Senate Bill sb0134

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    Florida Senate - 2001                                   SB 134

    By Senator Campbell





    33-15A-01

  1                      A bill to be entitled

  2         An act relating to firearm manufacturer product

  3         liability; creating s. 790.0653, F.S.;

  4         providing definitions; defining the term

  5         "integrated safety device"; limiting product

  6         liability actions against firearm manufacturers

  7         or firearm dealers if the firearm has an

  8         integrated safety device when sold or delivered

  9         to the initial purchaser or user; providing

10         that the act does not prohibit specified

11         actions; clarifying requirements of the act;

12         providing for a one-time waiver of the firearm

13         license fee if the owner retrofits a firearm

14         with an integrated safety device; amending s.

15         790.174, F.S.; clarifying application of the

16         term "secured firearm" for purposes of

17         provisions requiring the safe storage of

18         firearms; providing an effective date.

19

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

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22         Section 1.  Section 790.0653, Florida Statutes, is

23  created to read:

24         790.0653  Firearm manufacturer product liability.--

25         (1)  As used in this section, the term:

26         (a)  "Combination handle lock" means a device that is

27  part of a firearm and that contains a code of three or more

28  digits which may be set in order to prevent the unauthorized

29  use of a firearm by rendering the firearm inoperable unless

30  the correct combination is entered.

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    Florida Senate - 2001                                   SB 134
    33-15A-01




  1         (b)  "Comparable locking device" means any device that

  2  is a nondetachable part of a firearm and that renders the

  3  firearm inoperable.

  4         (c)  "Integrated safety device" means a device,

  5  including, but not limited to, a combination handle lock or

  6  comparable locking device, which is a nondetachable part of a

  7  firearm and which precludes the discharging of the firearm by

  8  a person other than the owner of the firearm or any other

  9  person specifically authorized by the owner to use the

10  firearm. The term does not include a safety device integrated

11  into a detachable ammunition magazine which, when the device

12  is activated, prevents the magazine itself from being

13  detached. The term does not include any device that contains a

14  mechanism that allows a user to readily bypass the lock other

15  than by simply not engaging the lock.

16         (2)(a)  In any product liability action for harm

17  allegedly caused by a firearm which is brought against a

18  firearm manufacturer or firearm dealer licensed by the

19  appropriate federal and state authorities, it is presumed that

20  the firearm itself was not unreasonably dangerous for its

21  lawful use if, at the time the specific unit of the firearm

22  was sold or delivered to the initial purchaser or user, the

23  firearm had an integrated safety device.

24         (b)  This section applies to any action brought by or

25  on behalf of any individual; the state or its agencies and

26  instrumentalities; or a municipality, special district, or

27  other political subdivision of the state.

28         (c)  This section does not prohibit an action against a

29  firearm manufacturer or firearm dealer:

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    Florida Senate - 2001                                   SB 134
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  1         1.  Which relates to a firearm that is manufactured,

  2  distributed, or sold in violation of applicable federal or

  3  state laws.

  4         2.  For breach of contract or warranty in connection

  5  with the purchase of a firearm.

  6         3.  For injuries resulting from a firearm malfunction

  7  due to defects in design or manufacture.

  8         (d)  This section does not:

  9         1.  Require a firearm manufacturer or firearm dealer to

10  manufacture, distribute, or sell only firearms that have an

11  integrated safety device.

12         2.  Require a firearm purchaser to purchase only a

13  firearm that has an integrated safety device.

14         3.  Mean that a firearm that has an integrated safety

15  device constitutes a firearm that is "not readily accessible

16  for immediate use" within the meaning of s. 790.25(5).

17         (3)  Any firearm owner who voluntarily retrofits a

18  firearm with an integrated safety device is entitled to a

19  one-time waiver of the initial or renewal license fee under s.

20  790.06(5)(b).

21         Section 2.  Section 790.174, Florida Statutes, is

22  amended to read:

23         790.174  Safe storage of firearms required.--

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

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

26  790.001, and who knows or reasonably should know that a minor

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

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

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

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

31  or in a location which a reasonable person would believe to be

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  1  secure or shall secure it with a trigger lock, except when the

  2  person is carrying the firearm on his or her body or within

  3  such close proximity thereto that he or she can retrieve and

  4  use it as easily and quickly as if he or she carried it on his

  5  or her body.

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

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

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

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

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

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

12  and possesses or exhibits it, without the supervision required

13  by law:

14         (a)  In a public place; or

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

16  in violation of s. 790.10.

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18  This subsection does not apply if the minor obtains the

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

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

21  person under the age of 16.

22         (4)  A firearm, even if loaded, which has an activated

23  integrated safety device as defined in s. 790.0653 constitutes

24  a secured firearm within the meaning of this section

25  regardless of the location or other condition of the firearm's

26  storage.

27         Section 3.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                                   SB 134
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  2                          SENATE SUMMARY

  3    Limits product liability actions for harm allegedly
      caused by a firearm against licensed firearm
  4    manufacturers or firearm dealers for firearms sold or
      delivered which have an integrated safety device.
  5    Provides for a one-time waiver of the initial or renewal
      firearm license fee if an owner retrofits the firearm
  6    with an integrated safety device. Specifies that a
      firearm that has an integrated safety device is a secured
  7    firearm for purposes of the law requiring the safe
      storage of firearms. (See bill for details.)
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