Florida Senate - 2016 CS for SB 300 By the Committee on Criminal Justice; and Senator Gaetz 591-00895-16 2016300c1 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 as long as such person is in compliance with 13 specified provisions; providing that a person or 14 entity who infringes on specified rights of an 15 individual may be subject to liability under specified 16 provisions; providing an exception; providing that 17 certain persons and entities have no immunity; 18 amending s. 790.25, F.S.; revising legislative 19 findings concerning the possession and carrying of 20 weapons and firearms; revising provisions concerning 21 the construction of provisions; providing an effective 22 date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 776.00111, Florida Statutes, is created 27 to read: 28 776.00111 Construction.—The judiciary shall employ strict 29 scrutiny in reviewing any statute that implicates the right to 30 bear arms or defend one’s self pursuant to this chapter. The 31 right to bear arms is a fundamental and individual right that 32 exists in any place that a person has the right to be, subject 33 only to exceptionally and narrowly tailored restrictions that 34 employ the least possible restriction on the right in order to 35 achieve a compelling government interest. 36 Section 2. Section 790.02, Florida Statutes, is amended to 37 read: 38 790.02 Officer to arrest without warrant and upon probable 39 cause.—The unlicensed carrying of a concealed weapon is declared 40 a breach of peace, and any officer authorized to make arrests 41 under the laws of this state may make arrests without warrant of 42 persons violating
the provisions ofs. 790.01 when said officer 43 has reasonable grounds orprobable cause to believe that the 44 offense of unlicensed carrying of a concealed weapon is being 45 committed. 46 Section 3. Section 790.053, Florida Statutes, is amended to 47 read: 48 790.053 Open carrying of weapons.— 49 (1) Subject to ss. 790.06 and 790.10, a person licensed to 50 carry a concealed firearm or weapon pursuant to this chapter may 51 openly carry such firearm or weapon; however, except as 52 otherwise provided by law and in subsection (2), it is unlawful 53 for any other person to openly carry on or about his or her 54 person a anyfirearm or electric weapon or device. It is not a55 violation of this section for a person licensed to carry a56 concealed firearm as provided in s. 790.06(1), and who is57 lawfully carrying a firearm in a concealed manner, to briefly58 and openly display the firearm to the ordinary sight of another59 person, unless the firearm is intentionally displayed in an60 angry or threatening manner, not in necessary self-defense.61 (2) A person may openly carry, for purposes of lawful self 62 defense: 63 (a) A self-defense chemical spray. 64 (b) A nonlethal stun gun or dart-firing stun gun or other 65 nonlethal electric weapon or device that is designed solely for 66 defensive purposes. 67 (3) Any person violating this section commits a misdemeanor 68 of the second degree, punishable as provided in s. 775.082 or s. 69 775.083. 70 (4) Unless probable cause exists to believe that a crime 71 has been committed by an individual, any person or entity 72 infringing upon the rights conferred on that individual by this 73 chapter, chapter 776, s. 8, Art. I of the State Constitution, or 74 the Second Amendment to the United States Constitution is liable 75 pursuant to s. 790.33(3)(c), (d), (e), and (f). Notwithstanding 76 any other law, no immunity shall apply to persons infringing on 77 such rights in violation of this subsection. 78 Section 4. Subsections (1) and (4) of section 790.25, 79 Florida Statutes, are amended to read: 80 790.25 Lawful ownership, possession, and use of firearms 81 and other weapons.— 82 (1) DECLARATION OF POLICY.—The Legislature finds as a 83 matter of public policy and fact that the possession and 84 carrying of weapons and firearms by law-abiding individuals for 85 lawful purposes, including self-defense, enhances public safety 86 and that it is necessary to promote firearms safety and to curb 87 and prevent the use of firearms and other weapons in crime and 88 by incompetent persons without prohibiting the lawful use in 89 defense of life, home, and property, and the use by United 90 States or state military organizations, and as otherwise now 91 authorized by law, including the right to use and own firearms 92 for target practice and marksmanship on target practice ranges 93 or other lawful places, and lawful hunting and other lawful 94 purposes. 95 (4) CONSTRUCTION.—The judiciary shall construe this act in 96 conjunction with the right to bear arms or defend one’s self as 97 provided in chapter 776. The right to bear arms and defend one’s 98 self is a fundamental and individual right that exists in any 99 place that a person has the right to be, subject only to 100 exceptionally and narrowly tailored restrictions that employ the 101 least possible restriction on the right in order to achieve a 102 compelling government interest. This act shall be liberally 103 construed to carry out the declaration of policy herein and in 104 favor of the constitutional right to keep and bear arms for 105 lawful purposes. This act is supplemental and additional to 106 existing rights to bear arms now guaranteed by law and decisions 107 of the courts of Florida, and nothing herein shall impair or 108 diminish any of such rights. This act shall supersede any law, 109 ordinance, or regulation in conflict herewith. 110 Section 5. This act shall take effect upon becoming a law.