8/11/2019 atf-p-5300-5-florida-2010

1/12

Page 129

Title XLVI. Crimes

Chapter 790. Weapons and Firearms

790.001. DefinitionsAs used in this chapter,except where the context otherwise requires:

(1) "Antique firearm" means any firearmmanufactured in or before 1918 (including anymatchlock, flintlock, percussion cap, or similarearly type of ignition system) or replica thereof,whether actually manufactured before or afterthe year 1918, and also any firearm using fixedammunition manufactured in or before 1918, forwhich ammunition is no longer manufactured inthe United States and is not readily available inthe ordinary channels of commercial trade.

(2) "Concealed firearm" means any firearm,as defined in subsection (6), which is carried onor about a person in such a manner as to con-ceal the firearm from the ordinary sight of an-other person.

(3)(a) "Concealed weapon" means any dirk,metallic knuckles, slungshot, billie, tear gas gun,

chemical weapon or device, or other deadlyweapon carried on or about a person in such amanner as to conceal the weapon from the ordi-nary sight of another person.

(b) "Tear gas gun" or "chemical weapon ordevice" means any weapon of such nature, ex-cept a device known as a "self-defense chemi-cal spray." "Self-defense chemical spray" meansa device carried solely for purposes of lawfulself-defense that is compact in size, designed tobe carried on or about the person, and containsnot more than two ounces of chemical.

(4) "Destructive device" means any bomb,grenade, mine, rocket, missile, pipebomb, orsimilar device containing an explosive, incendia-ry, or poison gas and includes any frangible con-

tainer filled with an explosive, incendiary, explo-sive gas, or expanding gas, which is designed orso constructed as to explode by such filler and iscapable of causing bodily harm or property dam-age; any combination of parts either designed orintended for use in converting any device into adestructive device and from which a destructivedevice may be readily assembled; any devicedeclared a destructive device by the Bureau ofAlcohol, Tobacco, and Firearms; any type ofweapon which will, is designed to, or may readilybe converted to expel a projectile by the actionof any explosive and which has a barrel with abore of one-half inch or more in diameter; andammunition for such destructive devices, but notincluding shotgun shells or any other ammuni-tion designed for use in a firearm other than a

destructive device. "Destructive device" does notinclude:

(a) A device which is not designed, rede-signed, used, or intended for use as a weapon;

(b) Any device, although originally designedas a weapon, which is redesigned so that it maybe used solely as a signaling, line-throwing,safety, or similar device;

(c) Any shotgun other than a short-barreledshotgun; or

(d)Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particu-larly suitable for use for the hunting of big game.

(5) "Explosive" means any chemical com-pound or mixture that has the property of yield-

ing readily to combustion or oxidation upon ap-plication of heat, flame, or shock, including butnot limited to dynamite, nitroglycerin, trinitrotolu-ene, or ammonium nitrate when combined withother ingredients to form an explosive mixture,blasting caps, and detonators; but not including:

(a)Shotgun shells, cartridges, or ammunitionfor firearms;

(b)Fireworks as defined in s. 791.01;(c) Smokeless propellant powder or small

arms ammunition primers, if possessed, pur-chased, sold, transported, or used in compliancewith s. 552.241;

(d)Black powder in quantities not to exceedthat authorized by chapter 552, or by any rulesadopted thereunder by the Department of Finan-cial Services, when used for, or intended to beused for, the manufacture of target and sportingammunition or for use in muzzle-loading flint orpercussion weapons.

The exclusions contained in paragraphs (a)-(d) do not apply to the term "explosive" as usedin the definition of "firearm" in subsection (6).

(6) "Firearm" means any weapon (including astarter gun) which will, is designed to, or mayreadily be converted to expel a projectile by theaction of an explosive; the frame or receiver ofany such weapon; any firearm muffler or firearmsilencer; any destructive device; or any machinegun. The term "firearm" does not include an an-tique firearm unless the antique firearm is usedin the commission of a crime.

(7) "Indictment" means an indictment or aninformation in any court under which a crimepunishable by imprisonment for a term exceed-ing 1 year may be prosecuted.

(8) "Law enforcement officer" means:(a) All officers or employees of the United

States or the State of Florida, or any agency,

commission, department, board, division, munic-ipality, or subdivision thereof, who have authorityto make arrests;

(b)Officers or employees of the United Statesor the State of Florida, or any agency, commis-sion, department, board, division, municipality,or subdivision thereof, duly authorized to carry aconcealed weapon;

(c) Members of the Armed Forces of theUnited States, the organized reserves, statemilitia, or Florida National Guard, when on duty,when preparing themselves for, or going to orfrom, military duty, or under orders;

(d) An employee of the state prisons or cor-rectional systems who has been so designatedby the Department of Corrections or by a war-den of an institution;

(e)All peace officers;(f) All state attorneys and United States at-

torneys and their respective assistants and in-vestigators.

(9) "Machine gun" means any firearm, as de-fined herein, which shoots, or is designed toshoot, automatically more than one shot, withoutmanually reloading, by a single function of thetrigger.

(10) "Short-barreled shotgun" means a shot-gun having one or more barrels less than 18inches in length and any weapon made from ashotgun (whether by alteration, modification, orotherwise) if such weapon as modified has anoverall length of less than 26 inches.

(11) "Short-barreled rifle" means a rifle havingone or more barrels less than 16 inches inlength and any weapon made from a rifle(whether by alteration, modification, or otherwise) if such weapon as modified has an overallength of less than 26 inches.

(12) "Slungshot" means a small mass ometal, stone, sand, or similar material fixed on aflexible handle, strap, or the like, used as aweapon.

(13) "Weapon" means any dirk, knife, metallicknuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weaponexcept a firearm or a common pocketknifeplastic knife, or blunt-bladed table knife.

(14) "Electric weapon or device" means anydevice which, through the application or use oelectrical current, is designed, redesigned, usedor intended to be used for offensive or defensivepurposes, the destruction of life, or the inflictionof injury.

(15) "Dart-firing stun gun" means any devicehaving one or more darts that are capable o

delivering an electrical current.(16) "Readily accessible for immediate use

means that a firearm or other weapon is carriedon the person or within such close proximity andin such a manner that it can be retrieved andused as easily and quickly as if carried on theperson.

(17) "Securely encased" means in a glovecompartment, whether or not locked; snapped ina holster; in a gun case, whether or not lockedin a zippered gun case; or in a closed box ocontainer which requires a lid or cover to beopened for access.

(18) "Sterile area"means the area of an airport to which access is controlled by the inspection of persons and property in accordance with

federally approved airport security programs.(19) "Ammunition" means an objecconsisting of all of the following:

(a) A fixed metallic or nonmetallic hull ocasing containing a primer.

(b) One or more projectiles, one or morebul-lets, or shot.

(c) Gunpowder.All of the specified components must be

present for an object to be ammunition.790.065. Sale and delivery of firearms(1) A licensed importer, licensed manufactur

er, or licensed dealer may not sell or delivefrom her or his inventory at her or his licensedpremises any firearm to another person, othethan a licensed importer, licensed manufacturerlicensed dealer, or licensed collector, until she o

he has:(a) Obtained a completed form from the po

tential buyer or transferee, which form shall havebeen promulgated by the Department of LawEnforcement and provided by the licensed importer, licensed manufacturer, or licensed dealer, which shall include the name, date of birthgender, race, and social security number oother identification number of such potential buyer or transferee and has inspected proper iden-tification including an identification containing aphotograph of the potential buyer or transferee.

(b)Collected a fee from the potential buyer foprocessing the criminal history check of the po

FLORIDAFLA.STAT.

