Senate Bill 0662
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s0600-98
s0662
Florida Senate - 1998 SB 662
By Senator Turner
36-681-98 See HB 3315
1 A bill to be entitled
2 An act relating to weapons and firearms;
3 amending s. 790.001, F.S.; revising a
4 definition; amending s. 790.06, F.S.; revising
5 conditions precedent to the issuance of a
6 license to carry a concealed weapon or firearm;
7 requiring the denial or revocation of a license
8 under specified circumstances; providing an
9 additional condition under which a license
10 shall be suspended or revoked pursuant to ch.
11 120, F.S.; expanding provisions relating to
12 areas upon which concealed weapons or firearms
13 shall not be carried; increasing the penalty
14 for violation; amending s. 790.065, F.S.,
15 relating to sale and delivery of firearms;
16 including a specified misdemeanor penalty
17 within conditions which constitute conditional
18 nonapproval of a licensee; providing for
19 suspension of a specified time limitation under
20 certain conditions; revising procedure to
21 provide for issuance of a nonapproval number to
22 potential buyers prohibited from owning a
23 firearm; providing a time limit within which
24 specified records shall be destroyed; repealing
25 s. 790.065(13), F.S., as created by chapter
26 89-191, Laws of Florida; nullifying the
27 scheduled repeal of s. 790.065, F.S., on the
28 effective date of federal law which provides
29 access to national criminal history information
30 and requires national criminal history checks
31 on potential buyers or transferees on firearms;
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Florida Senate - 1998 SB 662
36-681-98 See HB 3315
1 repealing s. 790.065(14), F.S., as created by
2 chapter 93-197, Laws of Florida; nullifying the
3 scheduled repeal of s. 790.065, F.S., on
4 October 1, 1999; amending s. 790.0655, F.S.;
5 revising provisions relating to the mandatory
6 3-day waiting period between the purchase and
7 delivery of a handgun; providing a penalty;
8 creating s. 790.0657, F.S.; providing for
9 regulation of the sale of firearms at gun
10 shows; providing definitions; requiring that
11 persons promoting the sale of firearms in the
12 state through gun shows register with the
13 Florida Department of Law Enforcement;
14 requiring the promoter of any gun show at which
15 firearms are being sold to be a firearms
16 dealer; requiring all sales and transfers of
17 firearms at a gun show to be subject to
18 background check provisions of s. 790.065,
19 F.S.; providing a first-degree misdemeanor
20 penalty for the sale or transfer of a firearm
21 within 1,000 feet of a gun show by specified
22 unauthorized persons; requiring gun show
23 promoters to pay a fee to defray the cost of
24 firearm purchase program services; providing an
25 appropriation to fund such services; amending
26 s. 790.08, F.S.; authorizing the submission of
27 seized handguns to the Florida Department of
28 Law Enforcement; requiring the department to
29 forward serial numbers of seized handguns to
30 the Federal Bureau of Alcohol, Tobacco, and
31 Firearms for specified tracing and
2
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Florida Senate - 1998 SB 662
36-681-98 See HB 3315
1 identification purposes; amending s. 790.10,
2 F.S.; increasing the penalty for improper
3 exhibition of dangerous weapons or firearms;
4 amending s. 790.115, F.S., relating to the
5 prohibition against possessing or discharging
6 weapons or firearms on school property;
7 clarifying language relative to a specified
8 exception; amending s. 790.17, F.S.; providing
9 that a person may not knowingly or willfully
10 rent, barter, lend, or give a firearm to a
11 minor; providing a penalty; increasing the
12 penalty for sale or transfer of a firearm to a
13 minor; amending s. 790.22, F.S.; revising
14 penalty requirements for offenses involving
15 possession of a firearm by a minor under 18
16 years of age; amending s. 790.23, F.S.;
17 providing an additional condition which
18 constitutes unlawful ownership or possession of
19 specified firearms or weapons; amending s.
20 790.25, F.S.; providing additional exclusions
21 from the protections of provisions governing
22 lawful ownership, possession, and use of
23 firearms and other weapons; including
24 correctional officers among persons who may
25 lawfully own, possess, and use firearms and
26 other weapons; amending s. 790.256, F.S.;
27 requiring the Department of Children and Family
28 Services to prepare specified public service
29 announcements; amending s. 790.27, F.S.;
30 increasing the penalty for selling, delivering,
31 or possessing any firearm on which the
3
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Florida Senate - 1998 SB 662
36-681-98 See HB 3315
1 manufacturer's or importer's serial number has
2 been unlawfully altered or removed; amending s.
3 790.33, F.S.; authorizing the option of any
4 county to require handgun registration and
5 reporting of handgun title transfers; providing
6 an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (17) of section 790.001, Florida
11 Statutes, is amended to read:
12 790.001 Definitions.--As used in this chapter, except
13 where the context otherwise requires:
14 (17) "Securely encased" means in a locked glove
15 compartment, whether or not locked; snapped in a holster; in a
16 locked gun case, whether or not locked; in a zippered gun
17 case; or in a locked closed box or container which requires a
18 lid or cover to be opened for access.
