Senate Bill 1810c1

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    Florida Senate - 1998                           CS for SB 1810

    By the Committee on Criminal Justice and Senator Harris





    307-2034-98

  1                      A bill to be entitled

  2         An act relating to firearms-related licenses;

  3         amending ss. 493.6111, 493.6113, F.S.;

  4         extending the licensure period for certain

  5         licenses; amending s. 790.06, F.S.; extending

  6         the licensure period for concealed weapons

  7         licenses; requiring persons who conduct or

  8         instruct certain gun safety and licensure

  9         courses to maintain records; disqualifying

10         persons convicted of a DUI offense from

11         obtaining a concealed weapons license;

12         providing for an annual records check of

13         licenseholders; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (2) of section 493.6111, Florida

18  Statutes, is amended to read:

19         493.6111  License; contents; identification card.--

20         (2)  Licenses shall be valid for a period of 2 years,

21  except for Class "A," Class "B," Class "AB," Class "R," and

22  branch agency licenses, which shall be valid for a period of 3

23  years.

24         Section 2.  Subsection (1) of section 493.6113, Florida

25  Statutes, is amended to read:

26         493.6113  Renewal application for licensure.--

27         (1)  A license granted under the provisions of this

28  chapter shall be renewed biennially by the department, except

29  for Class "A," Class "B," Class "AB," Class "R," and branch

30  agency licenses, which shall be renewed every 3 years.

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    Florida Senate - 1998                           CS for SB 1810
    307-2034-98




  1         Section 3.  Subsections (1) and (2) of section 790.06,

  2  Florida Statutes, are amended, and subsection (18) is added to

  3  that section, to read:

  4         790.06  License to carry concealed weapon or firearm.--

  5         (1)  The Department of State is authorized to issue

  6  licenses to carry concealed weapons or concealed firearms to

  7  persons qualified as provided in this section.  Each such

  8  license must bear a color photograph of the licensee.  For the

  9  purposes of this section, concealed weapons or concealed

10  firearms are defined as a handgun, electronic weapon or

11  device, tear gas gun, knife, or billie, but the term does not

12  include a machine gun as defined in s. 790.001(9).  Such

13  licenses shall be valid throughout the state for a period of 5

14  3 years from the date of issuance.  Any person in compliance

15  with the terms of such license may carry a concealed weapon or

16  concealed firearm notwithstanding the provisions of s. 790.01.

17  The licensee must carry the license, together with valid

18  identification, at all times in which the licensee is in

19  actual possession of a concealed weapon or firearm and must

20  display both the license and proper identification upon demand

21  by a law enforcement officer. Violations of the provisions of

22  this subsection shall constitute a noncriminal violation with

23  a penalty of $25, payable to the clerk of the court.

24         (2)  The Department of State shall issue a license if

25  the applicant:

26         (a)  Is a resident of the United States or is a

27  consular security official of a foreign government that

28  maintains diplomatic relations and treaties of commerce,

29  friendship, and navigation with the United States and is

30  certified as such by the foreign government and by the

31  appropriate embassy in this country;

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    Florida Senate - 1998                           CS for SB 1810
    307-2034-98




  1         (b)  Is 21 years of age or older;

  2         (c)  Does not suffer from a physical infirmity which

  3  prevents the safe handling of a weapon or firearm;

  4         (d)  Is not ineligible to possess a firearm pursuant to

  5  s. 790.23 by virtue of having been convicted of a felony;

  6         (e)  Has not been committed for the abuse of a

  7  controlled substance or been found guilty of a crime under the

  8  provisions of chapter 893 or similar laws of any other state

  9  relating to controlled substances within a 3-year period

10  immediately preceding the date on which the application is

11  submitted;