8/11/2019 atf-p-5300-5-florida-2010

2/12

Page 130

tential buyer. The fee shall be established by theDepartment of Law Enforcement and may notexceed $8 per transaction. The Department ofLaw Enforcement may reduce, or suspend col-lection of, the fee to reflect payment receivedfrom the Federal Government applied to the costof maintaining the criminal history check systemestablished by this section as a means of facili-tating or supplementing the National InstantCriminal Background Check System. The De-partment of Law Enforcement shall, by rule, es-tablish procedures for the fees to be transmitted

by the licensee to the Department of Law En-forcement. All such fees shall be deposited intothe Department of Law Enforcement OperatingTrust Fund, but shall be segregated from allother funds deposited into such trust fund andmust be accounted for separately. Such segre-gated funds must not be used for any purposeother than the operation of the criminal historychecks required by this section. The Departmentof Law Enforcement, each year prior to February1, shall make a full accounting of all receipts andexpenditures of such funds to the President ofthe Senate, the Speaker of the House of Repre-sentatives, the majority and minority leaders ofeach house of the Legislature, and the chairs ofthe appropriations committees of each house ofthe Legislature. In the event that the cumulative

amount of funds collected exceeds the cumula-tive amount of expenditures by more than $2.5million, excess funds may be used for the pur-pose of purchasing soft body armor for lawenforcement officers.

(c) Requested, by means of a toll-free tele-phone call, the Department of Law Enforcementto conduct a check of the information as re-ported and reflected in the Florida Crime Inform-ation Center and National Crime InformationCenter systems as of the date of the request.

(d) Received a unique approval number forthat inquiry from the Department of Law En-forcement, and recorded the date and suchnumber on the consent form.However, if the person purchasing, or receiving

delivery of, the firearm is a holder of a validconcealed weapons or firearms license pursuantto the provisions of s. 790.06 or holds an activecertification from the Criminal Justice Standardsand Training Com-mission as a "lawenforcement officer," a "correctional officer," or a"correctional probation officer" as defined in s.943.10(1), (2), (3), (6), (7), (8), or (9), theprovisions of this subsection do not apply.

(2) Upon receipt of a request for a criminalhistory record check, the Department of LawEnforcement shall, during the licensee's call orby return call, forthwith:

(a)Review any records available to determineif the potential buyer or transferee:

1. Has been convicted of a felony and isprohibited from receipt or possession of a

firearm pursuant to s. 790.23;2. Has been convicted of a misdemeanor

crime of domestic violence, and therefore isprohibited from purchasing a firearm;

3. Has had adjudication of guilt withheld orimposition of sentence suspended on any felonyor misdemeanor crime of domestic violenceunless 3 years have elapsed since probation orany other conditions set by the court have beenfulfilled or expunction has occurred; or

4.Has been adjudicated mentally defective orhas been committed to a mental institution by acourt and as a result is prohibited by federal lawfrom purchasing a firearm.

a.As used in this subparagraph, "adjudicatedmentally defective" means a determination by a

court that a person, as a result of markedsubnormal intelligence, or mental illness,incompetency, condition, or disease, is a dangerto himself or herself or to others or lacks themental capacity to contract or manage his or herown affairs. The phrase includes a judicialfinding of incapacity under s. 744.331(6)(a), anacquittal by reason of insanity of a personcharged with a criminal offense, and a judicialfinding that a criminal defendant is notcompetent to stand trial.

b.As used in this subparagraph, "committed

to a mental institution" means involuntarycommitment, commitment for mentaldefectiveness or mental illness, and commitmentfor substance abuse. The phrase includesinvoluntary inpatient placement as defined in s.394.467, involuntary outpatient placement asdefined in s. 394.4655, involuntary assessmentand stabilization under s. 397.6818, andinvoluntary substance abuse treatment under s.397.6957, but does not include a person in amental institution for observation or dischargedfrom a mental institution based upon the initialreview by the physician or a voluntary admissionto a mental institution.

c. In order to check for these conditions, thedepartment shall compile and maintain anautomated database of persons who are

prohibited from purchasing a firearm based oncourt records of adjudications of mentaldefectiveness or commitments to mentalinstitutions. Clerks of court shall submit theserecords to the department within 1 month afterthe rendition of the adjudication or commitment.Reports may be submitted in an automatedformat. The reports must, at a minimum, includethe name, along with any known alias or formername, the sex, and the date of birth of thesubject. The department shall delete any mentalhealth record from the database upon request ofan individual when 5 years have elapsed sincethe individual's restoration to capacity by courtorder after being adjudicated an incapacitatedperson under s. 744.331, or similar laws of any

other state; or, in the case of an individual whowas previously committed to a mental institutionunder chapter 394, or similar laws of any otherstate, when the individual produces a certificatefrom a licensed psychiatrist that he or she hasnot suffered from disability for at least 5 yearsprior to the date of request for removal of therecord. When the department has received asubsequent record of an adjudication of mentaldefectiveness or commitment to a mentalinstitution for such individual, the 5-yeartimeframe shall be calculated from the mostrecent adjudication of incapacitation orcommitment.

d. The department is authorized to disclosethe collected data to agencies of the FederalGovernment and other states for use exclusively

in determining the lawfulness of a firearm sale ortransfer. The department is also authorized todisclose any collected data to the Department ofAgriculture and Consumer Services for purposesof determining eligibility for issuance of aconcealed weapons or concealed firearmslicense and for determining whether a basisexists for revoking or suspending a previouslyissued license pursuant to s. 790.06(10). Whena potential buyer or transferee appeals anonapproval based on these records, the clerksof court and mental institutions shall, uponrequest by the department, provide informationto help determine whether the potential buyer ortransferee is the same person as the subject ofthe record. Photographs and any other data that

could confirm or negate identity must be madeavailable to the department for such purposesnotwithstanding any other provision of state lawto the contrary. Any such information that ismade confidential or exempt from disclosure bylaw shall retain such confidential or exempstatus when transferred to the department.

(b) Inform the licensee making the inquiryeither that records demonstrate that the buyer otransferee is so prohibited and provide thelicensee a nonapproval number, or provide thelicensee with a unique approval number.

(c) 1. Review any records available to it todetermine whether the potential buyer otransferee has been indicted or has had aninformation filed against her or him for anoffense that is a felony under either state ofederal law, or, as mandated by federal law, hashad an injunction for protection against domesticviolence entered against the potential buyer otransferee under s. 741.30, has had aninjunction for protection against repeat violenceentered against the potential buyer or transfereeunder s. 784.046, or has been arrested for adangerous crime as specified in s. 907.041(4)(aor for any of the following enumerated offenses:

a. Criminal anarchy under ss. 876.01 and876.02.

b.Extortion under s. 836.05.

c. Explosives violations under s. 552.22(1and (2).

d. Controlled substances violations undechapter 893.

e.Resisting an officer with violence under s843.01.

f. Weapons and firearms violations under thischapter.

g. Treason under s. 876.32.h.Assisting self-murder under s. 782.08.i.Sabotage under s. 876.38.

j. Stalking or aggravated stalking under s784.048.

If the review indicates any such indictmentinformation, or arrest, the department shalprovide to the licensee a conditiona

nonapproval number.2. Within 24 working hours, the departmenshall determine the disposition of the indictmentinformation, or arrest and inform the licensee asto whether the potential buyer is prohibited fromreceiving or possessing a firearm. For purposesof this paragraph, "working hours" means thehours from 8 a.m. to 5 p.m. Monday throughFriday, excluding legal holidays.