19 Section 2. Subsections (2), (3), (10), and (12) of
20 section 790.06, Florida Statutes, are amended to read:
21 790.06 License to carry concealed weapon or firearm.--
22 (2) The Department of State shall issue a license if
23 the applicant:
24 (a) Is a resident of the United States or is a
25 consular security official of a foreign government that
26 maintains diplomatic relations and treaties of commerce,
27 friendship, and navigation with the United States and is
28 certified as such by the foreign government and by the
29 appropriate embassy in this country;
30 (b) Is 21 years of age or older;
31
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Florida Senate - 1998 SB 662
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1 (c) Does not suffer from a physical infirmity which
2 prevents the safe handling of a weapon or firearm;
3 (d) Is not ineligible to possess a firearm pursuant to
4 s. 790.23 by virtue of having been convicted of a felony or of
5 a misdemeanor crime of domestic violence;
6 (e) Has not been committed for the abuse of a
7 controlled substance or been found guilty of a crime under the
8 provisions of chapter 893 or similar laws of any other state
9 relating to controlled substances within a 3-year period
10 immediately preceding the date on which the application is
11 submitted;
12 (f) Does not chronically and habitually use alcoholic
13 beverages or other substances to the extent that his or her
14 normal faculties are impaired. It shall be presumed that an
15 applicant chronically and habitually uses alcoholic beverages
16 or other substances to the extent that his or her normal
17 faculties are impaired if the applicant has been committed
18 under chapter 397 or under the provisions of former chapter
19 396 or has been convicted under s. 790.151 or has been deemed
20 a habitual offender under s. 856.011(3), or has had two or
21 more convictions under s. 316.193 or similar laws of any other
22 state, within the 3-year period immediately preceding the date
23 on which the application is submitted;
24 (g) Desires a legal means to carry a concealed weapon
25 or firearm for lawful self-defense;
26 (h) Demonstrates competence with a firearm by any one
27 of the following:
28 1. Completion of any hunter education or hunter safety
29 course approved by the Game and Fresh Water Fish Commission or
30 a similar agency of another state;
31
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Florida Senate - 1998 SB 662
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1 2. Completion of any National Rifle Association
2 firearms safety or training course;
3 3. Completion of any firearms safety or training
4 course or class available to the general public offered by a
5 law enforcement, junior college, college, or private or public
6 institution or organization or firearms training school,
7 utilizing instructors certified by the National Rifle
8 Association, Criminal Justice Standards and Training
9 Commission, or the Department of State;
10 4. Completion of any law enforcement firearms safety
11 or training course or class offered for security guards,
12 investigators, special deputies, or any division or
13 subdivision of law enforcement or security enforcement;
14 5. Presents evidence of equivalent experience with a
15 firearm through participation in organized shooting
16 competition or military service;
17 6. Is licensed or has been licensed to carry a firearm
18 in this state or a county or municipality of this state,
19 unless such license has been revoked for cause; or
20 7. Completion of any firearms training or safety
21 course or class conducted by a state-certified or National
22 Rifle Association certified firearms instructor;
23
24 A photocopy of a certificate of completion of any of the
25 courses or classes; or an affidavit from the instructor,
26 school, club, organization, or group that conducted or taught
27 said course or class attesting to the completion of the course
28 or class by the applicant; or a copy of any document which
29 shows completion of the course or class or evidences
30 participation in firearms competition shall constitute
31 evidence of qualification under this paragraph;
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Florida Senate - 1998 SB 662
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1 (i) Has not been adjudicated an incapacitated person
2 under s. 744.331, or similar laws of any other state, unless 5
3 years have elapsed since the applicant's restoration to
4 capacity by court order;
5 (j) Has not been committed to a mental institution
6 under chapter 394, or similar laws of any other state, unless
7 the applicant produces a certificate from a licensed
8 psychiatrist that he or she has not suffered from disability
9 for at least 5 years prior to the date of submission of the
10 application; and
11 (k) Has not had adjudication of guilt withheld or
12 imposition of sentence suspended on any felony or on any
13 misdemeanor crime of domestic violence unless 3 years have
14 elapsed since probation or any other conditions set by the
15 court have been fulfilled, or the record has been sealed or
16 expunged.
17 (3) The Department of State shall may deny a license
18 if the applicant has been found guilty of one or more crimes
19 of violence constituting a misdemeanor unless 3 years have
20 elapsed since probation or any other conditions set by the
21 court have been fulfilled, or the record has been sealed or
22 expunged, and shall or may revoke a license if the licensee
23 has been found guilty of one or more crimes of violence within
24 the preceding 3 years. The department shall, upon
25 notification by a law enforcement agency, a court, or the
26 Florida Department of Law Enforcement and subsequent written
27 verification, suspend a license or the processing of an
28 application for a license if the licensee or applicant is
29 arrested or formally charged with a crime which would
30 disqualify such person from having a license under this
31 section, until final disposition of the case.
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Florida Senate - 1998 SB 662
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1 (10) A license issued under this section shall be
2 suspended or revoked pursuant to chapter 120 if the licensee:
3 (a) Is found to be ineligible under the criteria set
4 forth in subsection (2);
5 (b) Develops or sustains a physical infirmity which
6 prevents the safe handling of a weapon or firearm;
7 (c) Is convicted of a felony or of a misdemeanor crime
8 of domestic violence which would make the licensee ineligible
9 to possess a firearm pursuant to s. 790.23;
10 (d) Is found guilty of a crime under the provisions of
11 chapter 893, or similar laws of any other state, relating to
12 controlled substances;
13 (e) Is committed as a substance abuser under chapter
14 397, or is deemed a habitual offender under s. 856.011(3), or
15 similar laws of any other state;
16 (f) Is convicted of a second violation of s. 316.193,
17 or a similar law of another state, within 3 years of a
18 previous conviction of such section, or similar law of another
19 state, even though the first violation may have occurred prior
20 to the date on which the application was submitted;
21 (g) Is adjudicated an incapacitated person under s.
22 744.331, or similar laws of any other state; or
23 (h) Is committed to a mental institution under chapter
24 394, or similar laws of any other state.
