CODING: Words stricken are deletions; words underlined are additions.

House Bill 0379e1

CS/CS/HB 379, First Engrossed/ntc 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" or "chemical weapon or device"; 7 providing a definition of "self-defense 8 chemical spray"; amending s. 790.01, F.S., 9 relating to carrying concealed weapons; 10 providing that self-defense chemical sprays and 11 nonlethal stun guns and other nonlethal 12 electric weapons or devices may be lawfully 13 carried in a concealed manner in certain 14 circumstances; clarifying language; providing 15 for construction not to preclude criminal 16 prosecutions; amending s. 790.053, F.S., 17 relating to open carrying of weapons; providing 18 that self-defense chemical sprays and nonlethal 19 stun guns and other nonlethal electric weapons 20 or devices may be lawfully carried in an open 21 manner in certain circumstances; clarifying 22 language; creating s. 790.054, F.S.; defining 23 the offense of knowingly and willfully using 24 self-defense chemical sprays and nonlethal stun 25 guns and other nonlethal electric weapons or 26 devices against a law enforcement officer 27 engaged in official duties, and providing 28 penalties therefor; providing effective dates. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 1 CODING: Words stricken are deletions; words underlined are additions. CS/CS/HB 379, First Engrossed/ntc 1 Section 1. The introductory paragraph and paragraph 2 (b) of subsection (3) of section 790.001, Florida Statutes, 3 are amended to read: 4 790.001 Definitions.--As used in this chapter The 5 following words and phrases, when used in this chapter, shall, 6 for the purposes of this chapter, have the meanings 7 respectively ascribed to them in this chapter, except where 8 the context otherwise requires: 9 (3)(a) "Concealed weapon" means any dirk, metallic 10 knuckles, slungshot, billie, tear gas gun, chemical weapon or 11 device, or other deadly weapon carried on or about a person in 12 such a manner as to conceal the weapon from the ordinary sight 13 of another person. 14 (b) "Tear gas gun" or "chemical weapon or device" 15 means any weapon of such nature, except a device known as a 16 "self-defense chemical spray." "Self-defense chemical spray" 17 means a device carried solely for purposes of lawful 18 self-defense that is compact in size, designed to be carried 19 on or about the person, and contains not more than two ounces 20 of chemical "Tear gas gun," "chemical weapon," or "device" 21 shall apply to all weapons of such nature except those 22 designed to be carried in a woman's handbag or a man's pants 23 or coat pocket or designed as a pocket pencil or pen and 24 containing not more than one-half ounce of chemical. 25 (14)(b) "Remote Stun Gun" means any nonlethal device 26 with a tethered range not to exceed 16 feet and which shall 27 utilize an identification and tracking system which, upon use, 28 disperses coded material traceable to the purchaser through 29 records kept by the manufacturer on all remote stun guns and 30 all individual cartridges sold which information shall be made 31 available to any law enforcement agency upon request. 2 CODING: Words stricken are deletions; words underlined are additions. CS/CS/HB 379, First Engrossed/ntc 1 Section 2. Section 790.01, Florida Statutes, is 2 amended to read: 3 790.01 Carrying concealed weapons.-- 4 (1) Except as provided in subsection (4), a person who 5 carries Whoever shall carry a concealed weapon or electric 6 weapon or device on or about his or her person commits shall 7 be guilty of a misdemeanor of the first degree, punishable as 8 provided in s. 775.082 or s. 775.083. 9 (2) A person who carries Whoever shall carry a 10 concealed firearm on or about his or her person commits shall 11 be guilty of a felony of the third degree, punishable as 12 provided in s. 775.082, s. 775.083, or s. 775.084. 13 (3) This section does not apply to a person Nothing in 14 this section shall relate to persons licensed to carry a 15 concealed weapon or a concealed firearm pursuant to the 16 provisions of s. as set forth in ss. 790.053 and 790.06. 17 (4) It is not a violation of this section for a person 18 to carry for purposes of lawful self-defense, in a concealed 19 manner: 20 (a) A self-defense chemical spray. 21 (b) A nonlethal stun gun or remote stun gun or other 22 nonlethal electric weapon or device which does not fire a dart 23 or projectile and is designed solely for defensive purposes. 24 (5) This section does not preclude any prosecution for 25 the use of an electric weapon or device or remote stun gun or 26 self-defense chemical spray during the commission of any 27 criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 28 790.235, or for any other criminal offense. 29 Section 3. Section 790.053, Florida Statutes, is 30 amended to read: 31 790.053 Open carrying of weapons.-- 3 CODING: Words stricken are deletions; words underlined are additions. CS/CS/HB 379, First Engrossed/ntc 1 (1) Except as otherwise provided by law and in 2 subsection (2), it is shall be unlawful for any person to 3 openly carry on or about his or her person any firearm or 4 electric weapon or device. 5 (2) A person may openly carry, for purposes of lawful 6 self-defense: 7 (a) A self-defense chemical spray. 8 (b) A nonlethal stun gun or remote stun gun or other 9 nonlethal electric weapon or device which does not fire a dart 10 or projectile and is designed solely for defensive purposes; 11 provided, however, that a person may openly carry a stun gun 12 or nonlethal electric weapon or device designed solely for 13 defensive purposes, which weapon does not fire a dart or 14 projectile. 15 (3) Any person violating this section commits shall be 16 guilty of a misdemeanor of the second degree, punishable as 17 provided in s. 775.082 or s. 775.083. 18 Section 4. Effective October 1, 1997, and applicable 19 to offenses committed on or after that date, section 790.054, 20 Florida Statutes, is created to read: 21 790.054 Prohibited use of self-defense weapon or 22 device against law enforcement officer; penalties.--A person 23 who knowingly and willfully uses a self-defense chemical spray 24 or a nonlethal stun gun or other nonlethal electric weapon or 25 device or remote stun gun against a law enforcement officer 26 engaged in the performance of his or her duties commits a 27 felony of the third degree, punishable as provided in s. 28 775.082, s. 775.083, or s. 775.084. 29 Section 5. Except as otherwise provided herein, this 30 act shall take effect upon becoming a law. 31 4