Florida Senate - 2016                              CS for SB 300
       By the Committee on Criminal Justice; and Senator Gaetz
       591-00895-16                                           2016300c1
    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 as long as such person is in compliance with
   13         specified provisions; providing that a person or
   14         entity who infringes on specified rights of an
   15         individual may be subject to liability under specified
   16         provisions; providing an exception; providing that
   17         certain persons and entities have no immunity;
   18         amending s. 790.25, F.S.; revising legislative
   19         findings concerning the possession and carrying of
   20         weapons and firearms; revising provisions concerning
   21         the construction of provisions; providing an effective
   22         date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 776.00111, Florida Statutes, is created
   27  to read:
   28         776.00111 Construction.—The judiciary shall employ strict
   29  scrutiny in reviewing any statute that implicates the right to
   30  bear arms or defend one’s self pursuant to this chapter. The
   31  right to bear arms is a fundamental and individual right that
   32  exists in any place that a person has the right to be, subject
   33  only to exceptionally and narrowly tailored restrictions that
   34  employ the least possible restriction on the right in order to
   35  achieve a compelling government interest.
   36         Section 2. Section 790.02, Florida Statutes, is amended to
   37  read:
   38         790.02 Officer to arrest without warrant and upon probable
   39  cause.—The unlicensed carrying of a concealed weapon is declared
   40  a breach of peace, and any officer authorized to make arrests
   41  under the laws of this state may make arrests without warrant of
   42  persons violating the provisions of s. 790.01 when said officer
   43  has reasonable grounds or probable cause to believe that the
   44  offense of unlicensed carrying of a concealed weapon is being
   45  committed.
   46         Section 3. Section 790.053, Florida Statutes, is amended to
   47  read:
   48         790.053 Open carrying of weapons.—
   49         (1) Subject to ss. 790.06 and 790.10, a person licensed to
   50  carry a concealed firearm or weapon pursuant to this chapter may
   51  openly carry such firearm or weapon; however, except as
   52  otherwise provided by law and in subsection (2), it is unlawful
   53  for any other person to openly carry on or about his or her
   54  person a any firearm or electric weapon or device. It is not a
   55  violation of this section for a person licensed to carry a
   56  concealed firearm as provided in s. 790.06(1), and who is
   57  lawfully carrying a firearm in a concealed manner, to briefly
   58  and openly display the firearm to the ordinary sight of another
   59  person, unless the firearm is intentionally displayed in an
   60  angry or threatening manner, not in necessary self-defense.
   61         (2) A person may openly carry, for purposes of lawful self
   62  defense:
   63         (a) A self-defense chemical spray.
   64         (b) A nonlethal stun gun or dart-firing stun gun or other
   65  nonlethal electric weapon or device that is designed solely for
   66  defensive purposes.
   67         (3) Any person violating this section commits a misdemeanor
   68  of the second degree, punishable as provided in s. 775.082 or s.
   69  775.083.
   70         (4) Unless probable cause exists to believe that a crime
   71  has been committed by an individual, any person or entity
   72  infringing upon the rights conferred on that individual by this
   73  chapter, chapter 776, s. 8, Art. I of the State Constitution, or
   74  the Second Amendment to the United States Constitution is liable
   75  pursuant to s. 790.33(3)(c), (d), (e), and (f). Notwithstanding
   76  any other law, no immunity shall apply to persons infringing on
   77  such rights in violation of this subsection.
   78         Section 4. Subsections (1) and (4) of section 790.25,
   79  Florida Statutes, are amended to read:
   80         790.25 Lawful ownership, possession, and use of firearms
   81  and other weapons.—
   82         (1) DECLARATION OF POLICY.—The Legislature finds as a
   83  matter of public policy and fact that the possession and
   84  carrying of weapons and firearms by law-abiding individuals for
   85  lawful purposes, including self-defense, enhances public safety
   86  and that it is necessary to promote firearms safety and to curb
   87  and prevent the use of firearms and other weapons in crime and
   88  by incompetent persons without prohibiting the lawful use in
   89  defense of life, home, and property, and the use by United
   90  States or state military organizations, and as otherwise now
   91  authorized by law, including the right to use and own firearms
   92  for target practice and marksmanship on target practice ranges
   93  or other lawful places, and lawful hunting and other lawful
   94  purposes.
   95         (4) CONSTRUCTION.—The judiciary shall construe this act in
   96  conjunction with the right to bear arms or defend one’s self as
   97  provided in chapter 776. The right to bear arms and defend one’s
   98  self is a fundamental and individual right that exists in any
   99  place that a person has the right to be, subject only to
  100  exceptionally and narrowly tailored restrictions that employ the
  101  least possible restriction on the right in order to achieve a
  102  compelling government interest. This act shall be liberally
  103  construed to carry out the declaration of policy herein and in
  104  favor of the constitutional right to keep and bear arms for
  105  lawful purposes. This act is supplemental and additional to
  106  existing rights to bear arms now guaranteed by law and decisions
  107  of the courts of Florida, and nothing herein shall impair or
  108  diminish any of such rights. This act shall supersede any law,
  109  ordinance, or regulation in conflict herewith.
  110         Section 5. This act shall take effect upon becoming a law.