25 (12) No license issued pursuant to this section shall
26 authorize any person to carry a concealed weapon or firearm
27 into any place of nuisance as defined in s. 823.05; any
28 police, sheriff, or highway patrol station; any detention
29 facility, prison, or jail; any courthouse; any courtroom,
30 except that nothing in this section would preclude a judge
31 from carrying a concealed weapon or determining who will carry
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Florida Senate - 1998 SB 662
36-681-98 See HB 3315
1 a concealed weapon in his or her courtroom; any polling place;
2 any meeting of the governing body of a county, public school
3 district, municipality, or special district; any meeting of
4 the Legislature or a committee thereof; any school, college,
5 or professional athletic event not related to firearms; any
6 school administration building; any portion of an
7 establishment licensed to dispense alcoholic beverages for
8 consumption on the premises, which portion of the
9 establishment is primarily devoted to such purpose; any
10 elementary or secondary school facility; any area technical
11 center; any college or university facility unless the licensee
12 is a registered student, employee, or faculty member of such
13 college or university and the weapon is a stun gun or
14 nonlethal electric weapon or device designed solely for
15 defensive purposes and the weapon does not fire a dart or
16 projectile; inside the passenger terminal and sterile area of
17 any airport, provided that no person shall be prohibited from
18 carrying any legal firearm into the terminal, which firearm is
19 encased for shipment for purposes of checking such firearm as
20 baggage to be lawfully transported on any aircraft; any public
21 property controlled by local government, other than the
22 right-of-way of streets, roads, or highways, where the local
23 government prominently displays a sign which indicates that
24 the carrying of a concealed weapon or firearm on such property
25 is prohibited; or any place where the carrying of firearms is
26 prohibited by federal law. Any person who willfully violates
27 any provision of this subsection commits a felony misdemeanor
28 of the third second degree, punishable as provided in s.
29 775.082, or s. 775.083, or s. 775.084.
30
31
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Florida Senate - 1998 SB 662
36-681-98 See HB 3315
1 Section 3. Paragraphs (a) and (c) of subsection (2)
2 and paragraphs (a), (c), and (d) of subsection (4) of section
3 790.065, Florida Statutes, are amended to read:
4 790.065 Sale and delivery of firearms.--
5 (2) Upon receipt of a request for a criminal history
6 record check, the Department of Law Enforcement shall, during
7 the licensee's call or by return call, forthwith:
8 (a) Review criminal history records to determine if
9 the potential buyer or transferee has been convicted of a
10 felony or of a misdemeanor crime of domestic violence and is
11 prohibited from receipt or possession of a firearm pursuant to
12 s. 790.23 or has had adjudication of guilt withheld or
13 imposition of sentence suspended on any felony or on any
14 misdemeanor crime of domestic violence unless 3 years have
15 elapsed since probation or any other conditions set by the
16 court have been fulfilled or expunction has occurred.
17 (c)1. Review any records available to it to determine
18 whether the potential buyer or transferee has been indicted or
19 has had an information filed against her or him for an offense
20 that is a felony or that is a misdemeanor crime of domestic
21 violence under either state or federal law, or, as mandated by
22 federal law, has had an injunction for protection against
23 domestic violence entered against the potential buyer or
24 transferee under s. 741.30, has had an injunction for
25 protection against repeat violence entered against the
26 potential buyer or transferee under s. 784.046, or has been
27 arrested for a dangerous crime as specified in s.
28 907.041(4)(a) or for any of the following enumerated offenses:
29 a. Criminal anarchy under ss. 876.01 and 876.02.
30 b. Extortion under s. 836.05.
31 c. Explosives violations under s. 552.22(1) and (2).
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Florida Senate - 1998 SB 662
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1 d. Controlled substances violations under chapter 893.
2 e. Resisting an officer with violence under s. 843.01.
3 f. Weapons and firearms violations under this chapter.
4 g. Treason under s. 876.32.
5 h. Assisting self-murder under s. 782.08.
6 i. Sabotage under s. 876.38.
7 j. Stalking or aggravated stalking under s. 784.048.
8
9 If the review indicates any such indictment, information, or
10 arrest, the department shall provide to the licensee a
11 conditional nonapproval number.
12 2. Within 24 working hours, the department shall
13 determine the disposition of the indictment, information, or
14 arrest and inform the licensee as to whether the potential
15 buyer is prohibited from receiving or possessing a firearm.
16 For purposes of this paragraph, "working hours" means the
17 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding
18 legal holidays.
19 3. The office of the clerk of court, at no charge to
20 the department, shall respond to any department request for
21 data on the disposition of the indictment, information, or
22 arrest as soon as possible, but in no event later than 8
23 working hours.
24 4. The department shall determine as quickly as
25 possible within the allotted time period whether the potential
26 buyer is prohibited from receiving or possessing a firearm.
27 5. If the potential buyer is not so prohibited, the
28 department shall provide the licensee with a conditional
29 approval number. or
30 6. If the department cannot determine the disposition
31 information within the allotted time period, or if the
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Florida Senate - 1998 SB 662
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1 department cannot determine compliance with s. 741.30(4), the
2 time limitation prescribed by this section may be suspended
3 until receipt of the final disposition or proof of restoration
4 of civil and firearm rights the department shall provide the
5 licensee with a conditional approval number.
6 7.6. If the buyer is so prohibited, the conditional
7 nonapproval number shall become a nonapproval number.
8 8.7. The department shall continue its attempts to
9 obtain the disposition information and may retain a record of
10 all approval numbers granted without sufficient disposition
11 information. If the department later obtains disposition
12 information which indicates:
13 a. That the potential buyer is not prohibited from
14 owning a firearm, it shall treat the record of the transaction
15 in accordance with this section; or
16 b. That the potential buyer is prohibited from owning
17 a firearm, it shall provide the licensee with a nonapproval
18 number immediately revoke the conditional approval number and
19 notify local law enforcement.
20 9.8. During the time that disposition of the
21 indictment, information, or arrest is pending and until the
22 department is notified by the potential buyer that there has
23 been a final disposition of the indictment, information, or
24 arrest, the conditional nonapproval number shall remain in
25 effect.
26 (4)(a) Any records containing any of the information
27 set forth in subsection (1) pertaining to a buyer or
28 transferee who is not found to be prohibited from receipt or
29 transfer of a firearm by reason of Florida and federal law
30 which records are created by the Department of Law Enforcement
31 to conduct the criminal history record check shall be
12
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1 confidential and exempt from the provisions of s. 119.07(1)
2 and may not be disclosed by the Department of Law Enforcement
3 or any officer or employee thereof to any person or to another
4 agency. The Department of Law Enforcement shall destroy any
5 such records forthwith after it communicates the approval and
6 nonapproval numbers to the licensee and, in any event, such
7 records shall be destroyed within 30 days 48 hours after the
8 day of the response to the licensee's request.