3.The office of the clerk of court, at no chargeto the department, shall respond to anydepartment request for data on the disposition othe indictment, information, or arrest as soon aspossible, but in no event later than 8 workinghours.

4.The department shall determine as quicklyas possible within the allotted time period

whether the potential buyer is prohibited fromreceiving or possessing a firearm.

5.If the potential buyer is not so prohibited, oif the department cannot determine thedisposition information within the allotted timeperiod, the department shall provide the licenseewith a conditional approval number.

6.If the buyer is so prohibited, the conditionanonapproval number shall become anonapproval number.

7.The department shall continue its attemptsto obtain the disposition information and mayretain a record of all approval numbers grantedwithout sufficient disposition information. If thedepartment later obtains disposition informationwhich indicates:

8/11/2019 atf-p-5300-5-florida-2010

3/12

Page 131

a. That the potential buyer is not prohibitedfrom owning a firearm, it shall treat the record ofthe transaction in accordance with this section;or

b.That the potential buyer is prohibited fromowning a firearm, it shall immediately revoke theconditional approval number and notify local lawenforcement.

8. During the time that disposition of theindictment, information, or arrest is pending anduntil the department is notified by the potentialbuyer that there has been a final disposition of

the indictment, information, or arrest, theconditional nonapproval number shall remain ineffect.

(3)In the event of scheduled computer down-time, electronic failure, or similar emergency be-yond the control of the Department of LawEnforcement, the department shall immediatelynotify the licensee of the reason for, andestimated length of, such delay. After suchnotification, the department shall forthwith, andin no event later than the end of the nextbusiness day of the licensee, either inform therequesting licensee if its records demonstratethat the buyer or transferee is prohibited fromreceipt or possession of a firearm pursuant toFlorida and Federal law or provide the licenseewith a unique approval number. Unless notified

by the end of said next business day that thebuyer or transferee is so prohibited, and withoutregard to whether she or he has received aunique approval number, the licensee maycomplete the sale or transfer and shall not bedeemed in violation of this section with respectto such sale or transfer.

(4)(a) Any records containing any of the in-formation set forth in subsection (1) pertaining toa buyer or transferee who is not found to be pro-hibited from receipt or transfer of a firearm byreason of Florida and federal law which recordsare created by the Department of Law Enforce-ment to conduct the criminal history recordcheck shall be confidential and exempt from theprovisions of s. 119.07(1) and may not be dis-

closed by the Department of Law Enforcementor any officer or employee thereof to any personor to another agency. The Department of LawEnforcement shall destroy any such recordsforthwith after it communicates the approval andnonapproval numbers to the licensee and, in anyevent, such records shall be destroyed within 48hours after the day of the response to thelicensee's request.

(b)Notwithstanding the provisions of this sub-section, the Department of Law Enforcementmay maintain records of NCIC transactions tothe extent required by the Federal Government,and may maintain a log of dates of requests forcriminal history records checks, unique approvaland nonapproval numbers, license identificationnumbers, and transaction numbers correspond-

ing to such dates for a period of not longer than2 years or as otherwise required by law.

(c)Nothing in this chapter shall be construedto allow the State of Florida to maintain recordscontaining the names of purchasers or transfer-ees who receive unique approval numbers or tomaintain records of firearm transactions.

(d)Any officer or employee, or former officeror employee of the Department of Law Enforce-ment or law enforcement agency who intention-ally and maliciously violates the provisions ofthis subsection commits a felony of the thirddegree punishable as provided in s. 775.082 ors. 775.083.

(5)The Department of Law Enforcement shallestablish a toll-free telephone number which

shall be operational 7 days a week with the ex-ception of Christmas Day and New Year's Day,for a period of 12 hours a day beginning at 9a.m. and ending at 9 p.m., for purposes of re-sponding to inquiries as described in this sectionfrom licensed manufacturers, licensed importers,and licensed dealers. The Department of LawEnforcement shall employ and train such per-sonnel as are necessary expeditiously to admin-ister the provisions of this section.

(6) Any person who is denied the right to re-ceive or purchase a firearm as a result of the

procedures established by this section may re-quest a criminal history records review and cor-rection in accordance with the rules promulgatedby the Department of Law Enforcement.

(7)It shall be unlawful for any licensed dealer,licensed manufacturer, or licensed importer will-fully and intentionally to request criminal historyrecord information under false pretenses, or will-fully and intentionally to disseminate criminalhistory record information to any person otherthan the subject of such information. Any personconvicted of a violation of this subsection com-mits a felony of the third degree punishable asprovided in s. 775.082 or s. 775.083.

(8)The Department of Law Enforcement shallpromulgate regulations to ensure the identity,confidentiality, and security of all records and

data provided pursuant to this section.(9) This section shall become effective at

such time as the Department of Law Enforce-ment has notified all licensed importers, licensedmanufacturers, and licensed dealers in writingthat the procedures and toll-free number de-scribed in this section are operational. This sec-tion shall remain in effect only during such timesas the procedures described in subsection (2)remain operational.

(10)A licensed importer, licensed manufactur-er, or licensed dealer is not required to complywith the requirements of this section in the eventof:

(a) Unavailability of telephone service at thelicensed premises due to the failure of the entity

which provides telephone service in the state,region, or other geographical area in which thelicensee is located to provide telephone serviceto the premises of the licensee due to the loca-tion of said premises; or the interruption of tele-phone service by reason of hurricane, tornado,flood, natural disaster, or other act of God, war,invasion, insurrection, riot, or other bona fideemergency, or other reason beyond the controlof the licensee; or

(b)Failure of the Department of Law Enforce-ment to comply with the requirements of sub-sections (2) and (3).

(11) Compliance with the provisions of thischapter shall be a complete defense to anyclaim or cause of action under the laws of anystate for liability for damages arising from the im-

portation or manufacture, or the subsequent saleor transfer to any person who has been con-victed in any court of a crime punishable by im-prisonment for a term exceeding 1 year, of anyfirearm which has been shipped or transportedin interstate or foreign commerce. The Depart-ment of Law Enforcement, its agents and em-ployees shall not be liable for any claim or causeof action under the laws of any state for liabilityfor damages arising from its actions in lawfulcompliance with this section.

(12)(a)Any potential buyer or transferee whowillfully and knowingly provides false informationor false or fraudulent identification commits a fel-ony of the third degree punishable as providedin s. 775.082 or s. 775.083.

(b)Any licensed importer, licensed manufacturer, or licensed dealer who violates theprovisions of subsection (1) commits a felony othe third degree punishable as provided in s775.082 or s. 775.083.

(c)Any employee or agency of a licensed importer, licensed manufacturer, or licensed dealewho violates the provisions of subsection (1commits a felony of the third degree punishableas provided in s. 775.082 or s. 775.083.

(d)Any person who knowingly acquires a firearm through purchase or transfer intended fo

the use of a person who is prohibited by state ofederal law from possessing or receiving a firearm commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(13)This section does not apply to employeesof sheriff's offices, municipal police departmentscorrectional facilities or agencies, or other criminal justice or governmental agencies when thepurchases or transfers are made on behalf of anemploying agency for official law enforcemenpurposes.

790.0655. Purchase and delivery of handguns; mandatory waiting period; exceptionspenalties

(1)(a) There shall be a mandatory 3-day waiting period, which shall be 3 days, excludingweekends and legal holidays, between the pur

chase and the delivery at retail of any handgun"Purchase" means the transfer of money oother valuable consideration to the retailer"Handgun" means a firearm capable of beingcarried and used by one hand, such as a pistoor revolver. "Retailer" means and includes everyperson engaged in the business of making salesat retail or for distribution, or use, or consumption, or storage to be used or consumed in thisstate, as defined in s. 212.02(13).

