Florida Senate - 2017                                     SB 956
       By Senator Campbell
       38-01646-17                                            2017956__
    1                        A bill to be entitled                      
    2         An act relating to concealed weapons or concealed
    3         firearms; amending s. 790.06, F.S.; requiring the
    4         Department of Agriculture and Consumer Services to
    5         issue a license if, in addition to other specified
    6         criteria, the applicant has undergone a mental health
    7         evaluation conducted by certain licensed professionals
    8         and has been determined to be competent; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (2) of section 790.06, Florida
   14  Statutes, is amended to read:
   15         790.06 License to carry concealed weapon or firearm.—
   16         (2) The Department of Agriculture and Consumer Services
   17  shall issue a license if the applicant:
   18         (a) Is a resident of the United States and a citizen of the
   19  United States or a permanent resident alien of the United
   20  States, as determined by the United States Bureau of Citizenship
   21  and Immigration Services, or is a consular security official of
   22  a foreign government that maintains diplomatic relations and
   23  treaties of commerce, friendship, and navigation with the United
   24  States and is certified as such by the foreign government and by
   25  the appropriate embassy in this country;
   26         (b) Is 21 years of age or older;
   27         (c) Does not suffer from a physical infirmity which
   28  prevents the safe handling of a weapon or firearm;
   29         (d) Is not ineligible to possess a firearm pursuant to s.
   30  790.23 by virtue of having been convicted of a felony;
   31         (e) Has not been committed for the abuse of a controlled
   32  substance or been found guilty of a crime under the provisions
   33  of chapter 893 or similar laws of any other state relating to
   34  controlled substances within a 3-year period immediately
   35  preceding the date on which the application is submitted;
   36         (f) Does not chronically and habitually use alcoholic
   37  beverages or other substances to the extent that his or her
   38  normal faculties are impaired. It shall be presumed that an
   39  applicant chronically and habitually uses alcoholic beverages or
   40  other substances to the extent that his or her normal faculties
   41  are impaired if the applicant has been committed under chapter
   42  397 or under the provisions of former chapter 396 or has been
   43  convicted under s. 790.151 or has been deemed a habitual
   44  offender under s. 856.011(3), or has had two or more convictions
   45  under s. 316.193 or similar laws of any other state, within the
   46  3-year period immediately preceding the date on which the
   47  application is submitted;
   48         (g) Desires a legal means to carry a concealed weapon or
   49  firearm for lawful self-defense;
   50         (h) Demonstrates competence with a firearm by any one of
   51  the following:
   52         1. Completion of any hunter education or hunter safety
   53  course approved by the Fish and Wildlife Conservation Commission
   54  or a similar agency of another state;
   55         2. Completion of any National Rifle Association firearms
   56  safety or training course;
   57         3. Completion of any firearms safety or training course or
   58  class available to the general public offered by a law
   59  enforcement agency, junior college, college, or private or
   60  public institution or organization or firearms training school,
   61  using instructors certified by the National Rifle Association,
   62  Criminal Justice Standards and Training Commission, or the
   63  Department of Agriculture and Consumer Services;
   64         4. Completion of any law enforcement firearms safety or
   65  training course or class offered for security guards,
   66  investigators, special deputies, or any division or subdivision
   67  of a law enforcement agency or security enforcement;
   68         5. Presents evidence of equivalent experience with a
   69  firearm through participation in organized shooting competition
   70  or military service;
   71         6. Is licensed or has been licensed to carry a firearm in
   72  this state or a county or municipality of this state, unless
   73  such license has been revoked for cause; or
   74         7. Completion of any firearms training or safety course or
   75  class conducted by a state-certified or National Rifle
   76  Association certified firearms instructor;
   78  A photocopy of a certificate of completion of any of the courses
   79  or classes; an affidavit from the instructor, school, club,
   80  organization, or group that conducted or taught such course or
   81  class attesting to the completion of the course or class by the
   82  applicant; or a copy of any document that shows completion of
   83  the course or class or evidences participation in firearms
   84  competition shall constitute evidence of qualification under
   85  this paragraph. A person who conducts a course pursuant to
   86  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
   87  an instructor, attests to the completion of such courses, must
   88  maintain records certifying that he or she observed the student
   89  safely handle and discharge the firearm in his or her physical
   90  presence and that the discharge of the firearm included live
   91  fire using a firearm and ammunition as defined in s. 790.001;
   92         (i) Has not been adjudicated an incapacitated person under
   93  s. 744.331, or similar laws of any other state, unless 5 years
   94  have elapsed since the applicant’s restoration to capacity by
   95  court order;
   96         (j) Has not been committed to a mental institution under
   97  chapter 394, or similar laws of any other state, unless the
   98  applicant produces a certificate from a licensed psychiatrist
   99  that he or she has not suffered from disability for at least 5
  100  years before the date of submission of the application;
  101         (k) Has not had adjudication of guilt withheld or
  102  imposition of sentence suspended on any felony unless 3 years
  103  have elapsed since probation or any other conditions set by the
  104  court have been fulfilled, or expunction has occurred;
  105         (l) Has not had adjudication of guilt withheld or
  106  imposition of sentence suspended on any misdemeanor crime of
  107  domestic violence unless 3 years have elapsed since probation or
  108  any other conditions set by the court have been fulfilled, or
  109  the record has been expunged;
  110         (m) Has not been issued an injunction that is currently in
  111  force and effect and that restrains the applicant from
  112  committing acts of domestic violence or acts of repeat violence;
  113  and
  114         (n) Has undergone a mental health evaluation conducted by a
  115  clinical psychologist or a psychiatrist, as those terms are
  116  defined in s. 394.455, and has been determined to be competent
  117  and of sound mind; and
  118         (o)(n) Is not prohibited from purchasing or possessing a
  119  firearm by any other provision of Florida or federal law.
  120         Section 2. This act shall take effect July 1, 2017.