9 (c) Nothing in this chapter shall be construed to
10 allow the State of Florida to maintain records containing the
11 names of purchasers or transferees who receive unique approval
12 numbers or to maintain records of firearm transactions beyond
13 the 30-day period provided in paragraph (a).
14 (d) Any officer or employee, or former officer or
15 employee of the Department of Law Enforcement or law
16 enforcement agency who intentionally and maliciously violates
17 the provisions of this subsection commits a felony of the
18 third degree punishable as provided in s. 775.082 or s.
19 775.083.
20 Section 4. Subsection (13) of section 790.065, Florida
21 Statutes, as created by chapter 89-191, Laws of Florida, is
22 repealed.
23 Section 5. Subsection (14) of section 790.065, Florida
24 Statutes, as created by chapter 93-197, Laws of Florida, is
25 repealed.
26 Section 6. Section 790.0655, Florida Statutes, is
27 amended to read:
28 790.0655 Purchase and delivery of handguns; mandatory
29 waiting period; exceptions; penalties.--
30 (1)(a) There shall be a mandatory 3-day waiting
31 period, which shall be 3 days, excluding weekends and legal
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Florida Senate - 1998 SB 662
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1 holidays, between the purchase and the delivery at retail of
2 any handgun, whether at retail or through private sale at a
3 gun show, as defined in s. 790.0657. "Purchase" means the
4 transfer of money or other valuable consideration to the
5 retailer. "Handgun" means a firearm capable of being carried
6 and used by one hand, such as a pistol or revolver. "Retailer"
7 means and includes every person engaged in the business of
8 making sales at retail or for distribution, or use, or
9 consumption, or storage to be used or consumed in this state,
10 as defined in s. 212.02(13)(14).
11 (b) Records of handgun sales must be available for
12 inspection by any law enforcement agency, as defined in s.
13 934.02, during normal business hours.
14 (2) The 3-day waiting period shall not apply in the
15 following circumstances:
16 (a) When a handgun is being purchased by a holder of a
17 concealed weapons permit as defined in s. 790.06.
18 (b) To a trade-in of another handgun.
19 (3) It is a felony of the third degree, punishable as
20 provided in s. 775.082, s. 775.083, or s. 775.084:
21 (a) For any retailer, or any employee or agent of a
22 retailer, or any person offering a handgun for sale at a gun
23 show, as defined in s. 790.0657, to deliver a handgun before
24 the expiration of the 3-day waiting period, subject to the
25 exceptions provided in subsection (2).
26 (b) For a purchaser to obtain delivery of a handgun by
27 fraud, false pretense, or false representation.
28 Section 7. Section 790.0657, Florida Statutes, is
29 created to read:
30 790.0657 Gun shows; definitions; regulation;
31 penalty.--
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Florida Senate - 1998 SB 662
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1 (1) For the purpose of this section, the following
2 terms have the following meanings:
3 (a) "Firearms dealer" means any person licensed as a
4 firearms dealer pursuant to 18 U.S.C. ss. 921 et. seq.
5 (b) "Gun show" means any gathering or exhibition
6 conducted by a firearms dealer for the purpose of exchanging,
7 selling, or trading firearms, which gathering or exhibition is
8 open to the public and is not conducted on the permanent
9 premises of a firearms dealer.
10 (c) "Gun show promoter" means a firearms dealer who
11 conducts Florida criminal history background checks prior to
12 the sale or transfer of any firearm at a gun show as required
13 under subsection (3).
14 (2) The promoter of any gun show at which firearms are
15 being sold must be a firearms dealer. Any person promoting the
16 sale of firearms in the state through gun shows must register
17 with the Florida Department of Law Enforcement.
18 (3) Every sale and transfer of a firearm at a gun show
19 must be conducted by the promoter of the gun show in
20 accordance with the background check provisions of s. 790.065.
21 (4) A person who participates in the sale or transfer
22 of a firearm within 1,000 feet of a gun show and who is not
23 authorized by the promoter of the gun show to conduct sales at
24 the gun show commits a misdemeanor of the first degree,
25 punishable as provided in s. 775.082 or s. 775.083. This
26 subsection does not apply to sales conducted on private real
27 property by the owner of such property or by a person whose
28 presence on such property has been authorized, licensed, or
29 invited by the owner.
30 (5) The Florida Department of Law Enforcement shall
31 provide firearm purchase program services at designated gun
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1 shows throughout the year. Each gun show promoter shall
2 provide full cooperation to the department and shall pay a fee
3 to be set by the department to defray the cost of such
4 services.
5 Section 8. There is hereby appropriated from the
6 General Revenue Fund to the Florida Department of Law
7 Enforcement the sum of $607,596 for the purpose of funding
8 firearm purchase program services at gun shows as provided in
9 s. 790.0657, Florida Statutes, as created by this act.
10 Section 9. Subsection (1) of section 790.08, Florida
11 Statutes, is amended to read:
12 790.08 Taking possession of weapons and arms; reports;
13 disposition; custody.--
14 (1) Every officer making an arrest under s. 790.07, or
15 under any other law or municipal ordinance within the state,
16 shall take possession of any weapons, electric weapons or
17 devices, or arms mentioned in s. 790.07 found upon the person
18 arrested and deliver them to the sheriff of the county, or the
19 chief of police of the municipality wherein the arrest is
20 made, who shall retain the same until after the trial of the
21 person arrested. The sheriff of the county or the chief of
22 police of the municipality may submit all handguns to the
23 Florida Department of Law Enforcement for entry into the
24 database of the DRUGFIRE program. For any handgun submitted,
25 the Florida Department of Law Enforcement shall forward the
26 serial number of such handgun to the Federal Bureau of
27 Alcohol, Tobacco and Firearms National Tracing Center to
28 identify the movement of handguns recovered, or otherwise used
29 in illicit activities. The Florida Department of Law
30 Enforcement is responsible for returning all submitted
31
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1 handguns to the proper local law enforcement authority for
2 compliance with the remaining provisions of this section.
