Senate Bill 0662

CODING: Words stricken are deletions; words underlined are additions.

s0600-98
s0662

    Florida Senate - 1998                                   SB 662

    By Senator Turner





    36-681-98                                          See HB 3315

  1                      A bill to be entitled

  2         An act relating to weapons and firearms;

  3         amending s. 790.001, F.S.; revising a

  4         definition; amending s. 790.06, F.S.; revising

  5         conditions precedent to the issuance of a

  6         license to carry a concealed weapon or firearm;

  7         requiring the denial or revocation of a license

  8         under specified circumstances; providing an

  9         additional condition under which a license

10         shall be suspended or revoked pursuant to ch.

11         120, F.S.; expanding provisions relating to

12         areas upon which concealed weapons or firearms

13         shall not be carried; increasing the penalty

14         for violation; amending s. 790.065, F.S.,

15         relating to sale and delivery of firearms;

16         including a specified misdemeanor penalty

17         within conditions which constitute conditional

18         nonapproval of a licensee; providing for

19         suspension of a specified time limitation under

20         certain conditions; revising procedure to

21         provide for issuance of a nonapproval number to

22         potential buyers prohibited from owning a

23         firearm; providing a time limit within which

24         specified records shall be destroyed; repealing

25         s. 790.065(13), F.S., as created by chapter

26         89-191, Laws of Florida; nullifying the

27         scheduled repeal of s. 790.065, F.S., on the

28         effective date of federal law which provides

29         access to national criminal history information

30         and requires national criminal history checks

31         on potential buyers or transferees on firearms;

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         repealing s. 790.065(14), F.S., as created by

  2         chapter 93-197, Laws of Florida; nullifying the

  3         scheduled repeal of s. 790.065, F.S., on

  4         October 1, 1999; amending s. 790.0655, F.S.;

  5         revising provisions relating to the mandatory

  6         3-day waiting period between the purchase and

  7         delivery of a handgun; providing a penalty;

  8         creating s. 790.0657, F.S.; providing for

  9         regulation of the sale of firearms at gun

10         shows; providing definitions; requiring that

11         persons promoting the sale of firearms in the

12         state through gun shows register with the

13         Florida Department of Law Enforcement;

14         requiring the promoter of any gun show at which

15         firearms are being sold to be a firearms

16         dealer; requiring all sales and transfers of

17         firearms at a gun show to be subject to

18         background check provisions of s. 790.065,

19         F.S.; providing a first-degree misdemeanor

20         penalty for the sale or transfer of a firearm

21         within 1,000 feet of a gun show by specified

22         unauthorized persons; requiring gun show

23         promoters to pay a fee to defray the cost of

24         firearm purchase program services; providing an

25         appropriation to fund such services; amending

26         s. 790.08, F.S.; authorizing the submission of

27         seized handguns to the Florida Department of

28         Law Enforcement; requiring the department to

29         forward serial numbers of seized handguns to

30         the Federal Bureau of Alcohol, Tobacco, and

31         Firearms for specified tracing and

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         identification purposes; amending s. 790.10,

  2         F.S.; increasing the penalty for improper

  3         exhibition of dangerous weapons or firearms;

  4         amending s. 790.115, F.S., relating to the

  5         prohibition against possessing or discharging

  6         weapons or firearms on school property;

  7         clarifying language relative to a specified

  8         exception; amending s. 790.17, F.S.; providing

  9         that a person may not knowingly or willfully

10         rent, barter, lend, or give a firearm to a

11         minor; providing a penalty; increasing the

12         penalty for sale or transfer of a firearm to a

13         minor; amending s. 790.22, F.S.; revising

14         penalty requirements for offenses involving

15         possession of a firearm by a minor under 18

16         years of age; amending s. 790.23, F.S.;

17         providing an additional condition which

18         constitutes unlawful ownership or possession of

19         specified firearms or weapons; amending s.

20         790.25, F.S.; providing additional exclusions

21         from the protections of provisions governing

22         lawful ownership, possession, and use of

23         firearms and other weapons; including

24         correctional officers among persons who may

25         lawfully own, possess, and use firearms and

26         other weapons; amending s. 790.256, F.S.;

27         requiring the Department of Children and Family

28         Services to prepare specified public service

29         announcements; amending s. 790.27, F.S.;

30         increasing the penalty for selling, delivering,

31         or possessing any firearm on which the

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         manufacturer's or importer's serial number has

  2         been unlawfully altered or removed; amending s.

  3         790.33, F.S.; authorizing the option of any

  4         county to require handgun registration and

  5         reporting of handgun title transfers; providing

  6         an effective date.

  7

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

  9

10         Section 1.  Subsection (17) of section 790.001, Florida

11  Statutes, is amended to read:

12         790.001  Definitions.--As used in this chapter, except

13  where the context otherwise requires:

14         (17)  "Securely encased" means in a locked glove

15  compartment, whether or not locked; snapped in a holster; in a

16  locked gun case, whether or not locked; in a zippered gun

17  case; or in a locked closed box or container which requires a

18  lid or cover to be opened for access.

19         Section 2.  Subsections (2), (3), (10), and (12) of

20  section 790.06, Florida Statutes, are amended to read:

21         790.06  License to carry concealed weapon or firearm.--

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

23  the applicant:

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

25  consular security official of a foreign government that

26  maintains diplomatic relations and treaties of commerce,

27  friendship, and navigation with the United States and is

28  certified as such by the foreign government and by the

29  appropriate embassy in this country;

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

31

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




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

  2  prevents the safe handling of a weapon or firearm;

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

  4  s. 790.23 by virtue of having been convicted of a felony or of

  5  a misdemeanor crime of domestic violence;

  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;

31

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  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;

23

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;

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         (i)  Has not been adjudicated an incapacitated person

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

  3  years have elapsed since the applicant's restoration to

  4  capacity by court order;

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

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

  7  the applicant produces a certificate from a licensed

  8  psychiatrist that he or she has not suffered from disability

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

10  application; and

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

12  imposition of sentence suspended on any felony or on any

13  misdemeanor crime of domestic violence unless 3 years have

14  elapsed since probation or any other conditions set by the

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

16  expunged.

