Florida Senate - 2016                                     SB 300
       By Senator Gaetz
       1-00237A-16                                            2016300__
    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; providing that a person or entity who
   13         infringes on specified rights of an individual may be
   14         subject to liability under specified provisions;
   15         providing an exception; providing that certain persons
   16         and entities have no immunity; amending s. 790.25,
   17         F.S.; revising legislative findings concerning the
   18         possession and carrying of weapons and firearms;
   19         revising provisions concerning the construction of
   20         provisions; providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 776.00111, Florida Statutes, is created
   25  to read:
   26         776.00111 Construction.—The judiciary shall employ strict
   27  scrutiny in reviewing any statute that implicates the right to
   28  bear arms or defend one’s self pursuant to this chapter. The
   29  right to bear arms is a fundamental and individual right that
   30  exists in any place that a person has the right to be, subject
   31  only to exceptionally and narrowly tailored restrictions that
   32  employ the least possible restriction on the right in order to
   33  achieve a compelling government interest.
   34         Section 2. Section 790.02, Florida Statutes, is amended to
   35  read:
   36         790.02 Officer to arrest without warrant and upon probable
   37  cause.—The unlicensed carrying of a concealed weapon is declared
   38  a breach of peace, and any officer authorized to make arrests
   39  under the laws of this state may make arrests without warrant of
   40  persons violating the provisions of s. 790.01 when said officer
   41  has reasonable grounds or probable cause to believe that the
   42  offense of unlicensed carrying of a concealed weapon is being
   43  committed.
   44         Section 3. Section 790.053, Florida Statutes, is amended to
   45  read:
   46         790.053 Open carrying of weapons.—
   47         (1) A person licensed to carry a concealed firearm or
   48  weapon pursuant to this chapter may openly carry such firearm or
   49  weapon; however, except as otherwise provided by law and in
   50  subsection (2), it is unlawful for any other person to openly
   51  carry on or about his or her person a any firearm or electric
   52  weapon or device. It is not a violation of this section for a
   53  person licensed to carry a concealed firearm as provided in s.
   54  790.06(1), and who is lawfully carrying a firearm in a concealed
   55  manner, to briefly and openly display the firearm to the
   56  ordinary sight of another person, unless the firearm is
   57  intentionally displayed in an angry or threatening manner, not
   58  in necessary self-defense.
   59         (2) A person may openly carry, for purposes of lawful self
   60  defense:
   61         (a) A self-defense chemical spray.
   62         (b) A nonlethal stun gun or dart-firing stun gun or other
   63  nonlethal electric weapon or device that is designed solely for
   64  defensive purposes.
   65         (3) Any person violating this section commits a misdemeanor
   66  of the second degree, punishable as provided in s. 775.082 or s.
   67  775.083.
   68         (4) Unless probable cause exists to believe that a crime
   69  has been committed by an individual, any person or entity
   70  infringing upon the rights conferred on that individual by this
   71  chapter, chapter 776, s. 8, Art. I of the State Constitution, or
   72  the Second Amendment to the United States Constitution is liable
   73  pursuant to s. 790.33(3)(c), (d), (e), and (f). Notwithstanding
   74  any other law, no immunity shall apply to persons infringing on
   75  such rights in violation of this subsection.
   76         Section 4. Subsections (1) and (4) of section 790.25,
   77  Florida Statutes, are amended to read:
   78         790.25 Lawful ownership, possession, and use of firearms
   79  and other weapons.—
   80         (1) DECLARATION OF POLICY.—The Legislature finds as a
   81  matter of public policy and fact that the possession and
   82  carrying of weapons and firearms by law-abiding individuals for
   83  lawful purposes, including self-defense, enhances public safety
   84  and that it is necessary to promote firearms safety and to curb
   85  and prevent the use of firearms and other weapons in crime and
   86  by incompetent persons without prohibiting the lawful use in
   87  defense of life, home, and property, and the use by United
   88  States or state military organizations, and as otherwise now
   89  authorized by law, including the right to use and own firearms
   90  for target practice and marksmanship on target practice ranges
   91  or other lawful places, and lawful hunting and other lawful
   92  purposes.
   93         (4) CONSTRUCTION.—The judiciary shall construe this act in
   94  conjunction with the right to bear arms or defend one’s self as
   95  provided in chapter 776. The right to bear arms and defend one’s
   96  self is a fundamental and individual right that exists in any
   97  place that a person has the right to be, subject only to
   98  exceptionally and narrowly tailored restrictions that employ the
   99  least possible restriction on the right in order to achieve a
  100  compelling government interest. This act shall be liberally
  101  construed to carry out the declaration of policy herein and in
  102  favor of the constitutional right to keep and bear arms for
  103  lawful purposes. This act is supplemental and additional to
  104  existing rights to bear arms now guaranteed by law and decisions
  105  of the courts of Florida, and nothing herein shall impair or
  106  diminish any of such rights. This act shall supersede any law,
  107  ordinance, or regulation in conflict herewith.
  108         Section 5. This act shall take effect upon becoming a law.