Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 328
Ì939294LÎ939294
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Powell) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 482 - 484
4 and insert:
5 Section 17. Subsection (2) and paragraph (f) of subsection
6 (5) of section 790.06, Florida Statutes, are amended to read:
7 790.06 License to carry concealed weapon or firearm.—
8 (2) The Department of Agriculture and Consumer Services
9 shall issue a license if the applicant:
10 (a) Is a resident of the United States and a citizen of the
11 United States or a permanent resident alien of the United
12 States, as determined by the United States Bureau of Citizenship
13 and Immigration Services, or is a consular security official of
14 a foreign government that maintains diplomatic relations and
15 treaties of commerce, friendship, and navigation with the United
16 States and is certified as such by the foreign government and by
17 the appropriate embassy in this country;
18 (b) Is 21 years of age or older;
19 (c) Does not suffer from a physical infirmity that which
20 prevents the safe handling of a weapon or firearm;
21 (d) Is not ineligible to possess a firearm pursuant to s.
22 790.23 by virtue of having been convicted of a felony;
23 (e) Has not been:
24 1. Found guilty of a crime under the provisions of chapter
25 893 or similar laws of any other state relating to controlled
26 substances within a 3-year period immediately preceding the date
27 on which the application is submitted; or
28 2. Committed for the abuse of a controlled substance under
29 chapter 397 or under the provisions of former chapter 396 or
30 similar laws of any other state. An applicant who has been
31 granted relief from firearms disabilities pursuant to s.
32 790.065(2)(a)4.d. or pursuant to the law of the state in which
33 the commitment occurred is deemed not to be committed for the
34 abuse of a controlled substance under this subparagraph;
35 (f) Does not chronically and habitually use alcoholic
36 beverages or other substances to the extent that his or her
37 normal faculties are impaired. It shall be presumed that an
38 applicant chronically and habitually uses alcoholic beverages or
39 other substances to the extent that his or her normal faculties
40 are impaired if the applicant has been convicted under s.
41 790.151 or has been deemed a habitual offender under s.
42 856.011(3), or has had two or more convictions under s. 316.193
43 or similar laws of any other state, within the 3-year period
44 immediately preceding the date on which the application is
45 submitted;
46 (g) Desires a legal means to carry a concealed weapon or
47 firearm for lawful self-defense;
48 (h) Demonstrates competence with a firearm by any one of
49 the following:
50 1. Completion of any hunter education or hunter safety
51 course approved by the Fish and Wildlife Conservation Commission
52 or a similar agency of another state;
53 2. Completion of any National Rifle Association firearms
54 safety or training course;
55 3. Completion of any firearms safety or training course or
56 class available to the general public offered by a law
57 enforcement agency, junior college, college, or private or
58 public institution or organization or firearms training school,
59 using instructors certified by the National Rifle Association,
60 Criminal Justice Standards and Training Commission, or the
61 Department of Agriculture and Consumer Services;
62 4. Completion of any law enforcement firearms safety or
63 training course or class offered for security guards,
64 investigators, special deputies, or any division or subdivision
65 of a law enforcement agency or security enforcement;
66 5. Presents evidence of equivalent experience with a
67 firearm through participation in organized shooting competition
68 or military service;
69 6. Is licensed or has been licensed to carry a firearm in
70 this state or a county or municipality of this state, unless
71 such license has been revoked for cause; or
72 7. Completion of any firearms training or safety course or
73 class conducted by a state-certified or National Rifle
74 Association certified firearms instructor;
75
76 A photocopy of a certificate of completion of any of the courses
77 or classes; an affidavit from the instructor, school, club,
78 organization, or group that conducted or taught such course or
79 class attesting to the completion of the course or class by the
80 applicant; or a copy of any document that shows completion of
81 the course or class or evidences participation in firearms
82 competition shall constitute evidence of qualification under
83 this paragraph. A person who conducts a course pursuant to
84 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
85 an instructor, attests to the completion of such courses, must
86 maintain records certifying that he or she observed the student
87 safely handle and discharge the firearm in his or her physical
88 presence and that the discharge of the firearm included live
89 fire using a firearm and ammunition as defined in s. 790.001;
90 (i) Has not been adjudicated an incapacitated person under
91 s. 744.331, or similar laws of any other state. An applicant who
92 has been granted relief from firearms disabilities pursuant to
93 s. 790.065(2)(a)4.d. or pursuant to the law of the state in
94 which the adjudication occurred is deemed not to have been
95 adjudicated an incapacitated person under this paragraph;
96 (j) Has not been committed to a mental institution under
97 chapter 394, or similar laws of any other state. An applicant
98 who has been granted relief from firearms disabilities pursuant
99 to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
100 which the commitment occurred is deemed not to have been
101 committed in a mental institution under this paragraph;
102 (k) Has not had adjudication of guilt withheld or
103 imposition of sentence suspended on any felony unless 3 years
104 have elapsed since probation or any other conditions set by the
105 court have been fulfilled, or expunction has occurred;
106 (l) Has not had adjudication of guilt withheld or
107 imposition of sentence suspended on any misdemeanor crime of
108 domestic violence unless 3 years have elapsed since probation or
109 any other conditions set by the court have been fulfilled, or
110 the record has been expunged;
111 (m) Has not been issued an injunction that is currently in
112 force and effect and that restrains the applicant from
113 committing acts of domestic violence or acts of repeat violence;
114 and
115 (n) Has undergone a mental health evaluation conducted by a
116 clinical psychologist or a psychiatrist, as those terms are
117 defined in s. 394.455, and has been determined to be competent
118 and of sound mind; and
119 (o)(n) Is not prohibited from purchasing or possessing a
120 firearm by any other provision of Florida or federal law.
121
122 ================= T I T L E A M E N D M E N T ================
123 And the title is amended as follows:
124 Delete line 2
125 and insert:
126 An act relating to veteran identification and gun
127 safety; amending s. 790.06, F.S.; requiring the
128 Department of Agriculture and Consumer Services to
129 issue a license if, in addition to other specified
130 criteria, the applicant has undergone a mental health
131 evaluation conducted by certain licensed professionals
132 and has been determined to be competent; creating s.