17         (3)  The Department of State shall may deny a license

18  if the applicant has been found guilty of one or more crimes

19  of violence constituting a misdemeanor unless 3 years have

20  elapsed since probation or any other conditions set by the

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

22  expunged, and shall or may revoke a license if the licensee

23  has been found guilty of one or more crimes of violence within

24  the preceding 3 years.  The department shall, upon

25  notification by a law enforcement agency, a court, or the

26  Florida Department of Law Enforcement and subsequent written

27  verification, suspend a license or the processing of an

28  application for a license if the licensee or applicant is

29  arrested or formally charged with a crime which would

30  disqualify such person from having a license under this

31  section, until final disposition of the case.

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         (10)  A license issued under this section shall be

  2  suspended or revoked pursuant to chapter 120 if the licensee:

  3         (a)  Is found to be ineligible under the criteria set

  4  forth in subsection (2);

  5         (b)  Develops or sustains a physical infirmity which

  6  prevents the safe handling of a weapon or firearm;

  7         (c)  Is convicted of a felony or of a misdemeanor crime

  8  of domestic violence which would make the licensee ineligible

  9  to possess a firearm pursuant to s. 790.23;

10         (d)  Is found guilty of a crime under the provisions of

11  chapter 893, or similar laws of any other state, relating to

12  controlled substances;

13         (e)  Is committed as a substance abuser under chapter

14  397, or is deemed a habitual offender under s. 856.011(3), or

15  similar laws of any other state;

16         (f)  Is convicted of a second violation of s. 316.193,

17  or a similar law of another state, within 3 years of a

18  previous conviction of such section, or similar law of another

19  state, even though the first violation may have occurred prior

20  to the date on which the application was submitted;

21         (g)  Is adjudicated an incapacitated person under s.

22  744.331, or similar laws of any other state; or

23         (h)  Is committed to a mental institution under chapter

24  394, or similar laws of any other state.

25         (12)  No license issued pursuant to this section shall

26  authorize any person to carry a concealed weapon or firearm

27  into any place of nuisance as defined in s. 823.05; any

28  police, sheriff, or highway patrol station; any detention

29  facility, prison, or jail; any courthouse; any courtroom,

30  except that nothing in this section would preclude a judge

31  from carrying a concealed weapon or determining who will carry

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  a concealed weapon in his or her courtroom; any polling place;

  2  any meeting of the governing body of a county, public school

  3  district, municipality, or special district; any meeting of

  4  the Legislature or a committee thereof; any school, college,

  5  or professional athletic event not related to firearms; any

  6  school administration building; any portion of an

  7  establishment licensed to dispense alcoholic beverages for

  8  consumption on the premises, which portion of the

  9  establishment is primarily devoted to such purpose; any

10  elementary or secondary school facility; any area technical

11  center; any college or university facility unless the licensee

12  is a registered student, employee, or faculty member of such

13  college or university and the weapon is a stun gun or

14  nonlethal electric weapon or device designed solely for

15  defensive purposes and the weapon does not fire a dart or

16  projectile; inside the passenger terminal and sterile area of

17  any airport, provided that no person shall be prohibited from

18  carrying any legal firearm into the terminal, which firearm is

19  encased for shipment for purposes of checking such firearm as

20  baggage to be lawfully transported on any aircraft; any public

21  property controlled by local government, other than the

22  right-of-way of streets, roads, or highways, where the local

23  government prominently displays a sign which indicates that

24  the carrying of a concealed weapon or firearm on such property

25  is prohibited; or any place where the carrying of firearms is

26  prohibited by federal law.  Any person who willfully violates

27  any provision of this subsection commits a felony misdemeanor

28  of the third second degree, punishable as provided in s.

29  775.082, or s. 775.083, or s. 775.084.

30

31

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         Section 3.  Paragraphs (a) and (c) of subsection (2)

  2  and paragraphs (a), (c), and (d) of subsection (4) of section

  3  790.065, Florida Statutes, are amended to read:

  4         790.065  Sale and delivery of firearms.--

  5         (2)  Upon receipt of a request for a criminal history

  6  record check, the Department of Law Enforcement shall, during

  7  the licensee's call or by return call, forthwith:

  8         (a)  Review criminal history records to determine if

  9  the potential buyer or transferee has been convicted of a

10  felony or of a misdemeanor crime of domestic violence and is

11  prohibited from receipt or possession of a firearm pursuant to

12  s. 790.23 or has had adjudication of guilt withheld or

13  imposition of sentence suspended on any felony or on any

14  misdemeanor crime of domestic violence unless 3 years have

15  elapsed since probation or any other conditions set by the

16  court have been fulfilled or expunction has occurred.

17         (c)1.  Review any records available to it to determine

18  whether the potential buyer or transferee has been indicted or

19  has had an information filed against her or him for an offense

20  that is a felony or that is a misdemeanor crime of domestic

21  violence under either state or federal law, or, as mandated by

22  federal law, has had an injunction for protection against

23  domestic violence entered against the potential buyer or

24  transferee under s. 741.30, has had an injunction for

25  protection against repeat violence entered against the

26  potential buyer or transferee under s. 784.046, or has been

27  arrested for a dangerous crime as specified in s.

28  907.041(4)(a) or for any of the following enumerated offenses:

29         a.  Criminal anarchy under ss. 876.01 and 876.02.

