CODING: Words stricken are deletions; words underlined are additions.House Bill 0379er
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1997 Legislature CS/CS/HB 379, Second Engrossed
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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" and "remote stun gun"; amending
9 s. 790.01, F.S., relating to carrying concealed
10 weapons; providing that self-defense chemical
11 sprays and nonlethal stun guns and other
12 nonlethal electric weapons or devices may be
13 lawfully carried in a concealed manner in
14 certain circumstances; clarifying language;
15 providing for construction not to preclude
16 criminal prosecutions; amending s. 790.053,
17 F.S., relating to open carrying of weapons;
18 providing that self-defense chemical sprays and
19 nonlethal stun guns and other nonlethal
20 electric weapons or devices may be lawfully
21 carried in an open manner in certain
22 circumstances; clarifying language; creating s.
23 790.054, F.S.; defining the offense of
24 knowingly and willfully using self-defense
25 chemical sprays and nonlethal stun guns and
26 other nonlethal electric weapons or devices
27 against a law enforcement officer engaged in
28 official duties, and providing penalties
29 therefor; providing effective dates.
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31 Be It Enacted by the Legislature of the State of Florida:
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1997 Legislature CS/CS/HB 379, Second Engrossed
1 Section 1. The introductory paragraph and paragraph
2 (b) of subsection (3) of section 790.001, Florida Statutes,
3 are amended, subsections (15) through (17) of said section are
4 renumbered as subsections (16) through (18), respectively, and
5 a new subsection (15) is added to said section, to read:
6 790.001 Definitions.--As used in this chapter The
7 following words and phrases, when used in this chapter, shall,
8 for the purposes of this chapter, have the meanings
9 respectively ascribed to them in this chapter, except where
10 the context otherwise requires:
11 (3)(a) "Concealed weapon" means any dirk, metallic
12 knuckles, slungshot, billie, tear gas gun, chemical weapon or
13 device, or other deadly weapon carried on or about a person in
14 such a manner as to conceal the weapon from the ordinary sight
15 of another person.
16 (b) "Tear gas gun" or "chemical weapon or device"
17 means any weapon of such nature, except a device known as a
18 "self-defense chemical spray." "Self-defense chemical spray"
19 means a device carried solely for purposes of lawful
20 self-defense that is compact in size, designed to be carried
21 on or about the person, and contains not more than two ounces
22 of chemical "Tear gas gun," "chemical weapon," or "device"
23 shall apply to all weapons of such nature except those
24 designed to be carried in a woman's handbag or a man's pants
25 or coat pocket or designed as a pocket pencil or pen and
26 containing not more than one-half ounce of chemical.
27 (15) "Remote stun gun" means any nonlethal device with
28 a tethered range not to exceed 16 feet and which shall utilize
29 an identification and tracking system which, upon use,
30 disperses coded material traceable to the purchaser through
31 records kept by the manufacturer on all remote stun guns and
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1997 Legislature CS/CS/HB 379, Second Engrossed
1 all individual cartridges sold which information shall be made
2 available to any law enforcement agency upon request.
3 Section 2. Section 790.01, Florida Statutes, is
4 amended to read:
5 790.01 Carrying concealed weapons.--
6 (1) Except as provided in subsection (4), a person who
7 carries Whoever shall carry a concealed weapon or electric
8 weapon or device on or about his or her person commits shall
9 be guilty of a misdemeanor of the first degree, punishable as
10 provided in s. 775.082 or s. 775.083.
11 (2) A person who carries Whoever shall carry a
12 concealed firearm on or about his or her person commits shall
13 be guilty of a felony of the third degree, punishable as
14 provided in s. 775.082, s. 775.083, or s. 775.084.
15 (3) This section does not apply to a person Nothing in
16 this section shall relate to persons licensed to carry a
17 concealed weapon or a concealed firearm pursuant to the
18 provisions of s. as set forth in ss. 790.053 and 790.06.
19 (4) It is not a violation of this section for a person
20 to carry for purposes of lawful self-defense, in a concealed
21 manner:
22 (a) A self-defense chemical spray.
23 (b) A nonlethal stun gun or remote stun gun or other
24 nonlethal electric weapon or device which does not fire a dart
25 or projectile and is designed solely for defensive purposes.
26 (5) This section does not preclude any prosecution for
27 the use of an electric weapon or device or remote stun gun or
28 self-defense chemical spray during the commission of any
29 criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
30 790.235, or for any other criminal offense.
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1997 Legislature CS/CS/HB 379, Second Engrossed
1 Section 3. Section 790.053, Florida Statutes, is
2 amended to read:
3 790.053 Open carrying of weapons.--
4 (1) Except as otherwise provided by law and in
5 subsection (2), it is shall be unlawful for any person to
6 openly carry on or about his or her person any firearm or
7 electric weapon or device.
8 (2) A person may openly carry, for purposes of lawful
9 self-defense:
10 (a) A self-defense chemical spray.
11 (b) A nonlethal stun gun or remote stun gun or other
12 nonlethal electric weapon or device which does not fire a dart
13 or projectile and is designed solely for defensive purposes;
14 provided, however, that a person may openly carry a stun gun
15 or nonlethal electric weapon or device designed solely for
16 defensive purposes, which weapon does not fire a dart or
17 projectile.
18 (3) Any person violating this section commits shall be
19 guilty of a misdemeanor of the second degree, punishable as
20 provided in s. 775.082 or s. 775.083.
21 Section 4. Effective October 1, 1997, and applicable
22 to offenses committed on or after that date, section 790.054,
23 Florida Statutes, is created to read:
24 790.054 Prohibited use of self-defense weapon or
25 device against law enforcement officer; penalties.--A person
26 who knowingly and willfully uses a self-defense chemical spray
27 or a nonlethal stun gun or other nonlethal electric weapon or
28 device or remote stun gun against a law enforcement officer
29 engaged in the performance of his or her duties commits a
30 felony of the third degree, punishable as provided in s.
31 775.082, s. 775.083, or s. 775.084.
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1997 Legislature CS/CS/HB 379, Second Engrossed
1 Section 5. Except as otherwise provided herein, this
2 act shall take effect upon becoming a law.
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