(b)Records of handgun sales must be available for inspection by any law enforcemenagency, as defined in s. 934.02, during normabusiness hours.

(2)The 3-day waiting period shall not apply inthe following circumstances:

(a)When a handgun is being purchased by aholder of a concealed weapons permit as defined in s. 790.06.

(b)To a trade-in of another handgun.(3) It is a felony of the third degree, punish

able as provided in s. 775.082, s. 775.083, or s775.084:

(a) For any retailer, or any employee or agenof a retailer, to deliver a handgun before the expiration of the 3-day waiting period, subject tothe exceptions provided in subsection (2).

(b) For a purchaser to obtain delivery of ahandgun by fraud, false pretense, or false representation.

790.115. Possessing or discharging weapons or firearms at a school-sponsored evenor on school property prohibited; penalties

exceptions(1)A person who exhibits any sword, sword

cane, firearm, electric weapon or device, destructive device, or other weapon as defined ins. 790.001(13), including a razor blade, boxcutter, or common pocket knife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons ina rude, careless, angry, or threatening manneand not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of anyschool, school bus, or school bus stop, or within1,000 feet of the real property that comprises apublic or private elementary school, middleschool, or secondary school, during schoohours or during the time of a sanctioned schoo

8/11/2019 atf-p-5300-5-florida-2010

4/12

Page 132

activity, commits a felony of the third degree,punishable as provided in s. 775.082, s.775.083, or s. 775.084. This subsection doesnot apply to the exhibition of a firearm or weap-on on private real property within 1,000 feet of aschool by the owner of such property or by aperson whose presence on such property hasbeen authorized, licensed, or invited by the own-er.

(2)(a)A person shall not possess any firearm,electric weapon or device, destructive device, orother weapon as defined in s. 790.001(13),

including a razor blade or box cutter, except asauthorized in support of school-sanctionedactivities, at a school-sponsored event or on theproperty of any school, school bus, or schoolbus stop; however, a person may carry afirearm:

1. In a case to a firearms program, class orfunction which has been approved in advanceby the principal or chief administrative officer ofthe school as a program or class to which fire-arms could be carried;

2. In a case to a career center having a fire-arms training range; or

3. In a vehicle pursuant to s. 790.25(5); ex-cept that school districts may adopt written andpublished policies that waive the exception inthis subparagraph for purposes of student and

campus parking privileges.For the purposes of this section, "school"

means any preschool, elementary school, mid-dle school, junior high school, secondary school,career center, or postsecondary school, whetherpublic or nonpublic.

(b)A person who willfully and knowingly pos-sesses any electric weapon or device, destruc-tive device, or other weapon, as defined in s.790.001(13), including a razor blade or boxcutter, except as authorized in support of school-sanctioned activities, in violation of thissubsection commits a felony of the third degree,punishable as provided in s. 775.082, s.775.083, or s. 775.084.

(c)1. A person who willfully and knowingly

possesses any firearm in violation of this sub-section commits a felony of the third degree,punishable as provided in s. 775.082, s.775.083, or s. 775.084.

2. A person who stores or leaves a loadedfirearm within the reach or easy access of a min-or who obtains the firearm and commits a viola-tion of subparagraph 1. commits a misdemeanorof the second degree, punishable as provided ins. 775.082 or s. 775.083; except that this doesnot apply if the firearm was stored or left in asecurely locked box or container or in a locationwhich a reasonable person would have believedto be secure, or was securely locked with a fire-arm-mounted push-button combination lock or atrigger lock; if the minor obtains the firearm as aresult of an unlawful entry by any person; or to

members of the Armed Forces, National Guard,or State Militia, or to police or other law enforce-ment officers, with respect to firearm possessionby a minor which occurs during or incidental tothe performance of their official duties.

(d)A person who discharges any weapon orfirearm while in violation of paragraph (a), unlessdischarged for lawful defense of himself or her-self or another or for a lawful purpose, commitsa felony of the second degree, punishable asprovided in s. 775.082, s. 775.083, or s.775.084.

(e)The penalties of this subsection shall notapply to persons licensed under s. 790.06. Per-sons licensed under s. 790.06 shall be punishedas provided in s. 790.06(12), except that a li-

censeholder who unlawfully discharges a weap-on or firearm on school property as prohibited bythis subsection commits a felony of the seconddegree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.

(3)This section does not apply to any law en-forcement officer as defined in s. 943.10(1), (2),(3), (4), (6), (7), (8), (9), or (14).

(4)Notwithstanding s. 985.24, s. 985.245, ors. 985.25(1), any minor under 18 years of agewho is charged under this section with pos-sessing or discharging a firearm on school prop-

erty shall be detained in secure detention, un-less the state attorney authorizes the release ofthe minor, and shall be given a probable causehearing within 24 hours after being taken intocustody. At the hearing, the court may order thatthe minor continue to be held in secure deten-tion for a period of 21 days, during which timethe minor shall receive medical, psychiatric, psy-chological, or substance abuse examinationspursuant to s. 985.18, and a written report shallbe completed.

790.151. Using firearm while under theinfluence of alcoholic beverages, chemicalsubstances, or controlled substances;penalties

(1)As used inss. 790.151-790.157,to "use afirearm" means to discharge a firearm or to have

a firearm readily accessible for immediatedischarge.

(2) For the purposes of this section, "readilyaccessible for immediate discharge" meansloaded and in a person's hand.

(3) It is unlawful and punishable as providedin subsection (4) for any person who is underthe influence of alcoholic beverages, anychemical substance set forth in s. 877.111, orany substance controlled under chapter 893,when affected to the extent that his or hernormal faculties are impaired, to use a firearm inthis state.

(4) Any person who violates subsection (3)commits a misdemeanor of the second degree,punishable as provided in s. 775.082 or s.

775.083.(5) This section does not apply to personsexercising lawful self-defense or defense ofone's property.

790.161. Making, possessing, throwing,projecting, placing, or discharging any des-tructive device or attempt so to do, felony;penaltiesA person who willfully and unlawfully makes,possesses, throws, projects, places, dis-charges, or attempts to make, possess, throw,project, place, or discharge any destructivedevice:

(1)Commits a felony of the third degree, pun-ishable as provided in s. 775.082 or s. 775.084.

(2) If the act is perpetrated with the intent todo bodily harm to any person, or with the intent

to do property damage, or if the act results in adisruption of governmental operations, com-merce, or the private affairs of another person,commits a felony of the second degree, punish-able as provided in s. 775.082 or s. 775.084.

(3)If the act results in bodily harm to anotherperson or in property damage, commits a felonyof the first degree, punishable as provided in s.775.082 or s. 775.084.

(4) If the act results in the death of anotherperson, commits a capital felony, punishable asprovided in s. 775.082. In the event the deathpenalty in a capital felony is held to be unconsti-tutional by the Florida Supreme Court or theUnited States Supreme Court, the court havingjurisdiction over a person previously sentenced

to death for a capital felony shall cause suchperson to be brought before the court, and thecourt shall sentence such person to life imprisonment if convicted of murder in the first degreeor of a capital felony under this subsection, andsuch person shall be ineligible for parole. Nosentence of death shall be reduced as a result oa determination that a method of execution isheld to be unconstitutional under the StateConstitution or the Constitution of the UnitedStates.

790.1612. Authorization for governmenta

manufacture, possession, and use of destructive devices The governing body of anymunicipality or county and the Division of StateFire Marshal of the Department of Financial Services have the power to authorize the manufacture, possession, and use of destructive devicesas defined in s. 790.001(4).