30         b.  Extortion under s. 836.05.

31         c.  Explosives violations under s. 552.22(1) and (2).

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         d.  Controlled substances violations under chapter 893.

  2         e.  Resisting an officer with violence under s. 843.01.

  3         f.  Weapons and firearms violations under this chapter.

  4         g.  Treason under s. 876.32.

  5         h.  Assisting self-murder under s. 782.08.

  6         i.  Sabotage under s. 876.38.

  7         j.  Stalking or aggravated stalking under s. 784.048.

  8

  9  If the review indicates any such indictment, information, or

10  arrest, the department shall provide to the licensee a

11  conditional nonapproval number.

12         2.  Within 24 working hours, the department shall

13  determine the disposition of the indictment, information, or

14  arrest and inform the licensee as to whether the potential

15  buyer is prohibited from receiving or possessing a firearm.

16  For purposes of this paragraph, "working hours" means the

17  hours from 8 a.m. to 5 p.m. Monday through Friday, excluding

18  legal holidays.

19         3.  The office of the clerk of court, at no charge to

20  the department, shall respond to any department request for

21  data on the disposition of the indictment, information, or

22  arrest as soon as possible, but in no event later than 8

23  working hours.

24         4.  The department shall determine as quickly as

25  possible within the allotted time period whether the potential

26  buyer is prohibited from receiving or possessing a firearm.

27         5.  If the potential buyer is not so prohibited, the

28  department shall provide the licensee with a conditional

29  approval number. or

30         6.  If the department cannot determine the disposition

31  information within the allotted time period, or if the

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  department cannot determine compliance with s. 741.30(4), the

  2  time limitation prescribed by this section may be suspended

  3  until receipt of the final disposition or proof of restoration

  4  of civil and firearm rights the department shall provide the

  5  licensee with a conditional approval number.

  6         7.6.  If the buyer is so prohibited, the conditional

  7  nonapproval number shall become a nonapproval number.

  8         8.7.  The department shall continue its attempts to

  9  obtain the disposition information and may retain a record of

10  all approval numbers granted without sufficient disposition

11  information.  If the department later obtains disposition

12  information which indicates:

13         a.  That the potential buyer is not prohibited from

14  owning a firearm, it shall treat the record of the transaction

15  in accordance with this section; or

16         b.  That the potential buyer is prohibited from owning

17  a firearm, it shall provide the licensee with a nonapproval

18  number immediately revoke the conditional approval number and

19  notify local law enforcement.

20         9.8.  During the time that disposition of the

21  indictment, information, or arrest is pending and until the

22  department is notified by the potential buyer that there has

23  been a final disposition of the indictment, information, or

24  arrest, the conditional nonapproval number shall remain in

25  effect.

26         (4)(a)  Any records containing any of the information

27  set forth in subsection (1) pertaining to a buyer or

28  transferee who is not found to be prohibited from receipt or

29  transfer of a firearm by reason of Florida and federal law

30  which records are created by the Department of Law Enforcement

31  to conduct the criminal history record check shall be

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  confidential and exempt from the provisions of s. 119.07(1)

  2  and may not be disclosed by the Department of Law Enforcement

  3  or any officer or employee thereof to any person or to another

  4  agency. The Department of Law Enforcement shall destroy any

  5  such records forthwith after it communicates the approval and

  6  nonapproval numbers to the licensee and, in any event, such

  7  records shall be destroyed within 30 days 48 hours after the

  8  day of the response to the licensee's request.

  9         (c)  Nothing in this chapter shall be construed to

10  allow the State of Florida to maintain records containing the

11  names of purchasers or transferees who receive unique approval

12  numbers or to maintain records of firearm transactions beyond

13  the 30-day period provided in paragraph (a).

14         (d)  Any officer or employee, or former officer or

15  employee of the Department of Law Enforcement or law

16  enforcement agency who intentionally and maliciously violates

17  the provisions of this subsection commits a felony of the

18  third degree punishable as provided in s. 775.082 or s.

19  775.083.

20         Section 4.  Subsection (13) of section 790.065, Florida

21  Statutes, as created by chapter 89-191, Laws of Florida, is

22  repealed.

23         Section 5.  Subsection (14) of section 790.065, Florida

24  Statutes, as created by chapter 93-197, Laws of Florida, is

25  repealed.

26         Section 6.  Section 790.0655, Florida Statutes, is

27  amended to read:

28         790.0655  Purchase and delivery of handguns; mandatory

29  waiting period; exceptions; penalties.--

30         (1)(a)  There shall be a mandatory 3-day waiting

31  period, which shall be 3 days, excluding weekends and legal

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  holidays, between the purchase and the delivery at retail of

  2  any handgun, whether at retail or through private sale at a

  3  gun show, as defined in s. 790.0657. "Purchase" means the

  4  transfer of money or other valuable consideration to the

  5  retailer. "Handgun" means a firearm capable of being carried

  6  and used by one hand, such as a pistol or revolver. "Retailer"

  7  means and includes every person engaged in the business of

  8  making sales at retail or for distribution, or use, or

  9  consumption, or storage to be used or consumed in this state,

10  as defined in s. 212.02(13)(14).

11         (b)  Records of handgun sales must be available for

12  inspection by any law enforcement agency, as defined in s.

13  934.02, during normal business hours.

14         (2)  The 3-day waiting period shall not apply in the

15  following circumstances:

16         (a)  When a handgun is being purchased by a holder of a

17  concealed weapons permit as defined in s. 790.06.

18         (b)  To a trade-in of another handgun.

