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A bill to be entitled

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An act relating to the possession of firearms; amending s.

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933.14, F.S.; providing for a court order for the return

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of a confiscated firearm; providing criteria for

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determining if the firearm should be returned; providing

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prohibitions on the return of the firearm; providing an

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effective date.

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

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     Section 1.  Subsection (3) of section 933.14, Florida

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Statutes, is amended to read:

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     933.14  Return of property taken under search warrant.--

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     (3) A No pistol or firearm, as defined in s. 790.001, taken

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by an any officer with a search warrant, or without a search

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warrant upon a view by the officer of a breach of the peace, may

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not shall be returned except pursuant to court an order of a

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trial court judge. A person seeking the return of the firearm

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must file a sworn petition with the circuit court, which shall

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conduct a hearing on the matter. The court shall order the return

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of the firearm only upon evidence that the person does not pose a

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risk of harm to self or others and has the capacity to contract

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or manage his or her affairs. A firearm may not be returned to a

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person who is prohibited from purchasing a firearm under s.

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790.065.

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