| 1 | A bill to be entitled |
| 2 | An act relating to firearms; amending s. 790.06, F.S.; |
| 3 | providing that a person in compliance with the terms of a |
| 4 | concealed carry license may carry openly notwithstanding |
| 5 | specified provisions; allowing the Division of Licensing |
| 6 | of the Department of Agriculture and Consumer Services to |
| 7 | take fingerprints from concealed carry license applicants; |
| 8 | providing that a person may not openly carry a weapon or |
| 9 | firearm or carry a concealed weapon or firearm into |
| 10 | specified locations; providing that concealed carry |
| 11 | licensees shall not be prohibited from carrying or storing |
| 12 | a firearm in a vehicle for lawful purposes; providing that |
| 13 | a provision limiting the scope of a license to carry a |
| 14 | concealed weapon or firearm does not modify certain |
| 15 | exceptions to prohibited acts with respect to a person's |
| 16 | right to keep and bear arms in motor vehicles for certain |
| 17 | purposes; repealing s. 790.28, F.S., relating to the |
| 18 | purchase of rifles and shotguns in contiguous states; |
| 19 | amending s. 790.065, F.S.; providing that specified |
| 20 | provisions do not apply to certain firearms transactions |
| 21 | by a resident of this state; providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Subsection (1), paragraph (c) of subsection |
| 26 | (5), and subsection (12) of section 790.06, Florida Statutes, |
| 27 | are amended to read: |
| 28 | 790.06 License to carry concealed weapon or firearm.- |
| 29 | (1) The Department of Agriculture and Consumer Services is |
| 30 | authorized to issue licenses to carry concealed weapons or |
| 31 | concealed firearms to persons qualified as provided in this |
| 32 | section. Each such license must bear a color photograph of the |
| 33 | licensee. For the purposes of this section, concealed weapons or |
| 34 | concealed firearms are defined as a handgun, electronic weapon |
| 35 | or device, tear gas gun, knife, or billie, but the term does not |
| 36 | include a machine gun as defined in s. 790.001(9). Such licenses |
| 37 | shall be valid throughout the state for a period of 7 years from |
| 38 | the date of issuance. Any person in compliance with the terms of |
| 39 | such license may carry a concealed weapon or concealed firearm |
| 40 | notwithstanding the provisions of s. 790.01 or may carry openly |
| 41 | notwithstanding s. 790.053. The licensee must carry the license, |
| 42 | together with valid identification, at all times in which the |
| 43 | licensee is in actual possession of a concealed weapon or |
| 44 | firearm and must display both the license and proper |
| 45 | identification upon demand by a law enforcement officer. A |
| 46 | violation Violations of the provisions of this subsection shall |
| 47 | constitute a noncriminal violation with a penalty of $25, |
| 48 | payable to the clerk of the court. |
| 49 | (5) The applicant shall submit to the Department of |
| 50 | Agriculture and Consumer Services: |
| 51 | (c) A full set of fingerprints of the applicant |
| 52 | administered by a law enforcement agency or the Division of |
| 53 | Licensing of the Department of Agriculture and Consumer |
| 54 | Services. |
| 55 | (12)(a) A No license issued under pursuant to this section |
| 56 | does not shall authorize any person to openly carry a weapon or |
| 57 | firearm or carry a concealed weapon or firearm into: |
| 58 | 1. Any place of nuisance as defined in s. 823.05; |
| 59 | 2. Any police, sheriff, or highway patrol station; |
| 60 | 3. Any detention facility, prison, or jail; |
| 61 | 4. Any courthouse; |
| 62 | 5. Any courtroom, except that nothing in this section |
| 63 | would preclude a judge from carrying a concealed weapon or |
| 64 | determining who will carry a concealed weapon in his or her |
| 65 | courtroom; |
| 66 | 6. Any polling place; |
| 67 | 7. Any meeting of the governing body of a county, public |
| 68 | school district, municipality, or special district; |
| 69 | 8. Any meeting of the Legislature or a committee thereof; |
| 70 | 9. Any school, college, or professional athletic event not |
| 71 | related to firearms; |
| 72 | 10. Any elementary or secondary school facility or |
| 73 | administration building; |
| 74 | 11. Any career center; |
| 75 | 12. Any portion of an establishment licensed to dispense |
| 76 | alcoholic beverages for consumption on the premises, which |
| 77 | portion of the establishment is primarily devoted to such |
| 78 | purpose; any elementary or secondary school facility; any career |
| 79 | center; |
| 80 | 13. Any college or university facility unless the licensee |
| 81 | is a registered student, employee, or faculty member of such |
| 82 | college or university and the weapon is a stun gun or nonlethal |
| 83 | electric weapon or device designed solely for defensive purposes |
| 84 | and the weapon does not fire a dart or projectile; |
| 85 | 14. The inside of the passenger terminal and sterile area |
| 86 | of any airport, provided that no person shall be prohibited from |
| 87 | carrying any legal firearm into the terminal, which firearm is |