19         (3)  It is a felony of the third degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084:

21         (a)  For any retailer, or any employee or agent of a

22  retailer, or any person offering a handgun for sale at a gun

23  show, as defined in s. 790.0657, to deliver a handgun before

24  the expiration of the 3-day waiting period, subject to the

25  exceptions provided in subsection (2).

26         (b)  For a purchaser to obtain delivery of a handgun by

27  fraud, false pretense, or false representation.

28         Section 7.  Section 790.0657, Florida Statutes, is

29  created to read:

30         790.0657  Gun shows; definitions; regulation;

31  penalty.--

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         (1)  For the purpose of this section, the following

  2  terms have the following meanings:

  3         (a)  "Firearms dealer" means any person licensed as a

  4  firearms dealer pursuant to 18 U.S.C. ss. 921 et. seq.

  5         (b)  "Gun show" means any gathering or exhibition

  6  conducted by a firearms dealer for the purpose of exchanging,

  7  selling, or trading firearms, which gathering or exhibition is

  8  open to the public and is not conducted on the permanent

  9  premises of a firearms dealer.

10         (c)  "Gun show promoter" means a firearms dealer who

11  conducts Florida criminal history background checks prior to

12  the sale or transfer of any firearm at a gun show as required

13  under subsection (3).

14         (2)  The promoter of any gun show at which firearms are

15  being sold must be a firearms dealer. Any person promoting the

16  sale of firearms in the state through gun shows must register

17  with the Florida Department of Law Enforcement.

18         (3)  Every sale and transfer of a firearm at a gun show

19  must be conducted by the promoter of the gun show in

20  accordance with the background check provisions of s. 790.065.

21         (4)  A person who participates in the sale or transfer

22  of a firearm within 1,000 feet of a gun show and who is not

23  authorized by the promoter of the gun show to conduct sales at

24  the gun show commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083. This

26  subsection does not apply to sales conducted on private real

27  property by the owner of such property or by a person whose

28  presence on such property has been authorized, licensed, or

29  invited by the owner.

30         (5)  The Florida Department of Law Enforcement shall

31  provide firearm purchase program services at designated gun

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  shows throughout the year. Each gun show promoter shall

  2  provide full cooperation to the department and shall pay a fee

  3  to be set by the department to defray the cost of such

  4  services.

  5         Section 8.  There is hereby appropriated from the

  6  General Revenue Fund to the Florida Department of Law

  7  Enforcement the sum of $607,596 for the purpose of funding

  8  firearm purchase program services at gun shows as provided in

  9  s. 790.0657, Florida Statutes, as created by this act.

10         Section 9.  Subsection (1) of section 790.08, Florida

11  Statutes, is amended to read:

12         790.08  Taking possession of weapons and arms; reports;

13  disposition; custody.--

14         (1)  Every officer making an arrest under s. 790.07, or

15  under any other law or municipal ordinance within the state,

16  shall take possession of any weapons, electric weapons or

17  devices, or arms mentioned in s. 790.07 found upon the person

18  arrested and deliver them to the sheriff of the county, or the

19  chief of police of the municipality wherein the arrest is

20  made, who shall retain the same until after the trial of the

21  person arrested. The sheriff of the county or the chief of

22  police of the municipality may submit all handguns to the

23  Florida Department of Law Enforcement for entry into the

24  database of the DRUGFIRE program. For any handgun submitted,

25  the Florida Department of Law Enforcement shall forward the

26  serial number of such handgun to the Federal Bureau of

27  Alcohol, Tobacco and Firearms National Tracing Center to

28  identify the movement of handguns recovered, or otherwise used

29  in illicit activities. The Florida Department of Law

30  Enforcement is responsible for returning all submitted

31

                                  16

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  handguns to the proper local law enforcement authority for

  2  compliance with the remaining provisions of this section.

  3         Section 10.  Section 790.10, Florida Statutes, is

  4  amended to read:

  5         790.10  Improper exhibition of dangerous weapons or

  6  firearms.--If any person having or carrying any dirk, sword,

  7  sword cane, firearm, electric weapon or device, or other

  8  weapon shall, in the presence of one or more persons, exhibit

  9  the same in a rude, careless, angry, or threatening manner,

10  not in necessary self-defense, the person so offending shall

11  be guilty of a felony misdemeanor of the third first degree,

12  punishable as provided in s. 775.082, or s. 775.083, or s.

13  775.084.

14         Section 11.  Paragraphs (a), (c), (d), and (e) of

15  subsection (2) and subsection (3) of section 790.115, Florida

16  Statutes, are amended to read:

17         790.115  Possessing or discharging weapons or firearms

18  on school property prohibited; penalties; exceptions.--

19         (2)(a)  A person shall not possess any firearm,

20  electric weapon or device, destructive device, or other

21  weapon, including a razor blade, box cutter, or knife, except

22  as authorized in support of school-sanctioned activities, on

23  the property of any school, school bus, or school bus stop;

24  however, a person may carry a firearm:

25         1.  In a case to a firearms program, class or function

26  which has been approved in advance by the principal or chief

27  administrative officer of the school as a program or class to

28  which firearms could be carried;

29         2.  In a case to a vocational school having a firearms

30  training range; or

31

                                  17

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         3.  In a vehicle pursuant to s. 790.25(5) if the

  2  firearm is securely encased; except that school districts may

  3  adopt written and published policies that waive the exception

  4  in this subparagraph for purposes of student and campus

  5  parking privileges.

  6

  7  For the purposes of this section, "school" means any

  8  preschool, elementary school, middle school, junior high

  9  school, secondary school, vocational school, or postsecondary

10  school, whether public or nonpublic.

11         (c)1.  A person who willfully and knowingly possesses

12  any firearm in violation of this subsection commits a felony

13  of the third degree, punishable as provided in s. 775.082, s.

14  775.083, or s. 775.084.