3 Section 10. Section 790.10, Florida Statutes, is
4 amended to read:
5 790.10 Improper exhibition of dangerous weapons or
6 firearms.--If any person having or carrying any dirk, sword,
7 sword cane, firearm, electric weapon or device, or other
8 weapon shall, in the presence of one or more persons, exhibit
9 the same in a rude, careless, angry, or threatening manner,
10 not in necessary self-defense, the person so offending shall
11 be guilty of a felony misdemeanor of the third first degree,
12 punishable as provided in s. 775.082, or s. 775.083, or s.
13 775.084.
14 Section 11. Paragraphs (a), (c), (d), and (e) of
15 subsection (2) and subsection (3) of section 790.115, Florida
16 Statutes, are amended to read:
17 790.115 Possessing or discharging weapons or firearms
18 on school property prohibited; penalties; exceptions.--
19 (2)(a) A person shall not possess any firearm,
20 electric weapon or device, destructive device, or other
21 weapon, including a razor blade, box cutter, or knife, except
22 as authorized in support of school-sanctioned activities, on
23 the property of any school, school bus, or school bus stop;
24 however, a person may carry a firearm:
25 1. In a case to a firearms program, class or function
26 which has been approved in advance by the principal or chief
27 administrative officer of the school as a program or class to
28 which firearms could be carried;
29 2. In a case to a vocational school having a firearms
30 training range; or
31
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1 3. In a vehicle pursuant to s. 790.25(5) if the
2 firearm is securely encased; except that school districts may
3 adopt written and published policies that waive the exception
4 in this subparagraph for purposes of student and campus
5 parking privileges.
6
7 For the purposes of this section, "school" means any
8 preschool, elementary school, middle school, junior high
9 school, secondary school, vocational school, or postsecondary
10 school, whether public or nonpublic.
11 (c)1. A person who willfully and knowingly possesses
12 any firearm in violation of this subsection commits a felony
13 of the third degree, punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084.
15 2. A person who stores or leaves a loaded firearm
16 within the reach or easy access of a minor who obtains the
17 firearm and commits a violation of subparagraph 1. commits a
18 misdemeanor of the second degree, punishable as provided in s.
19 775.082 or s. 775.083; except that this does not apply if the
20 firearm was stored or left in a securely locked box or
21 container or in a location which a reasonable person would
22 have believed to be secure, or was securely locked with a
23 firearm-mounted push-button combination lock or a trigger
24 lock; if the minor obtains the firearm as a result of an
25 unlawful entry by any person; or to members of the Armed
26 Forces, National Guard, or State Militia, or to police or
27 other law enforcement officers, with respect to firearm
28 possession by a minor which occurs during or incidental to the
29 performance of their official duties.
30 (d) A person who discharges any weapon or firearm
31 while in violation of paragraph (a), unless discharged for
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1 lawful defense of himself or herself or another or for a
2 lawful purpose, commits a felony of the second degree,
3 punishable as provided in s. 775.082, s. 775.083, or s.
4 775.084.
5 (e) The penalties of this subsection shall not apply
6 to persons licensed under s. 790.06. Persons licensed under
7 s. 790.06 shall be punished as provided in s. 790.06(12),
8 except that a licenseholder who unlawfully discharges a weapon
9 or firearm on school property as prohibited by this subsection
10 commits a felony of the second degree, punishable as provided
11 in s. 775.082, s. 775.083, or s. 775.084.
12 (3) This section does not apply to any law enforcement
13 officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
14 (8), (9), or (14).
15 Section 12. Paragraph (a) of subsection (2) of section
16 790.17, Florida Statutes, is amended to read:
17 790.17 Furnishing weapons to minors under 18 years of
18 age or persons of unsound mind and furnishing firearms to
19 minors under 18 years of age prohibited.--
20 (2)(a) A person may not knowingly or willfully sell,
21 rent, barter, lend, give, or transfer a firearm to a minor
22 under 18 years of age, except that a person may rent or
23 transfer ownership of a firearm to a minor with permission of
24 the parent or guardian. A person who violates this paragraph
25 commits a felony of the second third degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 Section 13. Subsections (3), (5), and (9) of section
28 790.22, Florida Statutes, are amended to read:
29 790.22 Use of BB guns, air or gas-operated guns, or
30 electric weapons or devices by minor under 16; limitation;
31
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1 possession of firearms by minor under 18 prohibited;
2 penalties.--
3 (3) A minor under 18 years of age may not possess a
4 firearm, other than an unloaded firearm at his or her home,
5 unless:
6 (a) The minor is engaged in a lawful hunting activity
7 and is:
8 1. At least 16 years of age; or
9 2. Under 16 years of age and supervised by an adult.
10 (b) The minor is engaged in a lawful marksmanship
11 competition or practice or other lawful recreational shooting
12 activity and is:
13 1. At least 16 years of age; or
14 2. Under 16 years of age and supervised by an adult
15 who is acting with the consent of the minor's parent or
16 guardian.
17 (c) The firearm is unloaded and is being transported
18 by the minor directly to or from an event authorized in
19 paragraph (a) or paragraph (b).
20 (5)(a) A minor who violates subsection (3) commits a
21 misdemeanor of the first degree, and, in addition to any other
22 penalty provided by law, shall be required to perform 100
23 hours of community service, and:
24 1. If the minor is eligible by reason of age for a
25 driver license or driving privilege, the court shall direct
26 the Department of Highway Safety and Motor Vehicles to revoke
27 or to withhold issuance of the minor's driver license or
28 driving privilege for up to 1 year.
29 2. If the minor's driver license or driving privilege
30 is under suspension or revocation for any reason, the court
31 shall direct the Department of Highway Safety and Motor
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1 Vehicles to extend the period of suspension or revocation by
2 an additional period of up to 1 year.
3 3. If the minor is ineligible by reason of age for a
4 driver license or driving privilege, the court shall direct
5 the Department of Highway Safety and Motor Vehicles to
6 withhold issuance of the minor's driver license or driving
7 privilege for up to 1 year after the date on which the minor
8 would otherwise have become eligible.
