Florida Senate - 2016 SB 300 By Senator Gaetz 1-00237A-16 2016300__ 1 A bill to be entitled 2 An act relating to weapons and firearms; creating s. 3 776.00111, F.S.; providing for construction of 4 statutes that implicate the right to bear arms or 5 engage in self-defense; amending s. 790.02, F.S.; 6 specifying that a law enforcement officer may arrest a 7 person for the unlicensed carrying of a concealed 8 weapon only upon probable cause that such a violation 9 is being committed; amending s. 790.053, F.S.; 10 providing that a person licensed to carry a concealed 11 firearm or weapon may also openly carry such firearm 12 or weapon; providing that a person or entity who 13 infringes on specified rights of an individual may be 14 subject to liability under specified provisions; 15 providing an exception; providing that certain persons 16 and entities have no immunity; amending s. 790.25, 17 F.S.; revising legislative findings concerning the 18 possession and carrying of weapons and firearms; 19 revising provisions concerning the construction of 20 provisions; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 776.00111, Florida Statutes, is created 25 to read: 26 776.00111 Construction.—The judiciary shall employ strict 27 scrutiny in reviewing any statute that implicates the right to 28 bear arms or defend one’s self pursuant to this chapter. The 29 right to bear arms is a fundamental and individual right that 30 exists in any place that a person has the right to be, subject 31 only to exceptionally and narrowly tailored restrictions that 32 employ the least possible restriction on the right in order to 33 achieve a compelling government interest. 34 Section 2. Section 790.02, Florida Statutes, is amended to 35 read: 36 790.02 Officer to arrest without warrant and upon probable 37 cause.—The unlicensed carrying of a concealed weapon is declared 38 a breach of peace, and any officer authorized to make arrests 39 under the laws of this state may make arrests without warrant of 40 persons violating
the provisions ofs. 790.01 when said officer 41 has reasonable grounds orprobable cause to believe that the 42 offense of unlicensed carrying of a concealed weapon is being 43 committed. 44 Section 3. Section 790.053, Florida Statutes, is amended to 45 read: 46 790.053 Open carrying of weapons.— 47 (1) A person licensed to carry a concealed firearm or 48 weapon pursuant to this chapter may openly carry such firearm or 49 weapon; however, except as otherwise provided by law and in 50 subsection (2), it is unlawful for any other person to openly 51 carry on or about his or her person a anyfirearm or electric 52 weapon or device. It is not a violation of this section for a53 person licensed to carry a concealed firearm as provided in s.54 790.06(1), and who is lawfully carrying a firearm in a concealed55 manner, to briefly and openly display the firearm to the56 ordinary sight of another person, unless the firearm is57 intentionally displayed in an angry or threatening manner, not58 in necessary self-defense.59 (2) A person may openly carry, for purposes of lawful self 60 defense: 61 (a) A self-defense chemical spray. 62 (b) A nonlethal stun gun or dart-firing stun gun or other 63 nonlethal electric weapon or device that is designed solely for 64 defensive purposes. 65 (3) Any person violating this section commits a misdemeanor 66 of the second degree, punishable as provided in s. 775.082 or s. 67 775.083. 68 (4) Unless probable cause exists to believe that a crime 69 has been committed by an individual, any person or entity 70 infringing upon the rights conferred on that individual by this 71 chapter, chapter 776, s. 8, Art. I of the State Constitution, or 72 the Second Amendment to the United States Constitution is liable 73 pursuant to s. 790.33(3)(c), (d), (e), and (f). Notwithstanding 74 any other law, no immunity shall apply to persons infringing on 75 such rights in violation of this subsection. 76 Section 4. Subsections (1) and (4) of section 790.25, 77 Florida Statutes, are amended to read: 78 790.25 Lawful ownership, possession, and use of firearms 79 and other weapons.— 80 (1) DECLARATION OF POLICY.—The Legislature finds as a 81 matter of public policy and fact that the possession and 82 carrying of weapons and firearms by law-abiding individuals for 83 lawful purposes, including self-defense, enhances public safety 84 and that it is necessary to promote firearms safety and to curb 85 and prevent the use of firearms and other weapons in crime and 86 by incompetent persons without prohibiting the lawful use in 87 defense of life, home, and property, and the use by United 88 States or state military organizations, and as otherwise now 89 authorized by law, including the right to use and own firearms 90 for target practice and marksmanship on target practice ranges 91 or other lawful places, and lawful hunting and other lawful 92 purposes. 93 (4) CONSTRUCTION.—The judiciary shall construe this act in 94 conjunction with the right to bear arms or defend one’s self as 95 provided in chapter 776. The right to bear arms and defend one’s 96 self is a fundamental and individual right that exists in any 97 place that a person has the right to be, subject only to 98 exceptionally and narrowly tailored restrictions that employ the 99 least possible restriction on the right in order to achieve a 100 compelling government interest. This act shall be liberally 101 construed to carry out the declaration of policy herein and in 102 favor of the constitutional right to keep and bear arms for 103 lawful purposes. This act is supplemental and additional to 104 existing rights to bear arms now guaranteed by law and decisions 105 of the courts of Florida, and nothing herein shall impair or 106 diminish any of such rights. This act shall supersede any law, 107 ordinance, or regulation in conflict herewith. 108 Section 5. This act shall take effect upon becoming a law.