15         2.  A person who stores or leaves a loaded firearm

16  within the reach or easy access of a minor who obtains the

17  firearm and commits a violation of subparagraph 1. commits a

18  misdemeanor of the second degree, punishable as provided in s.

19  775.082 or s. 775.083; except that this does not apply if the

20  firearm was stored or left in a securely locked box or

21  container or in a location which a reasonable person would

22  have believed to be secure, or was securely locked with a

23  firearm-mounted push-button combination lock or a trigger

24  lock; if the minor obtains the firearm as a result of an

25  unlawful entry by any person; or to members of the Armed

26  Forces, National Guard, or State Militia, or to police or

27  other law enforcement officers, with respect to firearm

28  possession by a minor which occurs during or incidental to the

29  performance of their official duties.

30         (d)  A person who discharges any weapon or firearm

31  while in violation of paragraph (a), unless discharged for

                                  18

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  lawful defense of himself or herself or another or for a

  2  lawful purpose, commits a felony of the second degree,

  3  punishable as provided in s. 775.082, s. 775.083, or s.

  4  775.084.

  5         (e)  The penalties of this subsection shall not apply

  6  to persons licensed under s. 790.06.  Persons licensed under

  7  s. 790.06 shall be punished as provided in s. 790.06(12),

  8  except that a licenseholder who unlawfully discharges a weapon

  9  or firearm on school property as prohibited by this subsection

10  commits a felony of the second degree, punishable as provided

11  in s. 775.082, s. 775.083, or s. 775.084.

12         (3)  This section does not apply to any law enforcement

13  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),

14  (8), (9), or (14).

15         Section 12.  Paragraph (a) of subsection (2) of section

16  790.17, Florida Statutes, is amended to read:

17         790.17  Furnishing weapons to minors under 18 years of

18  age or persons of unsound mind and furnishing firearms to

19  minors under 18 years of age prohibited.--

20         (2)(a)  A person may not knowingly or willfully sell,

21  rent, barter, lend, give, or transfer a firearm to a minor

22  under 18 years of age, except that a person may rent or

23  transfer ownership of a firearm to a minor with permission of

24  the parent or guardian. A person who violates this paragraph

25  commits a felony of the second third degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084.

27         Section 13.  Subsections (3), (5), and (9) of section

28  790.22, Florida Statutes, are amended to read:

29         790.22  Use of BB guns, air or gas-operated guns, or

30  electric weapons or devices by minor under 16; limitation;

31

                                  19

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  possession of firearms by minor under 18 prohibited;

  2  penalties.--

  3         (3)  A minor under 18 years of age may not possess a

  4  firearm, other than an unloaded firearm at his or her home,

  5  unless:

  6         (a)  The minor is engaged in a lawful hunting activity

  7  and is:

  8         1.  At least 16 years of age; or

  9         2.  Under 16 years of age and supervised by an adult.

10         (b)  The minor is engaged in a lawful marksmanship

11  competition or practice or other lawful recreational shooting

12  activity and is:

13         1.  At least 16 years of age; or

14         2.  Under 16 years of age and supervised by an adult

15  who is acting with the consent of the minor's parent or

16  guardian.

17         (c)  The firearm is unloaded and is being transported

18  by the minor directly to or from an event authorized in

19  paragraph (a) or paragraph (b).

20         (5)(a)  A minor who violates subsection (3) commits a

21  misdemeanor of the first degree, and, in addition to any other

22  penalty provided by law, shall be required to perform 100

23  hours of community service, and:

24         1.  If the minor is eligible by reason of age for a

25  driver license or driving privilege, the court shall direct

26  the Department of Highway Safety and Motor Vehicles to revoke

27  or to withhold issuance of the minor's driver license or

28  driving privilege for up to 1 year.

29         2.  If the minor's driver license or driving privilege

30  is under suspension or revocation for any reason, the court

31  shall direct the Department of Highway Safety and Motor

                                  20

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  Vehicles to extend the period of suspension or revocation by

  2  an additional period of up to 1 year.

  3         3.  If the minor is ineligible by reason of age for a

  4  driver license or driving privilege, the court shall direct

  5  the Department of Highway Safety and Motor Vehicles to

  6  withhold issuance of the minor's driver license or driving

  7  privilege for up to 1 year after the date on which the minor

  8  would otherwise have become eligible.

  9         (b)  For a second or subsequent offense, the court

10  shall commit the child to the Department of Juvenile Justice

11  for placement in a nonresidential program, and:

12         1.  The minor shall be required to perform not less

13  than 100 nor more than 250 hours of community service., and:

14         2.1.  If the minor is eligible by reason of age for a

15  driver license or driving privilege, the court shall direct

16  the Department of Highway Safety and Motor Vehicles to revoke

17  or to withhold issuance of the minor's driver license or

18  driving privilege for up to 2 years.

19         3.2.  If the minor's driver license or driving

20  privilege is under suspension or revocation for any reason,

21  the court shall direct the Department of Highway Safety and

22  Motor Vehicles to extend the period of suspension or

23  revocation by an additional period of up to 2 years.

24         4.3.  If the minor is ineligible by reason of age for a

25  driver license or driving privilege, the court shall direct

26  the Department of Highway Safety and Motor Vehicles to

27  withhold issuance of the minor's driver license or driving

28  privilege for up to 2 years after the date on which the minor

29  would otherwise have become eligible.

30         (9)  Notwithstanding s. 985.214 39.043, if the minor is

31  found to have committed an offense that involves the use or

                                  21

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  possession of a firearm, as defined in s. 790.001, other than

  2  a violation of subsection (3), or an offense during the

  3  commission of which the minor possessed a firearm, and the

  4  minor is not committed to a residential commitment program of

  5  the Department of Juvenile Justice Health and Rehabilitative

  6  Services, in addition to any other punishment provided by law,

  7  the court shall order:

  8         (a)  For a first offense, that the minor serve a

  9  mandatory period of detention of 5 days in a secure detention

10  facility and:

11         1.  Shall be committed to the Department of Juvenile

12  Justice for placement in a commitment program, or a community

13  control program.

