House Bill 0695

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






    Florida House of Representatives - 1999                 HB 695

        By Representative Hill






  1                      A bill to be entitled

  2         An act relating to firearms; amending s.

  3         790.001, F.S.; defining the term "locking

  4         device"; amending s. 790.174, F.S.; providing

  5         that a locking device may be used for the

  6         purpose of lawfully storing a firearm within

  7         access of a minor, as defined; requiring a

  8         person to secure a firearm with a locking

  9         device under specified circumstances when the

10         firearm is left or stored on premises where

11         such minor resides; providing penalties for

12         failure to store or leave the firearm in the

13         required manner, under specified circumstances;

14         providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsection (19) is added to section

19  790.001, Florida Statutes, to read:

20         790.001  Definitions.--As used in this chapter, except

21  where the context otherwise requires:

22         (19)  "Locking device" means a device that when

23  installed on a firearm and secured by means of a key or a

24  mechanically or electronically operated combination lock

25  prevents the firearm from being discharged without first

26  deactivating or removing the device by means of a key or a

27  mechanically or electronically operated combination lock.

28         Section 2.  Section 790.174, Florida Statutes, is

29  amended to read:

30         790.174  Safe storage of firearms required.--

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






    Florida House of Representatives - 1999                 HB 695

    504-152-99






  1         (1)  A person who stores or leaves, on a premise under

  2  his or her control, a loaded firearm, as defined in s.

  3  790.001, and who knows or reasonably should know that a minor

  4  is likely to gain access to the firearm without the lawful

  5  permission of the minor's parent or the person having charge

  6  of the minor, or without the supervision required by law,

  7  shall keep the firearm in a securely locked box or container

  8  or in a location that which a reasonable person would believe

  9  to be secure or shall secure it with a trigger lock or a

10  locking device, except when the person is carrying the firearm

11  on his or her body or within such close proximity thereto that

12  he or she can retrieve and use it as easily and quickly as if

13  he or she carried it on his or her body. However, if the

14  person stores or leaves the firearm on any premises where the

15  person knows or reasonably should know that a minor is

16  temporarily or permanently residing, the person must in all

17  cases secure the firearm with an activated locking device, in

18  addition to keeping the firearm in a secure location, except

19  when the person is carrying the firearm on his or her body or

20  within such close proximity thereto that he or she can

21  retrieve it and use it as easily and quickly as if he or she

22  carried it on his or her body.

23         (2)  It is a misdemeanor of the second degree,

24  punishable as provided in s. 775.082 or s. 775.083, if a

25  person violates subsection (1) by failing to store or leave a

26  firearm in the required manner and as a result thereof a minor

27  gains access to the firearm, without the lawful permission of

28  the minor's parent or the person having charge of the minor,

29  and possesses or exhibits it, without the supervision required

30  by law:

31         (a)  In a public place; or

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






    Florida House of Representatives - 1999                 HB 695

    504-152-99






  1         (b)  In a rude, careless, angry, or threatening manner

  2  in violation of s. 790.10.

  3

  4  This subsection does not apply if the minor obtains the

  5  firearm as a result of an unlawful entry by any person.

  6         (3)  As used in this act, the term "minor" means any

  7  person under the age of 16.

  8         Section 3.  This act shall take effect October 1, 1999.

  9

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11                          SENATE SUMMARY

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      Defines the term "locking device" with respect to
13    specified provisions relating to firearms. Provides that
      a locking device may be used for the purpose of lawfully
14    storing a firearm within access of a minor under a
      specified age. Requires a person to secure a firearm with
15    a locking device under specified circumstances when the
      firearm is left or stored on premises where a minor
16    resides. Provides penalties for failure to store or leave
      the firearm in the required manner, under specified
17    circumstances.

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