HB 0155

1
A bill to be entitled
2An act relating to firearm records; creating s. 790.335,
3F.S.; providing legislative findings and intent;
4prohibiting the knowing and willful creation or
5maintenance of any list, record, or registry of privately
6owned firearms or any list, record, or registry of the
7owners of those firearms; providing exceptions; providing
8criminal penalties for a violation of the act; providing
9for the imposition of civil fines on certain governmental
10entities; authorizing the Attorney General to enforce the
11civil penalties against governmental agencies; requiring
12the state attorney to prosecute criminal violators of this
13act; prohibiting the expenditure of public funds for
14defense counsel for persons charged with a violation of
15this act; providing exceptions; providing for liberal
16construction of the act; providing for application to
17records already in existence; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 790.335, Florida Statutes, is created
22to read:
23     790.335  Prohibition of registration of firearms.--
24     (1)  LEGISLATIVE FINDINGS AND INTENT.--
25     (a)  The Legislature finds and declares that:
26     1.  The right of individuals to keep and bear arms is
27guaranteed under both the Second Amendment to the United States
28Constitution and s. 8, Art. I of the State Constitution.
29     2.  A list, record, or registry of legally owned firearms
30or law-abiding firearm owners is not a law enforcement tool and
31can become an instrument for profiling, harassing, or abusing
32law-abiding citizens based on their choice to own a firearm and
33exercise their Second Amendment right to keep and bear arms as
34guaranteed under the United States Constitution. Further, such a
35list, record, or registry has the potential to fall into the
36wrong hands and become a shopping list for thieves.
37     3.  A list, record, or registry of legally owned firearms
38or law-abiding firearm owners is not a tool for fighting
39terrorism, but rather is an instrument that can be used as a
40means to profile innocent citizens and to harass and abuse
41American citizens based solely on their choice to own firearms
42and exercise their Second Amendment right to keep and bear arms
43as guaranteed under the United States Constitution.
44     4.  Law-abiding firearm owners whose names have been
45illegally recorded in a list, record, or registry are entitled
46to redress.
47     (b)  The Legislature intends through the provisions of this
48section to:
49     1.  Protect the right of individuals to keep and bear arms
50as guaranteed under both the Second Amendment to the United
51States Constitution and s. 8, Art. I of the State Constitution.
52     2.  Protect the privacy rights of law-abiding firearm
53owners.
54     (2)  PROHIBITIONS.--No state governmental agency or local
55government, special district, or other political subdivision or
56official, agent, or employee of such state or other governmental
57entity or any other person, public or private, shall knowingly
58and willfully keep or cause to be kept any list, record, or
59registry of privately owned firearms or any list, record, or
60registry of the owners of those firearms.
61     (3)  EXCEPTIONS.--The provisions of this section shall not
62apply to:
63     (a)  Records of firearms that have been used in committing
64any crime.
65     (b)  Records relating to any person who has been convicted
66of a crime.
67     (c)  Records of firearms that have been reported stolen
68that are retained for a period not in excess of 10 days after
69such firearms are recovered. Official documentation recording
70the theft of a recovered weapon may be maintained no longer than
71the balance of the year entered, plus 2 years.
72     (d)  Firearm records that must be retained by firearm
73dealers under federal law, including copies of such records
74transmitted to law enforcement agencies. However, no state
75governmental agency or local government, special district, or
76other political subdivision or official, agent, or employee of
77such state or other governmental entity or any other person,
78private or public, shall accumulate, compile, computerize, or
79otherwise collect or convert such written records into any form
80of list, registry, or database for any purpose.
81     (e)1.  Records kept pursuant to the recordkeeping
82provisions of s. 790.065; however, nothing in this section shall
83be construed to authorize the public release or inspection of
84records that are made confidential and exempt from the
85provisions of s. 119.07(1) by s. 790.065(4)(a).
86     2.  Nothing in this paragraph shall be construed to allow
87the maintaining of records containing the names of purchasers or
88transferees who receive unique approval numbers or the
89maintaining of records of firearm transactions.
90     (f)  Firearm records, including paper pawn transaction
91forms and contracts on firearm transactions, required by
92chapters 538 and 539.
93     1.  Electronic firearm records held pursuant to chapter 538
94may only be kept by a secondhand dealer for 30 days after the
95date of the purchase of the firearm by the secondhand dealer.
96     2.  Electronic firearm records held pursuant to chapter 539
97may only be kept by a pawnbroker for 30 days after the
98expiration of the loan that is secured by a firearm.
99     3.  Except as required by federal law, any firearm records
100kept pursuant to chapter 538 or chapter 539 shall not, at any
101time, be electronically transferred to any public or private
102entity, agency, business, or enterprise, nor shall any such
103records be copied or transferred for purposes of accumulation of
104such records into lists, registries, or databases.