14         2.  Shall perform 100 hours of community service.

15         (b)  For a second or subsequent offense, that the minor

16  serve a mandatory period of detention of 10 days in a secure

17  detention facility and:

18         1.  Shall be committed to the Department of Juvenile

19  Justice for placement in a commitment program, or a community

20  control program.

21         2.  Shall perform not less than 100 nor more than 250

22  hours of community service.

23

24  The minor shall receive credit for time served before

25  adjudication.

26         Section 14.  Section 790.23, Florida Statutes, is

27  amended to read:

28         790.23  Criminals Felons and delinquents; possession of

29  firearms or electric weapons or devices unlawful.--

30         (1)  It is unlawful for any person to own or to have in

31  his or her care, custody, possession, or control any firearm

                                  22

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  or electric weapon or device, or to carry a concealed weapon,

  2  including a tear gas gun or chemical weapon or device, if that

  3  person has been:

  4         (a)  Convicted of a felony or found to have committed a

  5  delinquent act that would be a felony if committed by an adult

  6  in the courts of this state;

  7         (b)  Convicted of or found to have committed a crime

  8  against the United States which is designated as a felony, or

  9  is otherwise prohibited from possessing a firearm;

10         (c)  Found to have committed a delinquent act in

11  another state, territory, or country that would be a felony if

12  committed by an adult and which was punishable by imprisonment

13  for a term exceeding 1 year; or

14         (d)  Found guilty of an offense that is a felony in

15  another state, territory, or country and which was punishable

16  by imprisonment for a term exceeding 1 year; or.

17         (e)  Convicted of a misdemeanor crime of domestic

18  violence.

19         (2)  This section shall not apply to a person convicted

20  of a felony whose civil rights and firearm authority have been

21  restored, or to a person found to have committed a delinquent

22  act that would be a felony if committed by an adult with

23  respect to which the jurisdiction of the court pursuant to

24  chapter 39 has expired.

25         (3)  Any person who violates this section commits a

26  felony of the second degree, punishable as provided in s.

27  775.082, s. 775.083, or s. 775.084.

28         Section 15.  Subsections (2) and (3) of section 790.25,

29  Florida Statutes, are amended to read:

30         790.25  Lawful ownership, possession, and use of

31  firearms and other weapons.--

                                  23

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         (2)  USES NOT AUTHORIZED.--

  2         (a)  This section does not authorize carrying a

  3  concealed weapon without a permit, as prohibited by ss. 790.01

  4  and 790.02.

  5         (b)  The protections of this section do not apply to

  6  the following:

  7         1.  A person who has been adjudged mentally

  8  incompetent, who has been adjudicated as an incapacitated

  9  person under s. 744.331, or similar laws of any other state,

10  unless 5 years have elapsed since the person's restoration to

11  capacity by court order, who has been committed to a mental

12  institution under chapter 394, or similar laws of any other

13  state, unless the applicant produces a certificate from a

14  licensed psychiatrist that he or she has not suffered from

15  disability for at least 5 years prior to the date of purchase,

16  who is addicted to the use of narcotics or any similar drug,

17  or who is a habitual or chronic alcoholic, or a person using

18  weapons or firearms in violation of ss. 790.07-790.12,

19  790.14-790.19, 790.22-790.24;

20         2.  Vagrants and other undesirable persons as defined

21  in s. 856.02;

22         3.  A person in or about a place of nuisance as defined

23  in s. 823.05, unless such person is there for law enforcement

24  or some other lawful purpose.

25         (3)  LAWFUL USES.--The provisions of ss. 790.053 and

26  790.06 do not apply in the following instances, and, despite

27  such sections, it is lawful for the following persons to own,

28  possess, and lawfully use firearms and other weapons,

29  ammunition, and supplies for lawful purposes:

30         (a)  Members of the Militia, National Guard, Florida

31  State Defense Force, Army, Navy, Air Force, Marine Corps,

                                  24

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  Coast Guard, organized reserves, and other armed forces of the

  2  state and of the United States, when on duty, when training or

  3  preparing themselves for military duty, or while subject to

  4  recall or mobilization;

  5         (b)  Citizens of this state subject to duty in the

  6  Armed Forces under s. 2, Art. X of the State Constitution,

  7  under chapters 250 and 251, and under federal laws, when on

  8  duty or when training or preparing themselves for military

  9  duty;

10         (c)  Persons carrying out or training for emergency

11  management duties under chapter 252;

12         (d)  Sheriffs, marshals, prison or jail wardens, police

13  officers, correctional officers, Florida highway patrol

14  officers, game wardens, revenue officers, forest officials,

15  special officers appointed under the provisions of chapter

16  354, and other peace and law enforcement officers and their

17  deputies and assistants and full-time paid peace officers of

18  other states and of the Federal Government who are carrying

19  out official duties while in this state;

20         (e)  Officers or employees of the state or United

21  States duly authorized to carry a concealed weapon;

22         (f)  Guards or messengers of common carriers, express

23  companies, armored car carriers, mail carriers, banks, and

24  other financial institutions, while actually employed in and

25  about the shipment, transportation, or delivery of any money,

26  treasure, bullion, bonds, or other thing of value within this

27  state;

28         (g)  Regularly enrolled members of any organization

29  duly authorized to purchase or receive weapons from the United

30  States or from this state, or regularly enrolled members of

31  clubs organized for target, skeet, or trap shooting, while at

                                  25

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1  or going to or from shooting practice; or regularly enrolled

