2011 Legislature             CS for CS for SB 234, 1st Engrossed
    2         An act relating to firearms; amending s. 790.053,
    3         F.S.; providing that a person who is licensed to carry
    4         a concealed firearm is not in violation of law if the
    5         firearm is briefly and openly displayed under certain
    6         circumstances; amending s. 790.06, F.S.; allowing the
    7         Division of Licensing of the Department of Agriculture
    8         and Consumer Services to take fingerprints from
    9         concealed carry license applicants; providing that a
   10         person may not openly carry a weapon or firearm or
   11         carry a concealed weapon or firearm into specified
   12         locations; providing that concealed carry licensees
   13         shall not be prohibited from carrying or storing a
   14         firearm in a vehicle for lawful purposes; providing
   15         that a provision limiting the scope of a license to
   16         carry a concealed weapon or firearm does not modify
   17         certain exceptions to prohibited acts with respect to
   18         a person’s right to keep and bear arms in motor
   19         vehicles for certain purposes; repealing s. 790.28,
   20         F.S., relating to the purchase of rifles and shotguns
   21         in contiguous states; amending s. 790.065, F.S.;
   22         providing that specified provisions do not apply to
   23         certain firearms transactions by a resident of this
   24         state; providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Subsection (1) of section 790.053, Florida
   29  Statutes, is amended to read:
   30         790.053 Open carrying of weapons.—
   31         (1) Except as otherwise provided by law and in subsection
   32  (2), it is unlawful for any person to openly carry on or about
   33  his or her person any firearm or electric weapon or device. It
   34  is not a violation of this section for a person licensed to
   35  carry a concealed firearm as provided in s. 790.06(1), and who
   36  is lawfully carrying a firearm in a concealed manner, to briefly
   37  and openly display the firearm to the ordinary sight of another
   38  person, unless the firearm is intentionally displayed in an
   39  angry or threatening manner, not in necessary self-defense.
   40         Section 2. Paragraph (c) of subsection (5) and subsection
   41  (12) of section 790.06, Florida Statutes, are amended to read:
   42         790.06 License to carry concealed weapon or firearm.—
   43         (5) The applicant shall submit to the Department of
   44  Agriculture and Consumer Services:
   45         (c) A full set of fingerprints of the applicant
   46  administered by a law enforcement agency or the Division of
   47  Licensing of the Department of Agriculture and Consumer
   48  Services.
   49         (12)(a)A No license issued under pursuant to this section
   50  does not shall authorize any person to openly carry a handgun or
   51  carry a concealed weapon or firearm into:
   52         1. Any place of nuisance as defined in s. 823.05;
   53         2. Any police, sheriff, or highway patrol station;
   54         3. Any detention facility, prison, or jail;
   55         4. Any courthouse;
   56         5. Any courtroom, except that nothing in this section would
   57  preclude a judge from carrying a concealed weapon or determining
   58  who will carry a concealed weapon in his or her courtroom;
   59         6. Any polling place;
   60         7. Any meeting of the governing body of a county, public
   61  school district, municipality, or special district;
   62         8. Any meeting of the Legislature or a committee thereof;
   63         9. Any school, college, or professional athletic event not
   64  related to firearms;
   65         10. Any elementary or secondary school facility or
   66  administration building;
   67         11. Any career center;
   68         12. Any portion of an establishment licensed to dispense
   69  alcoholic beverages for consumption on the premises, which
   70  portion of the establishment is primarily devoted to such
   71  purpose; any elementary or secondary school facility; any career
   72  center;
   73         13. Any college or university facility unless the licensee
   74  is a registered student, employee, or faculty member of such
   75  college or university and the weapon is a stun gun or nonlethal
   76  electric weapon or device designed solely for defensive purposes
   77  and the weapon does not fire a dart or projectile;
   78         14. The inside of the passenger terminal and sterile area
   79  of any airport, provided that no person shall be prohibited from
   80  carrying any legal firearm into the terminal, which firearm is
   81  encased for shipment for purposes of checking such firearm as
   82  baggage to be lawfully transported on any aircraft; or
   83         15. Any place where the carrying of firearms is prohibited
   84  by federal law.