105     4.  Notwithstanding subparagraph 3., secondhand dealers and
106pawnbrokers may electronically submit firearm transaction
107records to the appropriate law enforcement agencies as required
108by chapters 538 and 539; however, the law enforcement agencies
109may not electronically submit such records to any other person
110or entity and must destroy such records within 60 days after
111receipt of such records.
112     5.  Notwithstanding subparagraph 3., secondhand dealers and
113pawnbrokers may electronically submit limited firearms records
114consisting solely of the manufacturer, model, serial number, and
115caliber of pawned or purchased firearms to a third-party private
116provider that is exclusively incorporated, exclusively owned,
117and exclusively operated in the United States and that restricts
118access to such information to only appropriate law enforcement
119agencies for legitimate law enforcement purposes. Such records
120must be destroyed within 30 days by the third-party provider. As
121a condition of receipt of such records, the third-party provider
122must agree in writing to comply with the requirements of this
123section. Any pawnbroker or secondhand dealer who contracts with
124a third-party provider other than as provided in this act or
125electronically transmits any records of firearms transactions to
126any third-party provider other than the records specifically
127allowed by this paragraph commits a felony of the second degree,
128punishable as provided in s. 775.082 or s. 775.083.
129     (g)  Records kept by the Department of Law Enforcement of
130NCIC transactions to the extent required by federal law and a
131log of dates of requests for criminal history record checks,
132unique approval and nonapproval numbers, license identification
133numbers, and transaction numbers corresponding to such dates.
134     (h)  Records of an insurer that, as a condition to
135providing insurance against theft or loss of a firearm, identify
136such firearm. Such records may not be sold, commingled with
137records relating to other firearms, or transferred to any other
138person or entity. The insurer may not keep a record of such
139firearm more than 60 days after the policy of insurance expires
140or after notification by the insured that the insured is no
141longer the owner of such firearm.
142     (i)  Lists of customers of a firearm dealer retained by
143such dealer, provided that such lists do not disclose the
144particular firearms purchased. Such lists, or any parts thereof,
145may not be sold, commingled with records relating to other
146firearms, or transferred to any other person or entity.
147     (j)  Sales receipts retained by the seller of firearms or
148by a person providing credit for such purchase, provided that
149such receipts shall not serve as or be used for the creation of
150a database for registration of firearms.
151     (k)  Personal records of firearms maintained by the owner
152of such firearms.
153     (l)  Records maintained by a business that stores or acts
154as the selling agent of firearms on behalf of the lawful owner
155of the firearms.
156     (m)  Membership lists of organizations comprised of firearm
157owners.
158     (n)  Records maintained by an employer or contracting
159entity of the firearms owned by its officers, employees, or
160agents, if such firearms are used in the course of business
161performed on behalf of the employer.
162     (o)  Records maintained pursuant to s. 790.06 by the
163Department of Agriculture and Consumer Services of a person who
164was a licensee within the prior 2 years.
165     (p)  Records of firearms involved in criminal
166investigations, criminal prosecutions, criminal appeals, and
167postconviction motions.
168     (q)  Paper documents relating to firearms involved in
169criminal cases, criminal investigations, and criminal
170prosecutions.
171     (4)  PENALTIES.--
172     (a)  Any person who violates a provision of this section
173commits a felony of the third degree, punishable as provided in
174s. 775.082 or s. 775.083.
175     (b)  Except as required by the provisions of s. 16, Art. I
176of the State Constitution or the Sixth Amendment to the United
177States Constitution, no public funds shall be used to defend the
178unlawful conduct of any person charged with a violation of this
179section, unless the charges against such person are dismissed or
180such person is determined to be not guilty at trial.
181Notwithstanding this paragraph, public funds may be expended to
182provide the services of the office of public defender or court-
183appointed conflict counsel as provided by law.
184     (c)  The governmental entity, or the designee of such
185governmental entity, in whose service or employ a list, record,
186or registry was compiled in violation of this section may be
187assessed a fine of not more than $5 million, if the court
188determines that the evidence shows that the list, record, or
189registry was compiled or maintained with the knowledge or
190complicity of the management of the governmental entity. The
191Attorney General may bring a civil cause of action to enforce
192the fines assessed under this paragraph.
193     (d)  The state attorney in the appropriate jurisdiction
194shall investigate complaints of criminal violations of this
195section and, where evidence indicates a violation may have
196occurred, shall prosecute violators.
197     (5)  CONSTRUCTION.--This section shall be construed to
198effectuate its remedial and deterrent purposes.
199     Section 2.  Any list, record, or registry maintained or
200under construction on the effective date of this act shall be
201destroyed, unless prohibited by law, within 60 calendar days
202after this act becomes law. Thereafter, failure to destroy any
203such list, record, or registry may result in prosecution under
204this act.
205     Section 3.  This act shall take effect upon becoming a law.


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