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