| 88 | encased for shipment for purposes of checking such firearm as |
| 89 | baggage to be lawfully transported on any aircraft; or |
| 90 | 15. Any place where the carrying of firearms is prohibited |
| 91 | by federal law. |
| 92 | (b) A person licensed under this section shall not be |
| 93 | prohibited from carrying or storing a firearm in a vehicle for |
| 94 | lawful purposes. |
| 95 | (c) This subsection does not modify the terms or |
| 96 | conditions of s. 790.251(7). |
| 97 | (d) Any person who knowingly and willfully violates any |
| 98 | provision of this subsection commits a misdemeanor of the second |
| 99 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 100 | Section 2. Section 790.28, Florida Statutes, is repealed. |
| 101 | Section 3. Subsection (1) of section 790.065, Florida |
| 102 | Statutes, is amended to read: |
| 103 | 790.065 Sale and delivery of firearms.- |
| 104 | (1)(a) A licensed importer, licensed manufacturer, or |
| 105 | licensed dealer may not sell or deliver from her or his |
| 106 | inventory at her or his licensed premises any firearm to another |
| 107 | person, other than a licensed importer, licensed manufacturer, |
| 108 | licensed dealer, or licensed collector, until she or he has: |
| 109 | 1.(a) Obtained a completed form from the potential buyer |
| 110 | or transferee, which form shall have been promulgated by the |
| 111 | Department of Law Enforcement and provided by the licensed |
| 112 | importer, licensed manufacturer, or licensed dealer, which shall |
| 113 | include the name, date of birth, gender, race, and social |
| 114 | security number or other identification number of such potential |
| 115 | buyer or transferee and has inspected proper identification |
| 116 | including an identification containing a photograph of the |
| 117 | potential buyer or transferee. |
| 118 | 2.(b) Collected a fee from the potential buyer for |
| 119 | processing the criminal history check of the potential buyer. |
| 120 | The fee shall be established by the Department of Law |
| 121 | Enforcement and may not exceed $8 per transaction. The |
| 122 | Department of Law Enforcement may reduce, or suspend collection |
| 123 | of, the fee to reflect payment received from the Federal |
| 124 | Government applied to the cost of maintaining the criminal |
| 125 | history check system established by this section as a means of |
| 126 | facilitating or supplementing the National Instant Criminal |
| 127 | Background Check System. The Department of Law Enforcement |
| 128 | shall, by rule, establish procedures for the fees to be |
| 129 | transmitted by the licensee to the Department of Law |
| 130 | Enforcement. All such fees shall be deposited into the |
| 131 | Department of Law Enforcement Operating Trust Fund, but shall be |
| 132 | segregated from all other funds deposited into such trust fund |
| 133 | and must be accounted for separately. Such segregated funds must |
| 134 | not be used for any purpose other than the operation of the |
| 135 | criminal history checks required by this section. The Department |
| 136 | of Law Enforcement, each year prior to February 1, shall make a |
| 137 | full accounting of all receipts and expenditures of such funds |
| 138 | to the President of the Senate, the Speaker of the House of |
| 139 | Representatives, the majority and minority leaders of each house |
| 140 | of the Legislature, and the chairs of the appropriations |
| 141 | committees of each house of the Legislature. In the event that |
| 142 | the cumulative amount of funds collected exceeds the cumulative |
| 143 | amount of expenditures by more than $2.5 million, excess funds |
| 144 | may be used for the purpose of purchasing soft body armor for |
| 145 | law enforcement officers. |
| 146 | 3.(c) Requested, by means of a toll-free telephone call, |
| 147 | the Department of Law Enforcement to conduct a check of the |
| 148 | information as reported and reflected in the Florida Crime |
| 149 | Information Center and National Crime Information Center systems |
| 150 | as of the date of the request. |
| 151 | 4.(d) Received a unique approval number for that inquiry |
| 152 | from the Department of Law Enforcement, and recorded the date |
| 153 | and such number on the consent form. |
| 154 | (b) However, if the person purchasing, or receiving |
| 155 | delivery of, the firearm is a holder of a valid concealed |
| 156 | weapons or firearms license pursuant to the provisions of s. |
| 157 | 790.06 or holds an active certification from the Criminal |
| 158 | Justice Standards and Training Commission as a "law enforcement |
| 159 | officer," a "correctional officer," or a "correctional probation |
| 160 | officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or |
| 161 | (9), the provisions of this subsection does do not apply. |
| 162 | (c) This subsection does not apply to the purchase, trade, |
| 163 | or transfer of a rifle or shotgun by a resident of this state |
| 164 | when the resident makes such purchase, trade, or transfer from a |
| 165 | licensed importer, licensed manufacturer, or licensed dealer in |
| 166 | another state. |
| 167 | Section 4. This act shall take effect upon becoming a law. |