Bill Text: FL S0136 | 2010 | Regular Session | Introduced

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Bill Title: Concealed Weapon or Firearm/License to Carry [CPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Commerce [S0136 Detail]

Download: Florida-2010-S0136-Introduced.html

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Florida Senate - 2010                                     SB 136 
 
By Senator Bullard 
39-00179-10                                            2010136__ 
1                        A bill to be entitled 
2         An act relating to licensure to carry a concealed 
3         weapon or firearm; amending s. 790.06, F.S.; revising 
4         conditions precedent to the issuance of a license to 
5         carry a concealed weapon or firearm; revising 
6         conditions under which a license to carry a concealed 
7         weapon or firearm is suspended or revoked and the 
8         conditions under which an application for such license 
9         is denied or the processing thereof suspended; 
10         providing an effective date. 
11 
12  Be It Enacted by the Legislature of the State of Florida: 
13 
14         Section 1. Subsections (2), (3), (10), and (13) of section 
15  790.06, Florida Statutes, are amended to read: 
16         790.06 License to carry concealed weapon or firearm.— 
17         (2) The Department of Agriculture and Consumer Services 
18  shall issue a license if the applicant: 
19         (a) Is a resident of the United States and a citizen of the 
20  United States or a permanent resident alien of the United 
21  States, as determined by the United States Bureau of Citizenship 
22  and Immigration Services, or is a consular security official of 
23  a foreign government that maintains diplomatic relations and 
24  treaties of commerce, friendship, and navigation with the United 
25  States and is certified as such by the foreign government and by 
26  the appropriate embassy in this country; 
27         (b) Is 21 years of age or older; 
28         (c) Does not suffer from a physical infirmity which 
29  prevents the safe handling of a weapon or firearm; 
30         (d) Is not ineligible to possess a firearm pursuant to s. 
31  790.23 by virtue of having been convicted of a felony; 
32         (e) Has not been committed for the abuse of a controlled 
33  substance or been found guilty of a crime under the provisions 
34  of chapter 893 or similar laws of any other state relating to 
35  controlled substances within a 5-year 3-year period immediately 
36  preceding the date on which the application is submitted; 
37         (f) Does not chronically and habitually use alcoholic 
38  beverages or other substances to the extent that his or her 
39  normal faculties are impaired. It shall be presumed that an 
40  applicant chronically and habitually uses alcoholic beverages or 
41  other substances to the extent that his or her normal faculties 
42  are impaired if the applicant has been committed under chapter 
43  397 or under the provisions of former chapter 396 or has been 
44  convicted under s. 790.151 or has been deemed a habitual 
45  offender under s. 856.011(3), or has had two or more convictions 
46  under s. 316.193 or similar laws of any other state, within the 
47  5-year 3-year period immediately preceding the date on which the 
48  application is submitted; 
49         (g) Desires a legal means to carry a concealed weapon or 
50  firearm for lawful self-defense; 
51         (h) Demonstrates competence with a firearm by any one of 
52  the following: 
53         1. Completion of any hunter education or hunter safety 
54  course approved by the Fish and Wildlife Conservation Commission 
55  or a similar agency of another state; 
56         2. Completion of any National Rifle Association firearms 
57  safety or training course; 
58         3. Completion of any firearms safety or training course or 
59  class available to the general public offered by a law 
60  enforcement, junior college, college, or private or public 
61  institution or organization or firearms training school, 
62  utilizing instructors certified by the National Rifle 
63  Association, Criminal Justice Standards and Training Commission, 
64  or the Department of Agriculture and Consumer Services; 
65         4. Completion of any law enforcement firearms safety or 
66  training course or class offered for security guards, 
67  investigators, special deputies, or any division or subdivision 
68  of law enforcement or security enforcement; 
69         5. Presents evidence of equivalent experience with a 
70  firearm through participation in organized shooting competition 
71  or military service; 
72         6. Is licensed or has been licensed to carry a firearm in 
73  this state or a county or municipality of this state, unless the 
74  such license has been revoked for cause; or 
75         7. Completion of any firearms training or safety course or 
76  class conducted by a state-certified or National Rifle 
77  Association certified firearms instructor; 
78 
79  A photocopy of a certificate of completion of any of the courses 
80  or classes; or an affidavit from the instructor, school, club, 