790.17. Furnishing weapons to minorsunder 18 years of age or persons of unso undmind and furnishing firearms to minorsunder 18 years of age proh ibited

(1)A person who sells, hires, barters, lendstransfers, or gives any minor under 18 years oage any dirk, electric weapon or device, or otheweapon, other than an ordinary pocketknifewithout permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, o

gives to any person of unsound mind an electricweapon or device or any dangerous weaponother than an ordinary pocketknife, commits amisdemeanor of the first degree, punishable asprovided in s. 775.082 or s. 775.083.

(2)(a)A person may not knowingly or willfullysell or transfer a firearm to a minor under 18years of age, except that a person may transfeownership of a firearm to a minor with permission of the parent or guardian. A person whoviolates this paragraph commits a felony of thethird degree, punishable as provided in s775.082, s. 775.083, or s. 775.084.

(b) The parent or guardian must maintainpossession of the firearm except pursuant to s790.22.

790.174. Safe storage of firearms required(1)A person who stores or leaves, on a premise under his or her control, a loaded firearm, asdefined in s. 790.001, and who knows or reasonably should know that a minor is likely to gainaccess to the firearm without the lawful permission of the minor's parent or the person havingcharge of the minor, or without the supervisionrequired by law, shall keep the firearm in a securely locked box or container or in a locationwhich a reasonable person would believe to besecure or shall secure it with a trigger lock, except when the person is carrying the firearm onhis or her body or within such close proximitythereto that he or she can retrieve and use it aseasily and quickly as if he or she carried it on hisor her body.

(2)It is a misdemeanor of the second degreepunishable as provided in s. 775.082 or s775.083, if a person violates subsection (1) byfailing to store or leave a firearm in the requiredmanner and as a result thereof a minor gains access to the firearm, without the lawful permissionof the minor's parent or the person havingcharge of the minor, and possesses or exhibitsit, without the supervision required by law:

(a)In a public place; or(b) In a rude, careless, angry, or threatening

manner in violation of s. 790.10.This subsection does not apply if the mino

obtains the firearm as a result of an unlawfuentry by any person.

http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=FLCODE%20790.151&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=958f595ff9ec752329ed385e64c10684http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=FLCODE%20790.151&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=958f595ff9ec752329ed385e64c10684http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=3&_butInline=1&_butinfo=FLCODE%20790.157&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=fd9b424fef222a0c67654ec46950f207http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=3&_butInline=1&_butinfo=FLCODE%20790.157&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=fd9b424fef222a0c67654ec46950f207http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=3&_butInline=1&_butinfo=FLCODE%20790.157&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=fd9b424fef222a0c67654ec46950f207http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=4&_butInline=1&_butinfo=FLCODE%20877.111&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=2bcdba1a187d3664ac117366eb789aa4http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=4&_butInline=1&_butinfo=FLCODE%20877.111&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=2bcdba1a187d3664ac117366eb789aa4http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=4&_butInline=1&_butinfo=FLCODE%20877.111&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=2bcdba1a187d3664ac117366eb789aa4http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=5&_butInline=1&_butinfo=FLCODE%20775.082&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=3ac8660f30fb6b7998e4013d8580e279http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=5&_butInline=1&_butinfo=FLCODE%20775.082&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=3ac8660f30fb6b7998e4013d8580e279http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=6&_butInline=1&_butinfo=FLCODE%20775.083&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=9eeb3821cadfa348af32af83b93eebd5http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=6&_butInline=1&_butinfo=FLCODE%20775.083&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=9eeb3821cadfa348af32af83b93eebd5http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=6&_butInline=1&_butinfo=FLCODE%20775.083&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=9eeb3821cadfa348af32af83b93eebd5http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=6&_butInline=1&_butinfo=FLCODE%20775.083&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=9eeb3821cadfa348af32af83b93eebd5http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=6&_butInline=1&_butinfo=FLCODE%20775.083&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=9eeb3821cadfa348af32af83b93eebd5http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=5&_butInline=1&_butinfo=FLCODE%20775.082&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=3ac8660f30fb6b7998e4013d8580e279http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=4&_butInline=1&_butinfo=FLCODE%20877.111&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=2bcdba1a187d3664ac117366eb789aa4http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=3&_butInline=1&_butinfo=FLCODE%20790.157&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=fd9b424fef222a0c67654ec46950f207http://www.lexis.com/research/buttonTFLink?_m=7673f3002c6a79d95dca20b35299f2c2&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bFla.%20Stat.%20%a7%20790.151%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=FLCODE%20790.151&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlb-zSkAA&_md5=958f595ff9ec752329ed385e64c10684

8/11/2019 atf-p-5300-5-florida-2010

5/12

Page 133

(3) As used in this act, the term "minor"means any person under the age of 16.

790.175. Transfer or sale of firearms; re-quired warnings; penalties

(1) Upon the retail commercial sale or retailtransfer of any firearm, the seller or transferorshall deliver a written warning to the purchaseror transferee, which warning states, in blockletters not less than 1/4 inch in height:"IT IS UNLAWFUL, AND PUNISHABLE BYIMPRISONMENT AND FINE, FOR ANY ADULTTO STORE OR LEAVE A FIREARM IN ANY

PLACE WITHIN THE REACH OR EASYACCESS OF A MINOR UNDER 18 YEARS OFAGE OR TO KNOWINGLY SELL OR OTHER-WISE TRANSFER OWNERSHIP OR POSSES-SION OF A FIREARM TO A MINOR OR APERSON OF UNSOUND MIND."

(2) Any retail or wholesale store, shop, orsales outlet which sells firearms must conspicu-ously post at each purchase counter the follow-ing warning in block letters not less than 1 inchin height:"IT IS UNLAWFUL TO STORE OR LEAVE AFIREARM IN ANY PLACE WITHIN THE REACHOR EASY ACCESS OF A MINOR UNDER 18YEARS OF AGE OR TO KNOWINGLY SELLOR OTHERWISE TRANSFER OWNERSHIPOR POSSESSION OF A FIREARM TO A

MINOR OR A PERSON OF UNSOUND MIND."(3)Any person or business knowingly violat-

ing a requirement to provide warning under thissection commits a misdemeanor of the seconddegree, punishable as provided in s. 775.082 ors. 775.083.

790.18. Sale or transfer of arms to minorsby dealersIt is unlawful for any dealer in arms to sell ortransfer to a minor any firearm, pistol, Springfieldrifle or other repeating rifle, bowie knife or dirkknife, brass knuckles, slungshot, or electricweapon or device. A person who violates thissection commits a felony of the second degree,punishable as provided in s. 775.082, s.775.083, or s. 775.084.

790.22. Use of BB guns, air or gas-oper-ated guns, or electric weapons or devices byminor under 16; limitation; possession offirearms by minor under 18 prohibited;penalties

(2) Any adult responsible for the welfare ofany child under the age of 16 years who know-ingly permits such child to use or have in his orher possession any BB gun, air or gas-operatedgun, electric weapon or device, or firearm in vio-lation of the provisions of subsection (1) of thissection commits a misdemeanor of the seconddegree, punishable as provided in s. 775.082 ors. 775.083.

(3) A minor under 18 years of age may notpossess a firearm, other than an unloaded fire-arm at his or her home, unless:

(a)The minor is engaged in a lawful huntingactivity and is:

1.At least 16 years of age; or2.Under 16 years of age and supervised by

an adult.(b)The minor is engaged in a lawful marks-

manship competition or practice or other lawfulrecreational shooting activity and is:

(1)At least 16 years of age; or(2) Under 16 years of age and supervised by

an adult who is acting with the consent of theminor's parent or guardian.