   85         (b) A person licensed under this section shall not be
   86  prohibited from carrying or storing a firearm in a vehicle for
   87  lawful purposes.
   88         (c) This section does not modify the terms or conditions of
   89  s. 790.251(7).
   90         (d) Any person who knowingly and willfully violates any
   91  provision of this subsection commits a misdemeanor of the second
   92  degree, punishable as provided in s. 775.082 or s. 775.083.
   93         Section 3. Section 790.28, Florida Statutes, is repealed.
   94         Section 4. Subsection (1) of section 790.065, Florida
   95  Statutes, is amended to read:
   96         790.065 Sale and delivery of firearms.—
   97         (1)(a) A licensed importer, licensed manufacturer, or
   98  licensed dealer may not sell or deliver from her or his
   99  inventory at her or his licensed premises any firearm to another
  100  person, other than a licensed importer, licensed manufacturer,
  101  licensed dealer, or licensed collector, until she or he has:
  102         1.(a) Obtained a completed form from the potential buyer or
  103  transferee, which form shall have been promulgated by the
  104  Department of Law Enforcement and provided by the licensed
  105  importer, licensed manufacturer, or licensed dealer, which shall
  106  include the name, date of birth, gender, race, and social
  107  security number or other identification number of such potential
  108  buyer or transferee and has inspected proper identification
  109  including an identification containing a photograph of the
  110  potential buyer or transferee.
  111         2.(b) Collected a fee from the potential buyer for
  112  processing the criminal history check of the potential buyer.
  113  The fee shall be established by the Department of Law
  114  Enforcement and may not exceed $8 per transaction. The
  115  Department of Law Enforcement may reduce, or suspend collection
  116  of, the fee to reflect payment received from the Federal
  117  Government applied to the cost of maintaining the criminal
  118  history check system established by this section as a means of
  119  facilitating or supplementing the National Instant Criminal
  120  Background Check System. The Department of Law Enforcement
  121  shall, by rule, establish procedures for the fees to be
  122  transmitted by the licensee to the Department of Law
  123  Enforcement. All such fees shall be deposited into the
  124  Department of Law Enforcement Operating Trust Fund, but shall be
  125  segregated from all other funds deposited into such trust fund
  126  and must be accounted for separately. Such segregated funds must
  127  not be used for any purpose other than the operation of the
  128  criminal history checks required by this section. The Department
  129  of Law Enforcement, each year prior to February 1, shall make a
  130  full accounting of all receipts and expenditures of such funds
  131  to the President of the Senate, the Speaker of the House of
  132  Representatives, the majority and minority leaders of each house
  133  of the Legislature, and the chairs of the appropriations
  134  committees of each house of the Legislature. In the event that
  135  the cumulative amount of funds collected exceeds the cumulative
  136  amount of expenditures by more than $2.5 million, excess funds
  137  may be used for the purpose of purchasing soft body armor for
  138  law enforcement officers.
  139         3.(c) Requested, by means of a toll-free telephone call,
  140  the Department of Law Enforcement to conduct a check of the
  141  information as reported and reflected in the Florida Crime
  142  Information Center and National Crime Information Center systems
  143  as of the date of the request.
  144         4.(d) Received a unique approval number for that inquiry
  145  from the Department of Law Enforcement, and recorded the date
  146  and such number on the consent form.
  147         (b) However, if the person purchasing, or receiving
  148  delivery of, the firearm is a holder of a valid concealed
  149  weapons or firearms license pursuant to the provisions of s.
  150  790.06 or holds an active certification from the Criminal
  151  Justice Standards and Training Commission as a “law enforcement
  152  officer,” a “correctional officer,” or a “correctional probation
  153  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  154  (9), the provisions of this subsection does do not apply.
  155         (c) This subsection does not apply to the purchase, trade,
  156  or transfer of a rifle or shotgun by a resident of this state
  157  when the resident makes such purchase, trade, or transfer from a
  158  licensed importer, licensed manufacturer, or licensed dealer in
  159  another state.
  160         Section 5. This act shall take effect upon becoming a law.