Senate Bill sb0340

    Florida Senate - 2006                                   SB 340

    By Senator Siplin





    19-206-06

  1                      A bill to be entitled

  2         An act relating to weapons; creating s.

  3         790.223, F.S.; defining the term "stun gun";

  4         prohibiting the manufacture, display, sale,

  5         repair, or possession of a stun gun; providing

  6         criminal penalties; providing exceptions;

  7         providing an effective 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 means any item,

16  including a Taser, used or intended to be used as an offensive

17  or defensive weapon capable of temporarily immobilizing a

18  person by inflicting an electrical charge.

19         (2)  A person may not manufacture, display, sell,

20  repair, own, possess, or use a stun gun.

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

22  offers for sale, repairs, or delivers any stun gun commits a

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

24  775.082 or s. 775.083.

25         (b)  Any person who possesses a stun gun commits a

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

27  775.082 or s. 775.083.

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

29  gun in the commission of a criminal act commits a felony of

30  the third degree, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084.

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






    Florida Senate - 2006                                   SB 340
    19-206-06




 1         (4)  This section does not apply to:

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

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

 4  officer, when possessed in connection with the performance of

 5  his or her duty as a law enforcement officer.

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

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

 8  enforcement agencies.

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

10  in subsection (1) to law enforcement agencies.

11         Section 2.  This act shall take effect October 1, 2006.

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14                          SENATE SUMMARY

15    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.