  2  members of clubs organized for modern or antique firearms

  3  collecting, while such members are at or going to or from

  4  their collectors' gun shows, conventions, or exhibits;

  5         (h)  A person engaged in fishing, camping, or lawful

  6  hunting or going to or returning from a fishing, camping, or

  7  lawful hunting expedition;

  8         (i)  A person engaged in the business of manufacturing,

  9  repairing, or dealing in firearms, or the agent or

10  representative of any such person while engaged in the lawful

11  course of such business;

12         (j)  A person firing weapons for testing or target

13  practice under safe conditions and in a safe place not

14  prohibited by law or going to or from such place;

15         (k)  A person firing weapons in a safe and secure

16  indoor range for testing and target practice;

17         (l)  A person traveling by private conveyance when the

18  weapon is securely encased or in a public conveyance when the

19  weapon is securely encased and not in the person's manual

20  possession;

21         (m)  A person while carrying a pistol unloaded and in a

22  secure wrapper, concealed or otherwise, from the place of

23  purchase to his or her home or place of business or to a place

24  of repair or back to his or her home or place of business;

25         (n)  A person possessing arms at his or her home or

26  place of business;

27         (o)  Investigators employed by the several public

28  defenders of the state, while actually carrying out official

29  duties, provided such investigators:

30         1.  Are employed full time;

31

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         2.  Meet the official training standards for firearms

  2  established by the Criminal Justice Standards and Training

  3  Commission as provided in s. 943.12(5) and the requirements of

  4  ss. 493.6108(1)(a) and 943.13(1)-(4); and

  5         3.  Are individually designated by an affidavit of

  6  consent signed by the employing public defender and filed with

  7  the clerk of the circuit court in the county in which the

  8  employing public defender resides.

  9         (p)  Investigators employed by the capital collateral

10  representative, while actually carrying out official duties,

11  provided such investigators:

12         1.  Are employed full time;

13         2.  Meet the official training standards for firearms

14  as established by the Criminal Justice Standards and Training

15  Commission as provided in s. 943.12(1) and the requirements of

16  ss. 493.6108(1)(a) and 943.13(1)-(4); and

17         3.  Are individually designated by an affidavit of

18  consent signed by the capital collateral representative and

19  filed with the clerk of the circuit court in the county in

20  which the investigator is headquartered.

21         Section 16.  Section 790.256, Florida Statutes, is

22  amended to read:

23         790.256  Public service announcements.--The Department

24  of Children and Family Services Health and Rehabilitative

25  Services shall prepare public service announcements for

26  dissemination to parents throughout the state, of the

27  provisions of chapter 93-416, Laws of Florida.

28         Section 17.  Subsections (2) and (3) of section 790.27,

29  Florida Statutes, are amended to read:

30

31

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         790.27  Alteration or removal of firearm serial number

  2  or possession, sale, or delivery of firearm with serial number

  3  altered or removed prohibited; penalties.--

  4         (2)(a)  It is unlawful for any person to knowingly

  5  sell, deliver, or possess any firearm on which the

  6  manufacturer's or importer's serial number has been unlawfully

  7  altered or removed.

  8         (b)  Any person violating paragraph (a) is guilty of a

  9  felony misdemeanor of the third first degree, punishable as

10  provided in s. 775.082, or s. 775.083, or s. 775.084.

11         (3)  This section shall not apply to antique firearms.

12         Section 18.  Subsections (1) and (2) of section 790.33,

13  Florida Statutes, are amended to read:

14         790.33  Field of regulation of firearms and ammunition

15  preempted.--

16         (1)  PREEMPTION.--Except as expressly provided by

17  general law, the Legislature hereby declares that it is

18  occupying the whole field of regulation of firearms and

19  ammunition, including the purchase, sale, transfer, taxation,

20  manufacture, ownership, possession, and transportation

21  thereof, to the exclusion of all existing and future county,

22  city, town, or municipal ordinances or regulations relating

23  thereto.  Any such existing ordinances are hereby declared

24  null and void.  This subsection shall not affect zoning

25  ordinances which encompass firearms businesses along with

26  other businesses.  Zoning ordinances which are designed for

27  the purpose of restricting or prohibiting the sale, purchase,

28  transfer, or manufacture of firearms or ammunition as a method

29  of regulating firearms or ammunition are in conflict with this

30  subsection and are prohibited.

31

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         (2)  LIMITED EXCEPTION; COUNTY WAITING-PERIOD

  2  ORDINANCES; COUNTY HANDGUN REGISTRATION AND TITLE TRANSFER

  3  ORDINANCES.--

  4         (a)  Any county may have the option to adopt a

  5  waiting-period ordinance requiring a waiting period of up to,

  6  but not to exceed, 3 working days between the purchase and

  7  delivery of a handgun.  For purposes of this subsection,

  8  "purchase" means payment of deposit, payment in full, or

  9  notification of intent to purchase.  Adoption of a

10  waiting-period ordinance, by any county, shall require a

11  majority vote of the county commission on votes on

12  waiting-period ordinances.  This exception is limited solely

13  to individual counties and is limited to the provisions and

14  restrictions contained in this subsection.

15         (b)  Any county may have the option to adopt an

16  ordinance requiring handgun registration and reporting of

17  title transfers. Adoption of an ordinance requiring handgun

18  registration and reporting of title transfers, by any county,

19  shall require a majority vote of the county commission on

20  votes on such ordinances. This exception is limited solely to

21  the individual counties and is limited to the provisions and

22  restrictions contained in this subsection.

