Senate Bill sb0258

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    Florida Senate - 2001                                   SB 258

    By Senator Geller





    29-196A-01

  1                      A bill to be entitled

  2         An act relating to weapons and firearms;

  3         creating s. 790.0625, F.S.; requiring that a

  4         person obtain a license from the Office of the

  5         Attorney General before purchasing a handgun;

  6         defining the term "handgun"; requiring that a

  7         person undergo a background check and

  8         successfully complete a course on handgun

  9         safety in order to obtain a handgun license;

10         providing for issuance of a renewal handgun

11         license; authorizing the Office of the Attorney

12         General to adopt rules; providing for fees;

13         providing requirements for issuing licenses;

14         providing a penalty for purchasing a handgun

15         without a license; providing that certain law

16         enforcement officers and correctional officers

17         are exempt from licensure; amending s. 790.25,

18         F.S., relating to the lawful ownership,

19         possession, and use of firearms; conforming

20         provisions to changes made by the act;

21         providing an effective date.

22

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

24

25         Section 1.  Section 790.0625, Florida Statutes, is

26  created to read:

27         790.0625  License required to purchase handgun;

28  penalty; exemption.--

29         (1)(a)  A person may not purchase by commercial sale or

30  private sale or otherwise obtain a handgun in this state

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    Florida Senate - 2001                                   SB 258
    29-196A-01




  1  without first obtaining a license from the Office of the

  2  Attorney General, as provided in this section.

  3         (b)  As used in this section, the term "handgun" means

  4  any firearm capable of being carried and used by one hand,

  5  such as a pistol or revolver.

  6         (2)  To obtain an initial license to purchase a

  7  handgun, the applicant must be eligible to purchase a firearm,

  8  as determined by a criminal background check conducted under

  9  s. 790.065, and demonstrate successful completion of a 6-hour

10  education course on handgun safety. The Office of the Attorney

11  General shall design and approve curricula for the education

12  course, which may be offered by a private instructor or

13  school, and must include:

14         (a)  Two hours in general handgun safety.

15         (b)  One hour in handgun safety around children.

16         (c)  One hour in handgun law.

17         (d)  Two hours in handgun marksmanship.

18

19  An initial license is valid for 4 years and must display its

20  effective date and expiration date and the full name,

21  birthdate, residence address, and fullface photograph of the

22  licenseholder.

23         (3)  To obtain a renewal license to possess a handgun,

24  a licenseholder must successfully complete a 3-hour refresher

25  course on handgun safety within the 1 month before the

26  expiration date of the licenseholder's current handgun

27  license. The Office of the Attorney General shall design and

28  approve curricula for the refresher course, which may be

29  offered by a private instructor or school, and must include:

30         (a)  One hour in handgun safety.

31         (b)  Two hours in handgun marksmanship.

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    Florida Senate - 2001                                   SB 258
    29-196A-01




  1

  2  The renewal license is valid for 4 years and must include the

  3  updated version of the information required to be displayed on

  4  the initial license.

  5         (4)  The Office of the Attorney General may adopt rules

  6  to:

  7         (a)  Certify and regulate instructors and schools of

  8  handgun-safety education.

  9         (b)  Establish course curricula for and administer the

10  provision of handgun-safety education.

11         (c)  Establish minimum qualification standards and

12  criteria for obtaining a handgun license.

13         (d)  Verify the qualifications of applicants for

14  licensure.

15         (e)  Enforce procedures governing the licensure of

16  handgun purchasers.

17         (5)  The Office of the Attorney General shall establish

18  fees, to be paid by the applicant, for the education courses

19  on handgun safety which are required for the initial and

20  renewal handgun license. The Office of the Attorney General

21  shall also establish fees, to be paid by the applicant, for

22  issuing the initial and renewal license.

23         (6)  Upon an applicant's successful completion of a

24  6-hour course on handgun safety or a 3-hour refresher course

25  on handgun safety, the instructor or school shall provide the

26  applicant with a certificate of completion which indicates the

27  name and business address of the instructor or school, the

28  curricula and duration of the course completed, and any other

29  information that the Office of the Attorney General requires

30  by rule.

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    Florida Senate - 2001                                   SB 258
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  1         (7)(a)  The applicant must present a certificate

  2  showing successful completion of the required course on

  3  handgun safety to the Office of the Attorney General, together

  4  with any other information that the Office of the Attorney

  5  General requires by rule. Upon receipt of all required

  6  material from an applicant, the Office of the Attorney General

  7  shall approve or disapprove issuance of the handgun license

  8  and, if approved, shall direct that the license be issued to

  9  the applicant in person at a location within the area of

10  residence of the applicant.

11         (b)  If an application for an initial license is

12  approved, the license must be issued within 1 month after the

13  Office of the Attorney General receives all required material.

14  If an application for a renewal license is approved, the

15  license must be issued within 2 weeks after the Office of the

16  Attorney General receives all required material.

17         (8)  Any person who obtains a handgun in violation of

18  this section commits a misdemeanor of the second degree,

19  punishable as provided in s. 775.082 or s. 775.083.

20         (9)  Any person employed or appointed as a full-time,

21  part-time, or auxiliary law enforcement officer, correctional

22  officer, or correctional probation officer is exempt from the

23  license requirements of this section.

24         Section 2.  Paragraph (c) is added to subsection (2) of

25  section 790.25, Florida Statutes, to read:

26         790.25  Lawful ownership, possession, and use of

27  firearms and other weapons.--

28         (2)  USES NOT AUTHORIZED.--

29         (c)  This section does not authorize a person to

30  purchase or otherwise obtain a handgun without obtaining a

31  license, as required under s. 790.0625.

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    Florida Senate - 2001                                   SB 258
    29-196A-01




  1         Section 3.  This act shall take effect October 1, 2001.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Provides that a person may not obtain a handgun unless
      the person first obtains a license from the Office of the
  6    Attorney General. Provides requirements for obtaining a
      handgun license or a renewal handgun license. Provides
  7    requirements for the Office of the Attorney General in
      administering the issuance of handgun licenses. Provides
  8    that it is a second-degree misdemeanor to purchase a
      handgun without obtaining a license. Exempts law
  9    enforcement officers, correctional officers, and
      correctional probation officers from licensure. (See bill
10    for details.)

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