Florida Senate - 2015 SB 290
By Senator Brandes
1 A bill to be entitled
2 An act relating to carrying a concealed weapon or a
3 concealed firearm; amending s. 790.01, F.S.; providing
4 an exemption from criminal penalties for carrying a
5 concealed weapon or a concealed firearm when
6 evacuating pursuant to a mandatory evacuation order
7 during a declared state of emergency; providing an
8 effective date.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Section 790.01, Florida Statutes, is amended to
14 790.01 Unlicensed carrying of concealed weapons or
15 concealed firearms.—
16 (1) Except as provided in subsection (3)
(4), a person who
17 is not licensed under s. 790.06 and who carries a concealed
18 weapon or electric weapon or device on or about his or her
19 person commits a misdemeanor of the first degree, punishable as
20 provided in s. 775.082 or s. 775.083.
21 (2) Except as provided in subsection (3), a person who is
22 not licensed under s. 790.06 and who carries a concealed firearm
23 on or about his or her person commits a felony of the third
24 degree, punishable as provided in s. 775.082, s. 775.083, or s.
26 (3) This section does not apply to: a person licensed to
27 carry a concealed weapon or a concealed firearm pursuant to the
28 provisions of s. 790.06.
29 (a) A person who carries a concealed weapon, or a person
30 who may lawfully possess a firearm and who carries a concealed
31 firearm, on or about his or her person while in the act of
32 evacuating during a mandatory evacuation order issued during a
33 state of emergency declared by the Governor pursuant to chapter
34 252 or declared by a local authority pursuant to chapter 870.
35 (b) (4) It is not a violation of this section for A person
36 who carries to carry for purposes of lawful self-defense, in a
37 concealed manner:
38 1. (a) A self-defense chemical spray.
39 2. (b) A nonlethal stun gun or dart-firing stun gun or other
40 nonlethal electric weapon or device that is designed solely for
41 defensive purposes.
42 (4) (5) This section does not preclude any prosecution for
43 the use of an electric weapon or device, a dart-firing stun gun,
44 or a self-defense chemical spray during the commission of any
45 criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
46 790.235, or for any other criminal offense.
47 Section 2. This act shall take effect July 1, 2015.