23         (c)(b)  Ordinances authorized by this subsection shall

24  apply to all sales of handguns to individuals by a retail

25  establishment except those sales to individuals exempted in

26  this subsection.  For purposes of this subsection, "retail

27  establishment" means a gun shop, sporting goods store, pawn

28  shop, hardware store, department store, discount store, bait

29  or tackle shop, or any other store or shop that offers

30  handguns for walk-in retail sale and includes but does not

31  include gun collectors shows or exhibits, or gun shows.

                                  29

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1         (d)(c)  Ordinances authorized by this subsection may

  2  shall not require any reporting or notification to any source

  3  outside the retail establishment, but records of handgun sales

  4  must be available for inspection, during normal business

  5  hours, by any law enforcement agency as defined in s. 934.02.

  6         (e)(d)  The following shall be exempt from any waiting

  7  period:

  8         1.  Individuals who are licensed to carry concealed

  9  firearms under the provisions of s. 790.06 or who are licensed

10  to carry concealed firearms under any other provision of state

11  law and who show a valid license;

12         2.  Individuals who already lawfully own another

13  firearm and who show a sales receipt for another firearm; who

14  are known to own another firearm through a prior purchase from

15  the retail establishment; or who have another firearm for

16  trade-in;

17         3.  A law enforcement or correctional officer as

18  defined in s. 943.10;

19         4.  A law enforcement agency as defined in s. 934.02;

20         5.  Sales or transactions between dealers or between

21  distributors or between dealers and distributors who have

22  current federal firearms licenses; or

23         6.  Any individual who has been threatened or whose

24  family has been threatened with death or bodily injury,

25  provided the individual may lawfully possess a firearm and

26  provided such threat has been duly reported to local law

27  enforcement.

28         Section 19.  This act shall take effect October 1 of

29  the year in which enacted.

30

31

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    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises various provisions of ch. 790, F.S., relating to
  4    weapons and firearms. With respect to licensure to carry
      a concealed weapon or concealed firearm, provides that
  5    conviction of a misdemeanor crime of domestic violence
      constitutes a condition of ineligibility for possession
  6    of a license to carry a concealed weapon or firearm.
      Requires the denial or revocation of such license under
  7    specified circumstances.  Provides an additional
      condition under which such license shall be suspended or
  8    revoked pursuant to ch. 120, F.S.  Expands provisions
      relating to areas upon which concealed weapons or
  9    firearms shall not be carried and increases the penalty
      for violation from a second degree misdemeanor to a third
10    degree felony.

11
      With respect to current provisions governing the sale and
12    delivery of firearms, nullifies the repeal of such
      provisions, currently scheduled for October 1, 1999, and
13    on the effective date of federal law which provides
      access to national criminal history information and
14    requires national criminal history checks on potential
      buyers or transferees on firearms. Provides that
15    conviction of a misdemeanor crime of domestic violence
      constitutes a condition for nonapproval of a licensee.
16    Provides for suspension of time limitation for review of
      criminal history records under specified conditions.
17    Revises procedure to provide for issuance of a
      nonapproval number to potential buyers prohibited from
18    owning a firearm.  Increases a time limit within which
      specified records shall be destroyed from 48 hours to 30
19    days.

20
      Revises provisions relating to the mandatory 3-day
21    waiting period between the purchase and delivery of
      handguns to include handguns purchased through private
22    sale at a gun show.

23
      Creates s. 790.0657, F.S., for the purpose of regulating
24    the sale of firearms at gun shows.  Requires that persons
      promoting sales of firearms in the state register with
25    the Florida Department of Law Enforcement and requires
      that promoters of gun shows at which firearms are being
26    sold must be firearm dealers.  Requires all sales and
      transfers of firearms at a gun show to be subject to
27    background check provisions of s. 790.065, F.S.  Provides
      a first degree misdemeanor penalty for the sale or
28    transfer of a firearm within 1,000 feet of a gun show by
      anyone not authorized by the promoter of the gun show to
29    conduct such sale or transfer.  Provides an appropriation
      to fund firearm purchase program services at gun shows.
30    Requires gun show promoters to pay a fee set by the
      Florida Department of Law Enforcement to defray the cost
31    of firearm purchase program services.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 662
    36-681-98                                          See HB 3315




  1    Authorizes county sheriffs and municipal chiefs of police
      to submit all seized handguns to the Florida Department
  2    of Law Enforcement. Requires the department to forward
      serial numbers of seized handguns to the Federal Bureau
  3    of Alcohol, Tobacco and Firearms National Tracing Center
      for specified tracing and identification purposes.
  4

  5    Increases, from a first-degree misdemeanor to a
      third-degree felony, the penalty for improper exhibition
  6    of dangerous weapons or firearms.

  7
      Provides that a person may not knowingly or willfully
  8    rent, barter, lend, or give a firearm to a minor under 18
      years of age and provides a second-degree felony penalty
  9    for violation.  Increases the penalty for sale or
      transfer of a firearm to a minor under 18 years of age
10    from a third-degree felony to a second-degree felony.

11
      Revises penalties for offenses involving the possession
12    of a firearm by a minor under 18 years of age.

13
      Provides a second-degree felony penalty for ownership or
14    possession of specified firearms or weapons by persons
      who have been convicted of a misdemeanor crime of
15    domestic violence.

16
      Provides additional exclusions from the protections of
17    provisions governing lawful ownership, possession, and
      use of firearms and other weapons. Includes correctional
18    officers among persons who may lawfully own, possess, and
      use firearms and other weapons.
19

20    Increases, from a first-degree misdemeanor to a
      third-degree felony, the penalty for selling, delivering,
21    or possessing any firearm on which the manufacturer's or
      importer's serial number has been unlawfully altered or
22    removed.

23
      Authorizes the option of any county to require handgun
24    registration and reporting of handgun title transfers.

25

26

27

28

29

30

31

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