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 openly carry a handgun |
5 | notwithstanding specified provisions; allowing the |
6 | Division of Licensing of the Department of Agriculture and |
7 | Consumer Services to take fingerprints from concealed |
8 | carry license applicants; providing that a person may not |
9 | openly carry a weapon or firearm or carry a concealed |
10 | weapon or firearm into specified locations; providing that |
11 | concealed carry licensees shall not be prohibited from |
12 | carrying or storing a firearm in a vehicle for lawful |
13 | purposes; providing that a provision limiting the scope of |
14 | a license to carry a concealed weapon or firearm does not |
15 | modify certain exceptions to prohibited acts with respect |
16 | to a person's right to keep and bear arms in motor |
17 | vehicles for certain purposes; repealing s. 790.28, F.S., |
18 | relating to the purchase of rifles and shotguns in |
19 | contiguous states; amending s. 790.065, F.S.; providing |
20 | that specified provisions do not apply to certain firearms |
21 | transactions by a resident of this state; providing an |
22 | effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Subsection (1), paragraph (c) of subsection |
27 | (5), and subsection (12) of section 790.06, Florida Statutes, |
28 | are amended to read: |
29 | 790.06 License to carry concealed weapon or firearm.- |
30 | (1) The Department of Agriculture and Consumer Services is |
31 | authorized to issue licenses to carry concealed weapons or |
32 | concealed firearms to persons qualified as provided in this |
33 | section. Each such license must bear a color photograph of the |
34 | licensee. For the purposes of this section, concealed weapons or |
35 | concealed firearms are defined as a handgun, electronic weapon |
36 | or device, tear gas gun, knife, or billie, but the term does not |
37 | include a machine gun as defined in s. 790.001(9). Such licenses |
38 | shall be valid throughout the state for a period of 7 years from |
39 | the date of issuance. Any person in compliance with the terms of |
40 | such license may carry a concealed weapon or concealed firearm |
41 | notwithstanding the provisions of s. 790.01 or may openly carry |
42 | a handgun, as defined in s. 790.0655, notwithstanding s. |
43 | 790.053. The licensee must carry the license, together with |
44 | valid identification, at all times in which the licensee is in |
45 | actual possession of a concealed weapon or firearm and must |
46 | display both the license and proper identification upon demand |
47 | by a law enforcement officer. A violation Violations of the |
48 | provisions of this subsection shall constitute a noncriminal |
49 | violation with a penalty of $25, payable to the clerk of the |
50 | court. |
51 | (5) The applicant shall submit to the Department of |
52 | Agriculture and Consumer Services: |
53 | (c) A full set of fingerprints of the applicant |
54 | administered by a law enforcement agency or the Division of |
55 | Licensing of the Department of Agriculture and Consumer |
56 | Services. |
57 | (12)(a) A No license issued under pursuant to this section |
58 | does not shall authorize any person to openly carry a handgun or |
59 | carry a concealed weapon or firearm into: |
60 | 1. Any place of nuisance as defined in s. 823.05; |
61 | 2. Any police, sheriff, or highway patrol station; |
62 | 3. Any detention facility, prison, or jail; |
63 | 4. Any courthouse; |
64 | 5. Any courtroom, except that nothing in this section |
65 | would preclude a judge from carrying a concealed weapon or |
66 | determining who will carry a concealed weapon in his or her |
67 | courtroom; |
68 | 6. Any polling place; |
69 | 7. Any meeting of the governing body of a county, public |
70 | school district, municipality, or special district; |
71 | 8. Any meeting of the Legislature or a committee thereof; |
72 | 9. Any school, college, or professional athletic event not |
73 | related to firearms; |
74 | 10. Any elementary or secondary school facility or |
75 | administration building; |
76 | 11. Any career center; |
77 | 12. Any portion of an establishment licensed to dispense |
78 | alcoholic beverages for consumption on the premises, which |
79 | portion of the establishment is primarily devoted to such |
80 | purpose; any elementary or secondary school facility; any career |
81 | center; |
82 | 13. Any college or university facility unless the licensee |
83 | is a registered student, employee, or faculty member of such |
84 | college or university and the weapon is a stun gun or nonlethal |
85 | electric weapon or device designed solely for defensive purposes |
86 | and the weapon does not fire a dart or projectile; |
87 | 14. The inside of the passenger terminal and sterile area |
88 | of any airport, provided that no person shall be prohibited from |
89 | carrying any legal firearm into the terminal, which firearm is |
90 | encased for shipment for purposes of checking such firearm as |
