Florida Senate - 2011 SB 1726 By Senator Margolis 35-01595B-11 20111726__ 1 A bill to be entitled 2 An act relating to weapons or firearms; amending s. 3 790.115, F.S.; prohibiting possession of any firearm, 4 electric weapon, or other specified device on property 5 operated by a school district; providing criminal 6 penalties; amending s. 790.251, F.S., and reenacting 7 subsection (4), relating to prohibited acts; 8 clarifying that provisions prohibiting restrictions on 9 firearms possession do not apply to restrictions on 10 possession on property owned or operated by a school 11 district; banning the possession, sale, transfer, or 12 manufacture of high-capacity ammunition feeding 13 devices; providing exceptions; providing a definition 14 of “high-capacity ammunition feeding device”; 15 subjecting a person to a criminal penalty for the 16 unlawful possession, sale, transfer, or manufacture of 17 a high-capacity ammunition feeding device; providing 18 an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (a) of subsection (2) of section 23 790.115, Florida Statutes, is amended to read: 24 790.115 Possessing or discharging weapons or firearms at a 25 school-sponsored event or on school property prohibited; 26 penalties; exceptions.— 27 (2)(a) A person shall not possess any firearm, electric 28 weapon or device, destructive device, or other weapon as defined 29 in s. 790.001(13), including a razor blade or box cutter, except 30 as authorized in support of school-sanctioned activities, at a 31 school-sponsored event or on any
theproperty owned or operated 32 by a school district or ofany school, school bus, or school bus 33 stop; however, a person may carry a firearm: 34 1. In a case to a firearms program, class or function which 35 has been approved in advance by the principal or chief 36 administrative officer of the school as a program or class to 37 which firearms could be carried; 38 2. In a case to a career center having a firearms training 39 range; or 40 3. In a vehicle pursuant to s. 790.25(5); except that 41 school districts may adopt written and published policies that 42 waive the exception in this subparagraph for purposes of student 43 and campus parking privileges. 44 45 For the purposes of this section, “school” means any preschool, 46 elementary school, middle school, junior high school, secondary 47 school, career center, or postsecondary school, whether public 48 or nonpublic. 49 Section 2. Subsection (4) of section 790.251, Florida 50 Statutes, is reenacted, and paragraph (a) of subsection (7) of 51 that section is amended, to read: 52 790.251 Protection of the right to keep and bear arms in 53 motor vehicles for self-defense and other lawful purposes; 54 prohibited acts; duty of public and private employers; immunity 55 from liability; enforcement.— 56 (4) PROHIBITED ACTS.—No public or private employer may 57 violate the constitutional rights of any customer, employee, or 58 invitee as provided in paragraphs (a)-(e): 59 (a) No public or private employer may prohibit any 60 customer, employee, or invitee from possessing any legally owned 61 firearm when such firearm is lawfully possessed and locked 62 inside or locked to a private motor vehicle in a parking lot and 63 when the customer, employee, or invitee is lawfully in such 64 area. 65 (b) No public or private employer may violate the privacy 66 rights of a customer, employee, or invitee by verbal or written 67 inquiry regarding the presence of a firearm inside or locked to 68 a private motor vehicle in a parking lot or by an actual search 69 of a private motor vehicle in a parking lot to ascertain the 70 presence of a firearm within the vehicle. Further, no public or 71 private employer may take any action against a customer, 72 employee, or invitee based upon verbal or written statements of 73 any party concerning possession of a firearm stored inside a 74 private motor vehicle in a parking lot for lawful purposes. A 75 search of a private motor vehicle in the parking lot of a public 76 or private employer to ascertain the presence of a firearm 77 within the vehicle may only be conducted by on-duty law 78 enforcement personnel, based upon due process and must comply 79 with constitutional protections. 80 (c) No public or private employer shall condition 81 employment upon either: 82 1. The fact that an employee or prospective employee holds 83 or does not hold a license issued pursuant to s. 790.06; or 84 2. Any agreement by an employee or a prospective employee 85 that prohibits an employee from keeping a legal firearm locked 86 inside or locked to a private motor vehicle in a parking lot 87 when such firearm is kept for lawful purposes. 88 (d) No public or private employer shall prohibit or attempt 89 to prevent any customer, employee, or invitee from entering the 90 parking lot of the employer’s place of business because the 91 customer’s, employee’s, or invitee’s private motor vehicle 92 contains a legal firearm being carried for lawful purposes, that 93 is out of sight within the customer’s, employee’s, or invitee’s 94 private motor vehicle. 95 (e) No public or private employer may terminate the 96 employment of or otherwise discriminate against an employee, or 97 expel a customer or invitee for exercising his or her 98 constitutional right to keep and bear arms or for exercising the 99 right of self-defense as long as a firearm is never exhibited on 100 company property for any reason other than lawful defensive 101 purposes. 102 103 This subsection applies to all public sector employers, 104 including those already prohibited from regulating firearms 105 under the provisions of s. 790.33. 106 (7) EXCEPTIONS.—The prohibitions in subsection (4) do not 107 apply to: 108 (a) Any schoolproperty owned or operated by a school 109 district or any school as defined and regulated under s. 110 790.115. 111 Section 3. Ban of high-capacity ammunition feeding 112 devices.— 113 (1)(a) A person may not sell or otherwise transfer a high 114 capacity ammunition feeding device in this state unless the sale 115 or transfer is to a law enforcement officer, a Florida National 116 Guard member on active duty, or a member of the United States 117 Armed Forces. 118 (b)1. A person may not possess a high-capacity ammunition 119 feeding device in this state unless the person is a law 120 enforcement officer, a Florida National Guard member on active 121 duty, or a member of the United States Armed Forces or the 122 person is the manufacturer or an employee of the manufacturer 123 and the manufacturer is licensed to manufacture the devices 124 under federal law. 125 2. This paragraph does not apply to a person in possession 126 of a high-capacity ammunition feeding device on July 1, 2011. 127 However, the person may not sell or otherwise transfer the 128 device except as authorized in paragraph (a). 129 (c) A person may not manufacture a high-capacity ammunition 130 feeding device in this state unless the device is manufactured 131 for sale to a law enforcement officer, a Florida National Guard 132 member, or a member of the United States Armed Forces or is for 133 export as authorized by federal law. 134 (2) As used in this section, the term “high-capacity 135 ammunition feeding device” means a magazine, belt, drum, feed 136 strip, or similar device that has the capacity of, or can be 137 readily restored or converted to accept, more than 15 rounds of 138 ammunition. 139 (3) A person who violates this section commits a felony of 140 the third degree, punishable as provided in s. 775.082 or s. 141 775.083, Florida Statutes. 142 Section 4. This act shall take effect July 1, 2011.