(c) The firearm is unloaded and is beingtransported by the minor directly to or from anevent authorized in paragraph (a) or paragraph(b).

(4)(a) Any parent or guardian of a minor, orother adult responsible for the welfare of a mi-nor, who knowingly and willfully permits the mi-nor to possess a firearm in violation of subsec-tion (3) commits a felony of the third degree,punishable as provided in s. 775.082, s.775.083, or s. 775.084.

(5)(a) A minor who violates subsection (3)commits a misdemeanor of the first degree; for afirst offense, may serve a period of detention ofup to 3 days in a secure detention facility; and,in addition to any other penalty provided by law,

shall be required to perform 100 hours of com-munity service; and:(6)Any firearm that is possessed or used by a

minor in violation of this section shall be prompt-ly seized by a law enforcement officer and dis-posed of in accordance with s. 790.08(1)-(6).

(7) The provisions of this section are sup-plemental to all other provisions of law relatingto the possession, use, or exhibition of afirearm.

790.221. Possession o f short-barreled rifl e,short-barreled shotgun, or machine gun;penalty

(1) It is unlawful for any person to own or tohave in his or her care, custody, possession, orcontrol any short-barreled rifle, short-barreledshotgun, or machine gun which is, or may read-

ily be made, operable; but this section shall notapply to antique firearms.

(2) A person who violates this section com-mits a felony of the second degree, punishableas provided in s. 775.082, s. 775.083, or s.775.084.

(3)Firearms in violation hereof which are law-fully owned and possessed under provisions offederal law are excepted.

790.23. Felons and delinquents; posses-sion of firearms, ammunition, or electricweapons or devices unlawful

(1) It is unlawful for any person to own or tohave in his or her care, custody, possession, orcontrol any firearm, ammunition, or electricweapon or device, or to carry a concealed weap-

on, including a tear gas gun or chemical weaponor device, if that person has been:(a)Convicted of a felony in the courts of this

state;(b)Found, in the courts of this state, to have

committed a delinquent act that would be afelony if committed by an adult and such personis under 24 years of age;

(c)Convicted of or found to have committed acrime against the United States which is desig-nated as a felony;

(d)Found to have committed a delinquent actin another state, territory, or country that wouldbe a felony if committed by an adult and whichwas punishable by imprisonment for a termexceeding 1 year and such person is under 24years of age; or

(e)Found guilty of an offense that is a felonyin another state, territory, or country and whichwas punishable by imprisonment for a term ex-ceeding 1 year.

(2) This section shall not apply to a personconvicted of a felony whose civil rights and fire-arm authority have been restored.

(3) Except as otherwise provided insubsection(4), any person who violates thissection commits a felony of the second degree,punishable as provided in s. 775.082, s.775.083, or s. 775.084.

(4) Notwithstanding the provisions of S.874.04, if the offense described in subsection (1)has been committed by a person who haspreviously qualified or currently qualifies for the

penalty enhancements provided for in S. 874.04the offense is a felony of the first degreepunishable by a term of years not exceeding lifeor as provided in S. 775.082, S. 775.083, or S775.084.

790.233. Possession of fi rearm or ammunition prohibited when person is subject to aninjunction against committing acts of domestic violence; penalties

(1)A person may not have in his or her carecustody, possession, or control any firearm oammunition if the person has been issued a fina

injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, and that has been issued undes. 741.30.

(2)A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) It is the intent of the Legislature that thedisabilities regarding possession of firearms andammunition are consistent with federal law. Accordingly, this section shall not apply to a stateor local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer'semploying agency, unless otherwise prohibitedby the employing agency.

790.235. Possession of fi rearm or ammunition by violent career criminal unlawfulpenalty

(1)Any person who meets the violent careecriminal criteria under s. 775.084(1)(d), regardless of whether such person is or has previouslybeen sentenced as a violent career criminalwho owns or has in his or her care, custodypossession, or control any firearm, ammunitionor electric weapon or device, or carries a concealed weapon, including a tear gas gun ochemical weapon or device, commits a felony othe first degree, punishable as provided in s775.082, s. 775.083, or s. 775.084. A personconvicted of a violation of this section shall besentenced to a mandatory minimum of 15 years

imprisonment; however, if the person would besentenced to a longer term of imprisonment under s. 775.084 (4)(d), the person must be sentenced under that provision. A person convictedof a violation of this section is not eligible for anyform of discretionary early release, other thanpardon, executive clemency, or conditional medical release under s. 947.149.

(2)For purposes of this section, the previousfelony convictions necessary to meet the violencareer criminal criteria under s. 775.084(1)(dmay be convictions for felonies committed as anadult or adjudications of delinquency for feloniescommitted as a juvenile. In order to be countedas a prior felony for purposes of this section, thefelony must have resulted in a conviction sentenced separately, or an adjudication of delin

quency entered separately, prior to the currenoffense, and sentenced or adjudicated separately from any other felony that is to be countedas a prior felony.

(3) This section shall not apply to a personwhose civil rights and firearm authority havebeen restored.

790.25. Lawful ownership, possession, anduse of firearms and other weapons

(1) Declaration of Policy. The Legislaturefinds as a matter of public policy and fact that iis necessary to promote firearms safety and tocurb and prevent the use of firearms and otheweapons in crime and by incompetent personswithout prohibiting the lawful use in defense olife, home, and property, and the use by United

8/11/2019 atf-p-5300-5-florida-2010

6/12

Page 134

States or state military organizations, and asotherwise now authorized by law, including theright to use and own firearms for target practiceand marksmanship on target practice ranges orother lawful places, and lawful hunting and otherlawful purposes.

(2) Uses Not Authorized.--(a) This section does not authorize carrying a

concealed weapon without a permit, as pro-hibited by ss. 790.01 and 790.02.

(b)The protections of this section do not ap-ply to the following:

1.A person who has been adjudged mentallyincompetent, who is addicted to the use of nar-cotics or any similar drug, or who is a habitual orchronic alcoholic, or a person using weapons orfirearms in violation of ss. 790.07-790.115,790.145-790.19, 790.22-790.24;

2.Vagrants and other undesirable persons asdefined in s. 856.02 [Publisher's Note: s.856.02 was repealed by s. 3, ch. 72-133];

3.A person in or about a place of nuisance asdefined in s. 823.05, unless such person is therefor law enforcement or some other lawful pur-pose.

