Bill Text: FL S0400 | 2018 | Regular Session | Introduced
Bill Title: Concealed Weapons or Concealed Firearms
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Health Policy [S0400 Detail]
Download: Florida-2018-S0400-Introduced.html
Florida Senate - 2018 SB 400 By Senator Campbell 38-00080-18 2018400__ 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. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 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 thatwhich28 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: 32 1. Found guilty of a crime under the provisions of chapter 33 893 or similar laws of any other state relating to controlled 34 substances within a 3-year period immediately preceding the date 35 on which the application is submitted; or 36 2. Committed for the abuse of a controlled substance under 37 chapter 397 or under the provisions of former chapter 396 or 38 similar laws of any other state. An applicant who has been 39 granted relief from firearms disabilities pursuant to s. 40 790.065(2)(a)4.d. or pursuant to the law of the state in which 41 the commitment occurred is deemed not to be committed for the 42 abuse of a controlled substance under this subparagraph; 43 (f) Does not chronically and habitually use alcoholic 44 beverages or other substances to the extent that his or her 45 normal faculties are impaired. It shall be presumed that an 46 applicant chronically and habitually uses alcoholic beverages or 47 other substances to the extent that his or her normal faculties 48 are impaired if the applicant has been convicted under s. 49 790.151 or has been deemed a habitual offender under s. 50 856.011(3), or has had two or more convictions under s. 316.193 51 or similar laws of any other state, within the 3-year period 52 immediately preceding the date on which the application is 53 submitted; 54 (g) Desires a legal means to carry a concealed weapon or 55 firearm for lawful self-defense; 56 (h) Demonstrates competence with a firearm by any one of 57 the following: 58 1. Completion of any hunter education or hunter safety 59 course approved by the Fish and Wildlife Conservation Commission 60 or a similar agency of another state; 61 2. Completion of any National Rifle Association firearms 62 safety or training course; 63 3. Completion of any firearms safety or training course or 64 class available to the general public offered by a law 65 enforcement agency, junior college, college, or private or 66 public institution or organization or firearms training school, 67 using instructors certified by the National Rifle Association, 68 Criminal Justice Standards and Training Commission, or the 69 Department of Agriculture and Consumer Services; 70 4. Completion of any law enforcement firearms safety or 71 training course or class offered for security guards, 72 investigators, special deputies, or any division or subdivision 73 of a law enforcement agency or security enforcement; 74 5. Presents evidence of equivalent experience with a 75 firearm through participation in organized shooting competition 76 or military service; 77 6. Is licensed or has been licensed to carry a firearm in 78 this state or a county or municipality of this state, unless 79 such license has been revoked for cause; or 80 7. Completion of any firearms training or safety course or 81 class conducted by a state-certified or National Rifle 82 Association certified firearms instructor; 83 84 A photocopy of a certificate of completion of any of the courses 85 or classes; an affidavit from the instructor, school, club, 86 organization, or group that conducted or taught such course or 87 class attesting to the completion of the course or class by the 88 applicant; or a copy of any document that shows completion of 89 the course or class or evidences participation in firearms 90 competition shall constitute evidence of qualification under 91 this paragraph. A person who conducts a course pursuant to 92 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 93 an instructor, attests to the completion of such courses, must 94 maintain records certifying that he or she observed the student 95 safely handle and discharge the firearm in his or her physical 96 presence and that the discharge of the firearm included live 97 fire using a firearm and ammunition as defined in s. 790.001; 98 (i) Has not been adjudicated an incapacitated person under 99 s. 744.331, or similar laws of any other state. An applicant who 100 has been granted relief from firearms disabilities pursuant to 101 s. 790.065(2)(a)4.d. or pursuant to the law of the state in 102 which the adjudication occurred is deemed not to have been 103 adjudicated an incapacitated person under this paragraph; 104 (j) Has not been committed to a mental institution under 105 chapter 394, or similar laws of any other state. An applicant 106 who has been granted relief from firearms disabilities pursuant 107 to s. 790.065(2)(a)4.d. or pursuant to the law of the state in 108 which the commitment occurred is deemed not to have been 109 committed in a mental institution under this paragraph; 110 (k) Has not had adjudication of guilt withheld or 111 imposition of sentence suspended on any felony unless 3 years 112 have elapsed since probation or any other conditions set by the 113 court have been fulfilled, or expunction has occurred; 114 (l) Has not had adjudication of guilt withheld or 115 imposition of sentence suspended on any misdemeanor crime of 116 domestic violence unless 3 years have elapsed since probation or 117 any other conditions set by the court have been fulfilled, or 118 the record has been expunged; 119 (m) Has not been issued an injunction that is currently in 120 force and effect and that restrains the applicant from 121 committing acts of domestic violence or acts of repeat violence; 122and123 (n) Has undergone a mental health evaluation conducted by a 124 clinical psychologist or a psychiatrist, as those terms are 125 defined in s. 394.455, and has been determined to be competent 126 and of sound mind; and 127 (o)(n)Is not prohibited from purchasing or possessing a 128 firearm by any other provision of Florida or federal law. 129 Section 2. This act shall take effect July 1, 2018.