9 (b) For a second or subsequent offense, the court
10 shall commit the child to the Department of Juvenile Justice
11 for placement in a nonresidential program, and:
12 1. The minor shall be required to perform not less
13 than 100 nor more than 250 hours of community service., and:
14 2.1. If the minor is eligible by reason of age for a
15 driver license or driving privilege, the court shall direct
16 the Department of Highway Safety and Motor Vehicles to revoke
17 or to withhold issuance of the minor's driver license or
18 driving privilege for up to 2 years.
19 3.2. If the minor's driver license or driving
20 privilege is under suspension or revocation for any reason,
21 the court shall direct the Department of Highway Safety and
22 Motor Vehicles to extend the period of suspension or
23 revocation by an additional period of up to 2 years.
24 4.3. If the minor is ineligible by reason of age for a
25 driver license or driving privilege, the court shall direct
26 the Department of Highway Safety and Motor Vehicles to
27 withhold issuance of the minor's driver license or driving
28 privilege for up to 2 years after the date on which the minor
29 would otherwise have become eligible.
30 (9) Notwithstanding s. 985.214 39.043, if the minor is
31 found to have committed an offense that involves the use or
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1 possession of a firearm, as defined in s. 790.001, other than
2 a violation of subsection (3), or an offense during the
3 commission of which the minor possessed a firearm, and the
4 minor is not committed to a residential commitment program of
5 the Department of Juvenile Justice Health and Rehabilitative
6 Services, in addition to any other punishment provided by law,
7 the court shall order:
8 (a) For a first offense, that the minor serve a
9 mandatory period of detention of 5 days in a secure detention
10 facility and:
11 1. Shall be committed to the Department of Juvenile
12 Justice for placement in a commitment program, or a community
13 control program.
14 2. Shall perform 100 hours of community service.
15 (b) For a second or subsequent offense, that the minor
16 serve a mandatory period of detention of 10 days in a secure
17 detention facility and:
18 1. Shall be committed to the Department of Juvenile
19 Justice for placement in a commitment program, or a community
20 control program.
21 2. Shall perform not less than 100 nor more than 250
22 hours of community service.
23
24 The minor shall receive credit for time served before
25 adjudication.
26 Section 14. Section 790.23, Florida Statutes, is
27 amended to read:
28 790.23 Criminals Felons and delinquents; possession of
29 firearms or electric weapons or devices unlawful.--
30 (1) It is unlawful for any person to own or to have in
31 his or her care, custody, possession, or control any firearm
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1 or electric weapon or device, or to carry a concealed weapon,
2 including a tear gas gun or chemical weapon or device, if that
3 person has been:
4 (a) Convicted of a felony or found to have committed a
5 delinquent act that would be a felony if committed by an adult
6 in the courts of this state;
7 (b) Convicted of or found to have committed a crime
8 against the United States which is designated as a felony, or
9 is otherwise prohibited from possessing a firearm;
10 (c) Found to have committed a delinquent act in
11 another state, territory, or country that would be a felony if
12 committed by an adult and which was punishable by imprisonment
13 for a term exceeding 1 year; or
14 (d) Found guilty of an offense that is a felony in
15 another state, territory, or country and which was punishable
16 by imprisonment for a term exceeding 1 year; or.
17 (e) Convicted of a misdemeanor crime of domestic
18 violence.
19 (2) This section shall not apply to a person convicted
20 of a felony whose civil rights and firearm authority have been
21 restored, or to a person found to have committed a delinquent
22 act that would be a felony if committed by an adult with
23 respect to which the jurisdiction of the court pursuant to
24 chapter 39 has expired.
25 (3) Any person who violates this section commits a
26 felony of the second degree, punishable as provided in s.
27 775.082, s. 775.083, or s. 775.084.
28 Section 15. Subsections (2) and (3) of section 790.25,
29 Florida Statutes, are amended to read:
30 790.25 Lawful ownership, possession, and use of
31 firearms and other weapons.--
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1 (2) USES NOT AUTHORIZED.--
2 (a) This section does not authorize carrying a
3 concealed weapon without a permit, as prohibited by ss. 790.01
4 and 790.02.
5 (b) The protections of this section do not apply to
6 the following:
7 1. A person who has been adjudged mentally
8 incompetent, who has been adjudicated as an incapacitated
9 person under s. 744.331, or similar laws of any other state,
10 unless 5 years have elapsed since the person's restoration to
11 capacity by court order, who has been committed to a mental
12 institution under chapter 394, or similar laws of any other
13 state, unless the applicant produces a certificate from a
14 licensed psychiatrist that he or she has not suffered from
15 disability for at least 5 years prior to the date of purchase,
16 who is addicted to the use of narcotics or any similar drug,
17 or who is a habitual or chronic alcoholic, or a person using
18 weapons or firearms in violation of ss. 790.07-790.12,
19 790.14-790.19, 790.22-790.24;
20 2. Vagrants and other undesirable persons as defined
21 in s. 856.02;
22 3. A person in or about a place of nuisance as defined
23 in s. 823.05, unless such person is there for law enforcement
24 or some other lawful purpose.