81  organization, or group that conducted or taught the said course 
82  or class attesting to the completion of the course or class by 
83  the applicant; or a copy of any document that which shows 
84  completion of the course or class or evidences participation in 
85  firearms competition constitutes shall constitute evidence of 
86  qualification under this paragraph; any person who conducts a 
87  course pursuant to subparagraph 2., subparagraph 3., or 
88  subparagraph 7., or who, as an instructor, attests to the 
89  completion of such courses, must maintain records certifying 
90  that he or she observed the student safely handle and discharge 
91  the firearm; 
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 prior to 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 or misdemeanor 
103  crime of domestic violence unless 5 3 years have elapsed since 
104  probation or any other conditions set by the court have been 
105  fulfilled, or the record has been sealed or expunged; 
106         (l) Has not been issued an injunction that is currently in 
107  force and effect and that restrains the applicant from 
108  committing acts of domestic violence or acts of repeat violence; 
109  and 
110         (m) Is not prohibited from purchasing or possessing a 
111  firearm by any other provision of Florida or federal law. 
112         (3) The Department of Agriculture and Consumer Services 
113  shall deny a license if the applicant has been found guilty of, 
114  had adjudication of guilt withheld for, or had imposition of 
115  sentence suspended for one or more crimes of violence 
116  constituting a misdemeanor, unless 5 3 years have elapsed since 
117  probation or any other conditions set by the court have been 
118  fulfilled or the record has been sealed or expunged. The 
119  Department of Agriculture and Consumer Services shall revoke a 
120  license if the licensee has been found guilty of, had 
121  adjudication of guilt withheld for, or had imposition of 
122  sentence suspended for one or more crimes of violence within the 
123  preceding 5 3 years. The department shall, upon notification by 
124  a law enforcement agency, a court, or the Florida Department of 
125  Law Enforcement and subsequent written verification, suspend a 
126  license or the processing of an application for a license if the 
127  licensee or applicant is arrested or formally charged with a 
128  crime that would disqualify the such person from having a 
129  license under this section, until final disposition of the case 
130  resulting in the charges being dismissed or nolle prossed by the 
131  state attorney’s office, the Office of Statewide Prosecution, or 
132  a court of competent jurisdiction. The department shall suspend 
133  a license or the processing of an application for a license if 
134  the licensee or applicant is issued an injunction that restrains 
135  the licensee or applicant from committing acts of domestic 
136  violence or acts of repeat violence. 
137         (10) A license issued under this section shall be suspended 
138  or revoked pursuant to chapter 120 if the licensee: 
139         (a) Is found to be ineligible under the criteria set forth 
140  in subsection (2); 
141         (b) Develops or sustains a physical infirmity which 
142  prevents the safe handling of a weapon or firearm; 
143         (c) Is convicted of a felony which would make the licensee 
144  ineligible to possess a firearm pursuant to s. 790.23; 
145         (d) Is found guilty of a crime under the provisions of 
146  chapter 893, or similar laws of any other state, relating to 
147  controlled substances; 
148         (e) Is committed as a substance abuser under chapter 397, 
149  or is deemed a habitual offender under s. 856.011(3), or similar 
150  laws of any other state; 
151         (f) Is convicted of a second violation of s. 316.193, or a 
152  similar law of another state, within 5 3 years after of a 
153  previous conviction of such section, or similar law of another 
154  state, even though the first violation may have occurred prior 
155  to the date on which the application was submitted; 
156         (g) Is adjudicated an incapacitated person under s. 
157  744.331, or similar laws of any other state; or 
158         (h) Is committed to a mental institution under chapter 394, 
159  or similar laws of any other state. 
160         (13) All moneys collected by the department pursuant to 
161  this section shall be deposited in the Division of Licensing 
162  Trust Fund, and the Legislature shall appropriate from the fund 
163  those amounts deemed necessary to administer the provisions of 
164  this section. All revenues collected, less those costs 
165  determined by the Department of Agriculture and Consumer 
166  Services to be nonrecurring or one-time costs, shall be deferred 
167  over the 7-year licensure period. Notwithstanding the provisions 
168  of s. 493.6117, all moneys collected under pursuant to this 
169  section do shall not revert to the General Revenue Fund; 
170  however, this does shall not abrogate the requirement for 
171  payment of the service charge imposed pursuant to chapter 215. 
172         Section 2. This act shall take effect July 1, 2010.