons and devices designed for defensive use 3 against rape and other criminal violence, and 4 WHEREAS, it is unreasonable to punish law-abiding 5 people for carrying nonlethal defensive weapons for lawful 6 self-defense, NOW, THEREFORE, 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Paragraph (b) of subsection (3) of section 11 790.001, Florida Statutes, is amended to read: 12 790.001 Definitions.--The following words and phrases, 13 when used in this chapter, shall, for the purposes of this 14 chapter, have the meanings respectively ascribed to them in 15 this chapter, except where the context otherwise requires: 16 (3) 17 (b) "Tear gas gun," "chemical weapon," or "device" 18 shall apply to all weapons of such nature except those 19 self-defense chemical sprays designed to be carried in or 20 clipped to a woman's handbag or clothing or a man's pants or 21 coat pocket, or designed as a pocket pencil or pen, or 22 designed to be carried on a key ring and containing not more 23 than one-half ounce of chemical. 24 Section 2. Section 790.01, Florida Statutes, is 25 amended to read: 26 790.01 Carrying concealed weapons.-- 27 (1) A person who carries Whoever shall carry a 28 concealed weapon or electric weapon or device on or about his 29 or her person commits shall be guilty of a misdemeanor of the 30 first degree, punishable as provided in s. 775.082 or s. 31 775.083. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 379 166-165-97 1 (2) A person who carries Whoever shall carry a 2 concealed firearm on or about his or her person commits shall 3 be guilty of a felony of the third degree, punishable as 4 provided in s. 775.082, s. 775.083, or s. 775.084. 5 (3) Nothing in this section shall relate to persons 6 licensed as set forth in ss. 790.053 and 790.06. 7 (4) It is not a violation of this section for a person 8 to carry openly or concealed any chemical weapon or device 9 designed to be carried in or clipped to a woman's handbag or 10 clothing or a man's pants or coat pocket, or designed as a 11 pocket pencil or pen, or designed to be carried on a key ring, 12 or otherwise designed to be carried on or about the person for 13 defensive purposes as long as the chemical weapon or device is 14 carried for lawful self-defense. 15 (5) It is not a violation of this section for a person 16 to carry openly or concealed a stun gun or nonlethal electric 17 weapon or device designed solely for defensive purposes, which 18 weapon or device does not fire a dart or projectile, as long 19 as the stun gun or nonlethal electric weapon or device is 20 carried for lawful self-defense. 21 Section 3. Section 790.053, Florida Statutes, is 22 amended to read: 23 790.053 Open carrying of weapons.--Except as otherwise 24 provided by law, it shall be unlawful for any person to openly 25 carry on or about his or her person any firearm or electric 26 weapon or device; provided, however, that: 27 (1) A person may openly carry any chemical weapon or 28 device designed to be carried in or clipped to a woman's 29 handbag or clothing or a man's pants or coat pocket, or 30 designed as a pocket pencil or pen, or designed to be carried 31 on a key ring, or otherwise designed to be carried on or about 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 379 166-165-97 1 the person for defensive purposes as long as the chemical 2 weapon or device is carried for lawful self-defense. 3 (2) A person may openly carry a stun gun or nonlethal 4 electric weapon or device designed solely for defensive 5 purposes, which weapon does not fire a dart or projectile as 6 long as such weapon or device is carried for lawful 7 self-defense. 8 9 Any person violating this section commits shall be guilty of a 10 misdemeanor of the second degree, punishable as provided in s. 11 775.082 or s. 775.083. 12 Section 4. Effective October 1, 1997, and applicable 13 to offenses committed on or after that date, section 790.054, 14 Florida Statutes, is created to read: 15 790.054 Prohibited use of self-defense weapon or 16 device against law enforcement officer; 17 penalties.--Notwithstanding ss. 790.001(3)(b), 790.01, and 18 790.053, a person who knowingly and willfully uses any weapon 19 or device described in subsection (1) or subsection (2) 20 against a law enforcement officer engaged in the performance 21 of his or her duty commits a felony of the third degree, 22 punishable as provided in s. 775.082, s. 775.083, or s. 23 775.084. 24 (1) A chemical weapon or device designed to be carried 25 in or clipped to a woman's handbag or clothing or a man's 26 pants or coat pocket, or designed as a pocket pencil or pen, 27 or designed to be carried on a key ring, or otherwise designed 28 to be carried on or about the person for defensive purposes. 29 (2) A stun gun or nonlethal electric weapon or device 30 designed solely for defensive purposes, which weapon does not 31 fire a dart or projectile. 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 379 166-165-97 1 Section 5. Except as otherwise provided herein, this 2 act shall take effect upon becoming a law. 3 4 ***************************************** 5 HOUSE SUMMARY 6 Provides an exception for certain self-defense chemical 7 sprays from the definition of "tear gas gun," "chemical weapon," or "device." Provides that certain chemical 8 weapons or devices, or stun guns or nonlethal electric weapons or devices, may be carried openly or concealed 9 for lawful self-defense purposes, without violating specified prohibitions against carrying open or concealed 10 weapons. Defines the offense of knowingly and willfully using a chemical weapon or device or stun gun or 11 nonlethal electric weapon or device against a law enforcement officer engaged in the performance of duty, 12 and provides third-degree felony penalties therefor. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5