25 (3) LAWFUL USES.--The provisions of ss. 790.053 and
26 790.06 do not apply in the following instances, and, despite
27 such sections, it is lawful for the following persons to own,
28 possess, and lawfully use firearms and other weapons,
29 ammunition, and supplies for lawful purposes:
30 (a) Members of the Militia, National Guard, Florida
31 State Defense Force, Army, Navy, Air Force, Marine Corps,
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1 Coast Guard, organized reserves, and other armed forces of the
2 state and of the United States, when on duty, when training or
3 preparing themselves for military duty, or while subject to
4 recall or mobilization;
5 (b) Citizens of this state subject to duty in the
6 Armed Forces under s. 2, Art. X of the State Constitution,
7 under chapters 250 and 251, and under federal laws, when on
8 duty or when training or preparing themselves for military
9 duty;
10 (c) Persons carrying out or training for emergency
11 management duties under chapter 252;
12 (d) Sheriffs, marshals, prison or jail wardens, police
13 officers, correctional officers, Florida highway patrol
14 officers, game wardens, revenue officers, forest officials,
15 special officers appointed under the provisions of chapter
16 354, and other peace and law enforcement officers and their
17 deputies and assistants and full-time paid peace officers of
18 other states and of the Federal Government who are carrying
19 out official duties while in this state;
20 (e) Officers or employees of the state or United
21 States duly authorized to carry a concealed weapon;
22 (f) Guards or messengers of common carriers, express
23 companies, armored car carriers, mail carriers, banks, and
24 other financial institutions, while actually employed in and
25 about the shipment, transportation, or delivery of any money,
26 treasure, bullion, bonds, or other thing of value within this
27 state;
28 (g) Regularly enrolled members of any organization
29 duly authorized to purchase or receive weapons from the United
30 States or from this state, or regularly enrolled members of
31 clubs organized for target, skeet, or trap shooting, while at
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1 or going to or from shooting practice; or regularly enrolled
2 members of clubs organized for modern or antique firearms
3 collecting, while such members are at or going to or from
4 their collectors' gun shows, conventions, or exhibits;
5 (h) A person engaged in fishing, camping, or lawful
6 hunting or going to or returning from a fishing, camping, or
7 lawful hunting expedition;
8 (i) A person engaged in the business of manufacturing,
9 repairing, or dealing in firearms, or the agent or
10 representative of any such person while engaged in the lawful
11 course of such business;
12 (j) A person firing weapons for testing or target
13 practice under safe conditions and in a safe place not
14 prohibited by law or going to or from such place;
15 (k) A person firing weapons in a safe and secure
16 indoor range for testing and target practice;
17 (l) A person traveling by private conveyance when the
18 weapon is securely encased or in a public conveyance when the
19 weapon is securely encased and not in the person's manual
20 possession;
21 (m) A person while carrying a pistol unloaded and in a
22 secure wrapper, concealed or otherwise, from the place of
23 purchase to his or her home or place of business or to a place
24 of repair or back to his or her home or place of business;
25 (n) A person possessing arms at his or her home or
26 place of business;
27 (o) Investigators employed by the several public
28 defenders of the state, while actually carrying out official
29 duties, provided such investigators:
30 1. Are employed full time;
31
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1 2. Meet the official training standards for firearms
2 established by the Criminal Justice Standards and Training
3 Commission as provided in s. 943.12(5) and the requirements of
4 ss. 493.6108(1)(a) and 943.13(1)-(4); and
5 3. Are individually designated by an affidavit of
6 consent signed by the employing public defender and filed with
7 the clerk of the circuit court in the county in which the
8 employing public defender resides.
9 (p) Investigators employed by the capital collateral
10 representative, while actually carrying out official duties,
11 provided such investigators:
12 1. Are employed full time;
13 2. Meet the official training standards for firearms
14 as established by the Criminal Justice Standards and Training
15 Commission as provided in s. 943.12(1) and the requirements of
16 ss. 493.6108(1)(a) and 943.13(1)-(4); and
17 3. Are individually designated by an affidavit of
18 consent signed by the capital collateral representative and
19 filed with the clerk of the circuit court in the county in
20 which the investigator is headquartered.
21 Section 16. Section 790.256, Florida Statutes, is
22 amended to read:
23 790.256 Public service announcements.--The Department
24 of Children and Family Services Health and Rehabilitative
25 Services shall prepare public service announcements for
26 dissemination to parents throughout the state, of the
27 provisions of chapter 93-416, Laws of Florida.
28 Section 17. Subsections (2) and (3) of section 790.27,
29 Florida Statutes, are amended to read:
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1 790.27 Alteration or removal of firearm serial number
2 or possession, sale, or delivery of firearm with serial number
3 altered or removed prohibited; penalties.--
4 (2)(a) It is unlawful for any person to knowingly
5 sell, deliver, or possess any firearm on which the
6 manufacturer's or importer's serial number has been unlawfully
7 altered or removed.
8 (b) Any person violating paragraph (a) is guilty of a
9 felony misdemeanor of the third first degree, punishable as
10 provided in s. 775.082, or s. 775.083, or s. 775.084.
11 (3) This section shall not apply to antique firearms.
12 Section 18. Subsections (1) and (2) of section 790.33,
13 Florida Statutes, are amended to read:
14 790.33 Field of regulation of firearms and ammunition
15 preempted.--
16 (1) PREEMPTION.--Except as expressly provided by
17 general law, the Legislature hereby declares that it is
18 occupying the whole field of regulation of firearms and
19 ammunition, including the purchase, sale, transfer, taxation,
20 manufacture, ownership, possession, and transportation
21 thereof, to the exclusion of all existing and future county,
22 city, town, or municipal ordinances or regulations relating
23 thereto. Any such existing ordinances are hereby declared
24 null and void. This subsection shall not affect zoning
25 ordinances which encompass firearms businesses along with
26 other businesses. Zoning ordinances which are designed for
27 the purpose of restricting or prohibiting the sale, purchase,
28 transfer, or manufacture of firearms or ammunition as a method
29 of regulating firearms or ammunition are in conflict with this
30 subsection and are prohibited.
31
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1 (2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD
2 ORDINANCES; COUNTY HANDGUN REGISTRATION AND TITLE TRANSFER
3 ORDINANCES.--
4 (a) Any county may have the option to adopt a
5 waiting-period ordinance requiring a waiting period of up to,
6 but not to exceed, 3 working days between the purchase and
7 delivery of a handgun. For purposes of this subsection,
8 "purchase" means payment of deposit, payment in full, or
9 notification of intent to purchase. Adoption of a
10 waiting-period ordinance, by any county, shall require a
11 majority vote of the county commission on votes on
12 waiting-period ordinances. This exception is limited solely
13 to individual counties and is limited to the provisions and
14 restrictions contained in this subsection.