(3) Lawful Uses. The provisions of ss.790.053 and 790.06 do not apply in the followinginstances, and, despite such sections, it is lawfulfor the following persons to own, possess, and

lawfully use firearms and other weapons, ammu-nition, and supplies for lawful purposes:

(a) Members of the Militia, National Guard,Florida State Defense Force, Army, Navy, AirForce, Marine Corps, Coast Guard, organizedreserves, and other armed forces of the stateand of the United States, when on duty, whentraining or preparing themselves for militaryduty, or while subject to recall or mobilization;

(b)Citizens of this state subject to duty in theArmed Forces under s. 2, Art. X of the StateConstitution, under chapters 250 and 251, andunder federal laws, when on duty or when train-ing or preparing themselves for military duty;

(c)Persons carrying out or training for emer-gency management duties under chapter 252;

(d)Sheriffs, marshals, prison or jail wardens,police officers, Florida highway patrol officers,game wardens, revenue officers, forest officials,special officers appointed under the provisionsof chapter 354, and other peace and law en-forcement officers and their deputies and assist-ants and full-time paid peace officers of otherstates and of the Federal Government who arecarrying out official duties while in this state;

(e) Officers or employees of the state orUnited States duly authorized to carry a con-cealed weapon;

(f) Guards or messengers of common car-riers, express companies, armored car carriers,mail carriers, banks, and other financial institu-tions, while actually employed in and about theshipment, transportation, or delivery of any

money, treasure, bullion, bonds, or other thing ofvalue within this state;

(g)Regularly enrolled members of any organ-ization duly authorized to purchase or receiveweapons from the United States or from thisstate, or regularly enrolled members of clubsorganized for target, skeet, or trap shooting,while at or going to or from shooting practice; orregularly enrolled members of clubs organizedfor modern or antique firearms collecting, whilesuch members are at or going to or from theircollectors' gun shows, conventions, or exhibits;

(h)A person engaged in fishing, camping, orlawful hunting or going to or returning from afishing, camping, or lawful hunting expedition;

(i)A person engaged in the business of man-ufacturing, repairing, or dealing in firearms, orthe agent or representative of any such personwhile engaged in the lawful course of suchbusiness;

(j)A person firing weapons for testing or tar-get practice under safe conditions and in a safeplace not prohibited by law or going to or fromsuch place;

(k)A person firing weapons in a safe and se-cure indoor range for testing and target practice;

(l)A person traveling by private conveyance

when the weapon is securely encased or in apublic conveyance when the weapon is securelyencased and not in the person's manualpossession;

(m) A person while carrying a pistol unloadedand in a secure wrapper, concealed or other-wise, from the place of purchase to his or herhome or place of business or to a place of repairor back to his or her home or place of business;

(n) A person possessing arms at his or herhome or place of business;

(o) Investigators employed by the severalpublic defenders of the state, while actually car-rying out official duties, provided such investigat-ors:

1.Are employed full time;2.Meet the official training standards for fire-

arms established by the Criminal Justice Stan-dards and Training Commission as provided ins. 943.12(5) and the requirements of ss.493.6108(1)(a) and 943.13(1)-(4); and

3. Are individually designated by an affidavitof consent signed by the employing public de-fender and filed with the clerk of the circuit courtin the county in which the employing public de-fender resides.

(p)Investigators employed by the capital col-lateral regional counsel, while actually carryingout official duties, provided such investigators:

1.Are employed full time;2.Meet the official training standards for fire-

arms as established by the Criminal JusticeStandards and Training Commission as pro-

vided in s. 943.12(1) and the requirements of ss.493.6108(1)(a) and 943.13(1)-(4); and3. Are individually designated by an affidavit

of consent signed by the capital collateralregional counsel and filed with the clerk of thecircuit court in the county in which theinvestigator is headquartered.

(5) Possession in private conveyanceNotwithstanding subsection (2), it is lawful and isnot a violation of s. 790.01 for a person 18 yearsof age or older to possess a concealed firearmor other weapon for self-defense or other lawfulpurpose within the interior of a privateconveyance, without a license, if the firearm orother weapon is securely encased or is other-wise not readily accessible for immediate use.Nothing herein contained prohibits the carrying

of a legal firearm other than a handgun any-where in a private conveyance when such fire-arm is being carried for a lawful use. Nothingherein contained shall be construed to authorizethe carrying of a concealed firearm or otherweapon on the person. This subsection shall beliberally construed in favor of the lawful use,ownership, and possession of firearms and otherweapons, including lawful self-defense as pro-vided in s. 776.012.

790.27. Alteration or removal of firearmserial number or possession, sale, or deliv-ery of firearm with serial number altered orremoved prohibited; penalties

(1)(a) It is unlawful for any person to know-ingly alter or remove the manufacturer's or im-

porter's serial number from a firearm with intento disguise the true identity thereof.

(b)Any person violating paragraph (a) is guilty of a felony of the third degree, punishable asprovided in s. 775.082, s. 775.083, or s775.084.

(2)(a) It is unlawful for any person to knowingly sell, deliver, or possess any firearm onwhich the manufacturer's or importer's serianumber has been unlawfully altered or removed.

(b)Any person violating paragraph (a) is guilty of a misdemeanor of the first degree, punish

able as provided in s. 775.082 or s. 775.083.(3)This section shall not apply to antique firearms.

790.28. Purchase of rifles and shotguns incontiguous states A resident of this state maypurchase a rifle or shotgun in any state contiguous to this state if he or she conforms to applicable laws and regulations of the United Statesof the state where the purchase is made, and ofthis state.

790.31. Armor-piercing or exploding ammunition or dragon's breath shotgun shellsbolo shells, or flechette shells prohibited

(1)As used in this section, the term:(a) "Armor-piercing bullet" means any bulle

which has a steel inner core or core of equiva-lent hardness and a truncated cone and which is

designed for use in a handgun as an armor-piercing or metal-piercing bullet.

(b) "Exploding bullet" means any bullet thacan be fired from any firearm, if such bullet isdesigned or altered so as to detonate or forciblybreak up through the use of an explosive or de-flagrant contained wholly or partially within or at-tached to such bullet. The term does not includeany bullet designed to expand or break upthrough the mechanical forces of impact aloneor any signaling device or pest control devicenot designed to impact on any target.

(c) "Handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver.

(d) "Dragon's breath shotgun shell" means

any shotgun shell that contains exothermic pyrophoric misch metal as the projectile and that isdesigned for the sole purpose of throwing ospewing a flame or fireball to simulate a flamethrower.

(e) "Bolo shell" means any shell that can befired in a firearm and that expels as projectilestwo or more metal balls connected by solidmetal wire.

(f) "Flechette shell" means any shell that canbe fired in a firearm and that expels two or morepieces of fin-stabilized solid metal wire or two omore solid dart-type projectiles.

(2)(b)Any person who possesses an armorpiercing bullet or exploding bullet with knowledge of its armor-piercing or exploding capabilities loaded in a handgun, or who possesses a

dragon's breath shotgun shell, bolo shell, oflechette shell with knowledge of its capabilitiesloaded in a firearm, is guilty of a felony of thethird degree, punishable as provided in s775.082, s. 775.083, or s. 775.084.

(3)This section does not apply to:(a) The possession of any item described in

subsection (1) by any law enforcement officerwhen possessed in connection with the performance of his or her duty as a law enforcemenofficer, or law enforcement agency.

(b) The manufacture of items described insubsection (1) exclusively for sale or delivery tolaw enforcement agencies.

(c)The sale or delivery of items described insubsection (1) to law enforcement agencies.

8/11/2019 atf-p-5300-5-florida-2010

7/12

Page 135

790.33. Field of regulation of firearms andammunition preempted

(1) PREEMPTION. --Except as expresslyprovided by general law, the Legislature herebydeclares that it is occupying the whole field ofregulation of firearms and ammunition, includingthe purchase, sale, transfer, taxation,manufacture, ownership, possession, andtransportation thereof, to the exclusion of allexisting and future county, city, town, ormunicipal ordinances or regulations relatingthereto. Any such existing ordinances are

hereby declared null and void. This subsectionshall not affect zoning ordinances whichencompass firearms businesses along withother businesses. Zoning ordinances which aredesigned for the purpose of restricting orprohibiting the sale, purchase, transfer, ormanufacture of firearms or ammunition as amethod of regulating firearms or ammunition arein conflict with this subsection and areprohibited.

(2) LIMITED EXCEPTION; COUNTYWAITING-PERIOD ORDINANCES.