91 | baggage to be lawfully transported on any aircraft; or |
92 | 15. Any place where the carrying of firearms is prohibited |
93 | by federal law. |
94 | (b) A person licensed under this section shall not be |
95 | prohibited from carrying or storing a firearm in a vehicle for |
96 | lawful purposes. |
97 | (c) This subsection does not modify the terms or |
98 | conditions of s. 790.251(7). |
99 | (d) Any person who knowingly and willfully violates any |
100 | provision of this subsection commits a misdemeanor of the second |
101 | degree, punishable as provided in s. 775.082 or s. 775.083. |
102 | Section 2. Section 790.28, Florida Statutes, is repealed. |
103 | Section 3. Subsection (1) of section 790.065, Florida |
104 | Statutes, is amended to read: |
105 | 790.065 Sale and delivery of firearms.- |
106 | (1)(a) A licensed importer, licensed manufacturer, or |
107 | licensed dealer may not sell or deliver from her or his |
108 | inventory at her or his licensed premises any firearm to another |
109 | person, other than a licensed importer, licensed manufacturer, |
110 | licensed dealer, or licensed collector, until she or he has: |
111 | 1.(a) Obtained a completed form from the potential buyer |
112 | or transferee, which form shall have been promulgated by the |
113 | Department of Law Enforcement and provided by the licensed |
114 | importer, licensed manufacturer, or licensed dealer, which shall |
115 | include the name, date of birth, gender, race, and social |
116 | security number or other identification number of such potential |
117 | buyer or transferee and has inspected proper identification |
118 | including an identification containing a photograph of the |
119 | potential buyer or transferee. |
120 | 2.(b) Collected a fee from the potential buyer for |
121 | processing the criminal history check of the potential buyer. |
122 | The fee shall be established by the Department of Law |
123 | Enforcement and may not exceed $8 per transaction. The |
124 | Department of Law Enforcement may reduce, or suspend collection |
125 | of, the fee to reflect payment received from the Federal |
126 | Government applied to the cost of maintaining the criminal |
127 | history check system established by this section as a means of |
128 | facilitating or supplementing the National Instant Criminal |
129 | Background Check System. The Department of Law Enforcement |
130 | shall, by rule, establish procedures for the fees to be |
131 | transmitted by the licensee to the Department of Law |
132 | Enforcement. All such fees shall be deposited into the |
133 | Department of Law Enforcement Operating Trust Fund, but shall be |
134 | segregated from all other funds deposited into such trust fund |
135 | and must be accounted for separately. Such segregated funds must |
136 | not be used for any purpose other than the operation of the |
137 | criminal history checks required by this section. The Department |
138 | of Law Enforcement, each year prior to February 1, shall make a |
139 | full accounting of all receipts and expenditures of such funds |
140 | to the President of the Senate, the Speaker of the House of |
141 | Representatives, the majority and minority leaders of each house |
142 | of the Legislature, and the chairs of the appropriations |
143 | committees of each house of the Legislature. In the event that |
144 | the cumulative amount of funds collected exceeds the cumulative |
145 | amount of expenditures by more than $2.5 million, excess funds |
146 | may be used for the purpose of purchasing soft body armor for |
147 | law enforcement officers. |
148 | 3.(c) Requested, by means of a toll-free telephone call, |
149 | the Department of Law Enforcement to conduct a check of the |
150 | information as reported and reflected in the Florida Crime |
151 | Information Center and National Crime Information Center systems |
152 | as of the date of the request. |
153 | 4.(d) Received a unique approval number for that inquiry |
154 | from the Department of Law Enforcement, and recorded the date |
155 | and such number on the consent form. |
156 | (b) However, if the person purchasing, or receiving |
157 | delivery of, the firearm is a holder of a valid concealed |
158 | weapons or firearms license pursuant to the provisions of s. |
159 | 790.06 or holds an active certification from the Criminal |
160 | Justice Standards and Training Commission as a "law enforcement |
161 | officer," a "correctional officer," or a "correctional probation |
162 | officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or |
163 | (9), the provisions of this subsection does do not apply. |
164 | (c) This subsection does not apply to the purchase, trade, |
165 | or transfer of a rifle or shotgun by a resident of this state |
166 | when the resident makes such purchase, trade, or transfer from a |
167 | licensed importer, licensed manufacturer, or licensed dealer in |
168 | another state. |
169 | Section 4. This act shall take effect upon becoming a law. |