Senate Bill sb2448

    Florida Senate - 2005                                  SB 2448

    By Senator Siplin





    19-1537-05

  1                      A bill to be entitled

  2         An act relating to weapons; creating s.

  3         790.223, F.S.; providing that manufacture,

  4         display, sale, repair, or possession of a stun

  5         gun is illegal; providing criminal penalties;

  6         providing exceptions; providing an effective

  7         date.

  8  

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

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11         Section 1.  Section 790.223, Florida Statutes, is

12  created to read:

13         790.223  Stun gun unlawful to manufacture, sell,

14  repair, or possess; penalty.--

15         (1)  "Stun gun" as used in this section is any item,

16  including a taser, used or intended to be used as either an

17  offensive or defensive weapon capable of temporarily

18  immobilizing a person by the infliction of an electrical

19  charge.

20         (2)  It is unlawful for any person to manufacture,

21  display, sell, repair, own, possess, or use a stun gun.

22         (3)(a)  Any person who manufactures, displays, sells,

23  offers for sale, repairs, or delivers any stun gun is guilty

24  of a misdemeanor of the first degree, punishable as provided

25  in s. 775.082 or s. 775.083.

26         (b)  Any person who possesses a stun gun is guilty of a

27  misdemeanor of the first degree, punishable as provided in s.

28  775.082 or s. 775.083.

29         (c)  Any person who possesses with intent to use a stun

30  gun in the commission of a criminal act is guilty of a felony

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






    Florida Senate - 2005                                  SB 2448
    19-1537-05




 1  of the third degree, punishable as provided in s. 775.082, s.

 2  775.083, or s. 775.084.

 3         (4)  This section does not apply to:

 4         (a)  The possession of any item described in subsection

 5  (1) by any law enforcement agency or by any law enforcement

 6  officer, when possessed in connection with the performance of

 7  his or her duty as a law enforcement officer.

 8         (b)  The manufacture or repair of items described in

 9  subsection (1) exclusively for sale or delivery to law

10  enforcement agencies.

11         (c)  The sale, repair, or delivery of items described

12  in subsection (1) to law enforcement agencies.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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17                          SENATE SUMMARY

18    Prohibits the manufacture, display, sale, or possession
      of a stun gun. Provides criminal penalties.
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CODING: Words stricken are deletions; words underlined are additions.