15 (b) Any county may have the option to adopt an
16 ordinance requiring handgun registration and reporting of
17 title transfers. Adoption of an ordinance requiring handgun
18 registration and reporting of title transfers, by any county,
19 shall require a majority vote of the county commission on
20 votes on such ordinances. This exception is limited solely to
21 the individual counties and is limited to the provisions and
22 restrictions contained in this subsection.
23 (c)(b) Ordinances authorized by this subsection shall
24 apply to all sales of handguns to individuals by a retail
25 establishment except those sales to individuals exempted in
26 this subsection. For purposes of this subsection, "retail
27 establishment" means a gun shop, sporting goods store, pawn
28 shop, hardware store, department store, discount store, bait
29 or tackle shop, or any other store or shop that offers
30 handguns for walk-in retail sale and includes but does not
31 include gun collectors shows or exhibits, or gun shows.
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1 (d)(c) Ordinances authorized by this subsection may
2 shall not require any reporting or notification to any source
3 outside the retail establishment, but records of handgun sales
4 must be available for inspection, during normal business
5 hours, by any law enforcement agency as defined in s. 934.02.
6 (e)(d) The following shall be exempt from any waiting
7 period:
8 1. Individuals who are licensed to carry concealed
9 firearms under the provisions of s. 790.06 or who are licensed
10 to carry concealed firearms under any other provision of state
11 law and who show a valid license;
12 2. Individuals who already lawfully own another
13 firearm and who show a sales receipt for another firearm; who
14 are known to own another firearm through a prior purchase from
15 the retail establishment; or who have another firearm for
16 trade-in;
17 3. A law enforcement or correctional officer as
18 defined in s. 943.10;
19 4. A law enforcement agency as defined in s. 934.02;
20 5. Sales or transactions between dealers or between
21 distributors or between dealers and distributors who have
22 current federal firearms licenses; or
23 6. Any individual who has been threatened or whose
24 family has been threatened with death or bodily injury,
25 provided the individual may lawfully possess a firearm and
26 provided such threat has been duly reported to local law
27 enforcement.
28 Section 19. This act shall take effect October 1 of
29 the year in which enacted.
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1 *****************************************
2 LEGISLATIVE SUMMARY
3
Revises various provisions of ch. 790, F.S., relating to
4 weapons and firearms. With respect to licensure to carry
a concealed weapon or concealed firearm, provides that
5 conviction of a misdemeanor crime of domestic violence
constitutes a condition of ineligibility for possession
6 of a license to carry a concealed weapon or firearm.
Requires the denial or revocation of such license under
7 specified circumstances. Provides an additional
condition under which such license shall be suspended or
8 revoked pursuant to ch. 120, F.S. Expands provisions
relating to areas upon which concealed weapons or
9 firearms shall not be carried and increases the penalty
for violation from a second degree misdemeanor to a third
10 degree felony.
11
With respect to current provisions governing the sale and
12 delivery of firearms, nullifies the repeal of such
provisions, currently scheduled for October 1, 1999, and
13 on the effective date of federal law which provides
access to national criminal history information and
14 requires national criminal history checks on potential
buyers or transferees on firearms. Provides that
15 conviction of a misdemeanor crime of domestic violence
constitutes a condition for nonapproval of a licensee.
16 Provides for suspension of time limitation for review of
criminal history records under specified conditions.
17 Revises procedure to provide for issuance of a
nonapproval number to potential buyers prohibited from
18 owning a firearm. Increases a time limit within which
specified records shall be destroyed from 48 hours to 30
19 days.
20
Revises provisions relating to the mandatory 3-day
21 waiting period between the purchase and delivery of
handguns to include handguns purchased through private
22 sale at a gun show.
23
Creates s. 790.0657, F.S., for the purpose of regulating
24 the sale of firearms at gun shows. Requires that persons
promoting sales of firearms in the state register with
25 the Florida Department of Law Enforcement and requires
that promoters of gun shows at which firearms are being
26 sold must be firearm dealers. Requires all sales and
transfers of firearms at a gun show to be subject to
27 background check provisions of s. 790.065, F.S. Provides
a first degree misdemeanor penalty for the sale or
28 transfer of a firearm within 1,000 feet of a gun show by
anyone not authorized by the promoter of the gun show to
29 conduct such sale or transfer. Provides an appropriation
to fund firearm purchase program services at gun shows.
30 Requires gun show promoters to pay a fee set by the
Florida Department of Law Enforcement to defray the cost
31 of firearm purchase program services.
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1 Authorizes county sheriffs and municipal chiefs of police
to submit all seized handguns to the Florida Department
2 of Law Enforcement. Requires the department to forward
serial numbers of seized handguns to the Federal Bureau
3 of Alcohol, Tobacco and Firearms National Tracing Center
for specified tracing and identification purposes.
4
5 Increases, from a first-degree misdemeanor to a
third-degree felony, the penalty for improper exhibition
6 of dangerous weapons or firearms.
7
Provides that a person may not knowingly or willfully
8 rent, barter, lend, or give a firearm to a minor under 18
years of age and provides a second-degree felony penalty
9 for violation. Increases the penalty for sale or
transfer of a firearm to a minor under 18 years of age
10 from a third-degree felony to a second-degree felony.
11
Revises penalties for offenses involving the possession
12 of a firearm by a minor under 18 years of age.
13
Provides a second-degree felony penalty for ownership or
14 possession of specified firearms or weapons by persons
who have been convicted of a misdemeanor crime of
15 domestic violence.
16
Provides additional exclusions from the protections of
17 provisions governing lawful ownership, possession, and
use of firearms and other weapons. Includes correctional
18 officers among persons who may lawfully own, possess, and
use firearms and other weapons.
19
20 Increases, from a first-degree misdemeanor to a
third-degree felony, the penalty for selling, delivering,
21 or possessing any firearm on which the manufacturer's or
importer's serial number has been unlawfully altered or
22 removed.
23
Authorizes the option of any county to require handgun
24 registration and reporting of handgun title transfers.
25
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