Senate Bill sb0742

    Florida Senate - 2001                                   SB 742

    By Senator Holzendorf





    2-182A-01

  1                      A bill to be entitled

  2         An act relating to firearms; amending s.

  3         790.174, F.S.; requiring that, if a minor is

  4         likely to gain access to a firearm, the firearm

  5         must be stored in a locked box or container in

  6         a location that is secure and that the firearm

  7         be secured with a trigger lock; providing

  8         penalties for failure to store or leave the

  9         firearm in the required manner, under specified

10         circumstances; providing an effective date.

11

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

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14         Section 1.  Section 790.174, Florida Statutes, is

15  amended to read:

16         790.174  Safe storage of firearms required.--

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

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

19  790.001, and who knows or reasonably should know that a minor

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

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

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

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

24  and or in a location that which a reasonable person would

25  believe to be secure and or shall secure it with a trigger

26  lock, except when the person is carrying the firearm on his or

27  her body or within such close proximity thereto that he or she

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

29  carried it on his or her body.

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

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

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






    Florida Senate - 2001                                   SB 742
    2-182A-01




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

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

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

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

  5  and possesses or exhibits it, without the supervision required

  6  by law:

  7         (a)  In a public place; or

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

  9  in violation of s. 790.10.

10

11  This subsection does not apply if the minor obtains the

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

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

14  person under the age of 16.

15         Section 2.  This act shall take effect October 1, 2001.

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17            *****************************************

18                          SENATE SUMMARY

19    Provides that it is a second-degree misdemeanor to fail
      to store a firearm that is accessible to a minor in a
20    locked box or container in a location that is secure and
      to also secure the firearm with a trigger lock.
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CODING: Words stricken are deletions; words underlined are additions.