12         (f)  Does not chronically and habitually use alcoholic

13  beverages or other substances to the extent that his or her

14  normal faculties are impaired. It shall be presumed that an

15  applicant chronically and habitually uses alcoholic beverages

16  or other substances to the extent that his or her normal

17  faculties are impaired if the applicant has been committed

18  under chapter 397 or under the provisions of former chapter

19  396 or has been convicted under s. 790.151 or has been deemed

20  a habitual offender under s. 856.011(3), or has had two or

21  more convictions under s. 316.193 or similar laws of any other

22  state, within the 3-year period immediately preceding the date

23  on which the application is submitted;

24         (g)  Desires a legal means to carry a concealed weapon

25  or firearm for lawful self-defense;

26         (h)  Demonstrates competence with a firearm by any one

27  of the following:

28         1.  Completion of any hunter education or hunter safety

29  course approved by the Game and Fresh Water Fish Commission or

30  a similar agency of another state;

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    Florida Senate - 1998                           CS for SB 1810
    307-2034-98




  1         2.  Completion of any National Rifle Association

  2  firearms safety or training course;

  3         3.  Completion of any firearms safety or training

  4  course or class available to the general public offered by a

  5  law enforcement, junior college, college, or private or public

  6  institution or organization or firearms training school,

  7  utilizing instructors certified by the National Rifle

  8  Association, Criminal Justice Standards and Training

  9  Commission, or the Department of State;

10         4.  Completion of any law enforcement firearms safety

11  or training course or class offered for security guards,

12  investigators, special deputies, or any division or

13  subdivision of law enforcement or security enforcement;

14         5.  Presents evidence of equivalent experience with a

15  firearm through participation in organized shooting

16  competition or military service;

17         6.  Is licensed or has been licensed to carry a firearm

18  in this state or a county or municipality of this state,

19  unless such license has been revoked for cause; or

20         7.  Completion of any firearms training or safety

21  course or class conducted by a state-certified or National

22  Rifle Association certified firearms instructor;

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24  A photocopy of a certificate of completion of any of the

25  courses or classes; or an affidavit from the instructor,

26  school, club, organization, or group that conducted or taught

27  said course or class attesting to the completion of the course

28  or class by the applicant; or a copy of any document which

29  shows completion of the course or class or evidences

30  participation in firearms competition shall constitute

31  evidence of qualification under this paragraph; any person who

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    Florida Senate - 1998                           CS for SB 1810
    307-2034-98




  1  conducts a course pursuant to subparagraph 2., subparagraph

  2  3., or subparagraph 7., or who, as an instructor, attests to

  3  the completion of such courses, must maintain records

  4  certifying that he or she observed the student safely handle

  5  and discharge the firearm;

  6         (i)  Has not been adjudicated an incapacitated person

  7  under s. 744.331, or similar laws of any other state, unless 5

  8  years have elapsed since the applicant's restoration to

  9  capacity by court order;

10         (j)  Has not been committed to a mental institution

11  under chapter 394, or similar laws of any other state, unless

12  the applicant produces a certificate from a licensed

13  psychiatrist that he or she has not suffered from disability

14  for at least 5 years prior to the date of submission of the

15  application; and

16         (k)  Has not had adjudication of guilt withheld or

17  imposition of sentence suspended on any felony unless 3 years

18  have elapsed since probation or any other conditions set by

19  the court have been fulfilled, or the record has been sealed

20  or expunged; and.

21         (l)  Has not been convicted of a violation of s.

22  316.193 or a similar law of another state.

23         (18)  The Department of State shall conduct an annual

24  records check of licenseholders to verify compliance with this

25  section.

26         Section 4.  This act shall take effect July 1, 1998,

27  but it shall not extend the validity date on any license

28  issued prior to this date.

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    Florida Senate - 1998                           CS for SB 1810
    307-2034-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1810

  3

  4  .    Amends the concealed weapons license section to
         disqualify, as license holders, persons with a prior
  5       conviction for DUI.

  6  .    Amends the concealed weapons license section to require
         the Department of State to conduct a records check of
  7       license holders to assure compliance with the provisions
         of the concealed weapons law.
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    .    Specifies that the effective date shall not extend the
  9       validity date on any license issued prior to the
         effective date.
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