(a)Any county may have the option to adopt awaiting-period ordinance requiring a waitingperiod of up to, but not to exceed, 3 workingdays between the purchase and delivery of ahandgun. For purposes of this subsection,

"purchase" means payment of deposit, paymentin full, or notification of intent to purchase.Adoption of a waiting-period ordinance, by anycounty, shall require a majority vote of thecounty commission on votes on waiting-periodordinances. This exception is limited solely toindividual counties and is limited to theprovisions and restrictions contained in thissubsection.

(b)Ordinances authorized by this subsectionshall apply to all sales of handguns to individualsby a retail establishment except those sales toindividuals exempted in this subsection. Forpurposes of this subsection, "retailestablishment" means a gun shop, sportinggoods store, pawn shop, hardware store,

department store, discount store, bait or tackleshop, or any other store or shop that offershandguns for walk-in retail sale but does notinclude gun collectors shows or exhibits, or gunshows.

(c)Ordinances authorized by this subsectionshall not require any reporting or notification toany source outside the retail establishment, butrecords of handgun sales must be available forinspection, during normal business hours, byany law enforcement agency as defined in s.934.02.

(d) The following shall be exempt from anywaiting period:

1. Individuals who are licensed to carryconcealed firearms under the provisions of s.790.06 or who are licensed to carry concealed

firearms under any other provision of state lawand who show a valid license;

2. Individuals who already lawfully ownanother firearm and who show a sales receiptfor another firearm; who are known to ownanother firearm through a prior purchase fromthe retail establishment; or who have anotherfirearm for trade-in;

3. A law enforcement or correctional officer asdefined in s. 943.10;

4. A law enforcement agency as defined in s.934.02;

5. Sales or transactions between dealers orbetween distributors or between dealers anddistributors who have current federal firearmslicenses; or

6.Any individual who has been threatened orwhose family has been threatened with death orbodily injury, provided the individual may lawfullypossess a firearm and provided such threat hasbeen duly reported to local law enforcement.

(3) POLICY AND INTENT.(a) It is the intent of this section to provide

uniform firearms laws in the state; to declare allordinances and regulations null and void whichhave been enacted by any jurisdictions otherthan state and federal, which regulate firearms,ammunition, or components thereof; to prohibit

the enactment of any future ordinances orregulations relating to firearms, ammunition, orcomponents thereof unless specificallyauthorized by this section or general law; and torequire local jurisdictions to enforce statefirearms laws.

(b) As created by chapter 87-23, Laws ofFlorida, this section shall be known and may becited as the "Joe Carlucci Uniform FirearmsAct."

790.335. Prohibition of registration of fire-arms; electronic records

(1) Legislative Findings and Intent.(2) Prohibitions. No state governmental

agency or local government, special district, orother political subdivision or official, agent, oremployee of such state or other governmental

entity or any other person, public or private, shallknowingly and willfully keep or cause to be keptany list, record, or registry of privately ownedfirearms or any list, record, or registry of theowners of those firearms.

(3) Exceptions. The provisions of this sec-tion shall not apply to:

(a) Records of firearms that have been usedin committing any crime.

(b) Records relating to any person who hasbeen convicted of a crime.

(c) Records of firearms that have been re-ported stolen that are retained for a period not inexcess of 10 days after such firearms are recov-ered. Official documentation recording the theftof a recovered weapon may be maintained no

longer than the balance of the year entered, plus2 years.(d) Firearm records that must be retained by

firearm dealers under federal law, including cop-ies of such records transmitted to law enforce-ment agencies. However, no state governmentalagency or local government, special district, orother political subdivision or official, agent, oremployee of such state or other governmentalentity or any other person, private or public, shallaccumulate, compile, computerize, or otherwisecollect or convert such written records into anyform of list, registry, or database for any pur-pose.

(e)1. Records kept pursuant to the record-keeping provisions of s. 790.065; however, no-thing in this section shall be construed to author-

ize the public release or inspection of recordsthat are made confidential and exempt from theprovisions of s. 119.07(1) by s. 790.065(4)(a).

(2) Nothing in this paragraph shall be con-strued to allow the maintaining of records con-taining the names of purchasers or transfereeswho receive unique approval numbers or themaintaining of records of firearm transactions.

(f) Firearm records, including paper pawntransaction forms and contracts on firearm trans-actions, required by chapters 538 and 539.

(1) Electronic firearm records held pursuant tochapter 538 may only be kept by a secondhanddealer for 30 days after the date of the purchaseof the firearm by the secondhand dealer.

(2) Electronic firearm records held pursuant tochapter 539 may only be kept by a pawnbrokefor 30 days after the expiration of the loan that issecured by a firearm or 30 days after the date opurchase of a firearm, whichever is applicable.

(3) Except as required by federal law, any firearm records kept pursuant to chapter 538 ochapter 539 shall not, at any time, be electronically transferred to any public or private entityagency, business, or enterprise, nor shall anysuch records be copied or transferred for purposes of accumulation of such records into lists

registries, or databases.(4) Notwithstanding subparagraph 3., secondhand dealers and pawnbrokers may electronically submit firearm transaction records to the ap-propriate law enforcementagencies as requiredby chapters 538 and 539; however, the law enforcement agencies may not electronically submit such records to any other person or entityand must destroy such records within 60 daysafter receipt of such records.

(5) Notwithstanding subparagraph 3., secondhand dealers and pawnbrokers may electronically submit limited firearms records consistingsolely of the manufacturer, model, serial number, and caliber of pawned or purchased firearms to a third-party private provider that is ex-clusively incorporated, exclusively owned, and

exclusively operated in the United States andthat restricts access to such information to onlyappropriate law enforcement agencies for legitimate law enforcement purposes. Such recordsmust be destroyed within 30 days by the thirdparty provider. As a condition of receipt of suchrecords, the third-party provider must agree inwriting to comply with the requirements of thissection. Any pawnbroker or secondhand dealewho contracts with a third-party provider othethan as provided in this act or electronicallytransmits any records of firearms transactions toany third-party provider other than the recordsspecifically allowed by this paragraph commits afelony of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(g) Records kept by the Department of LawEnforcement of NCIC transactions to the extenrequired by federal law and a log of dates of re-quests for criminal history record checks, uniqueapproval and nonapproval numbers, licenseidentification numbers, and transaction numberscorresponding to such dates.

(h) Records of an insurer that, as a conditionto providing insurance against theft or loss of afirearm, identify such firearm. Such records maynot be sold, commingled with records relating toother firearms, or transferred to any other person or entity. The insurer may not keep a recordof such firearm more than 60 days after the poli-cy of insurance expires or after notification bythe insured that the insured is no longer theowner of such firearm.

(i) Lists of customers of a firearm dealer retained by such dealer, provided that such listsdo not disclose the particular firearms purchased. Such lists, or any parts thereof, may nobe sold, commingled with records relating to other firearms, or transferred to any other person orentity.

(j) Sales receipts retained by the seller of firearms or by a person providing credit for suchpurchase, provided that such receipts shall noserve as or be used for the creation of a data-base for registration of firearms.

(k) Personal records of firearms maintainedby the owner of such firearms.

8/11/2019 atf-p-5300-5-florida-2010

8/12

Page 136

(l) Records maintained by a business thatstores or acts as the selling agent of firearms onbehalf of the lawful owner of the firearms.

(m) Membership lists of organizations com-prised of firearm owners.

(n) Records maintained by an employer orcontracting entity of the firearms owned by its of-ficers, employees, or agents, if such firearms areused in the course of business performed on be-half of the employer.

(o) Records maintained pursuant to s. 790.06by the Department of Agriculture and Consumer

Services of a person who was a licensee withinthe prior 2 years.(p) Records of firearms involved in criminal in-

vestigations, criminal prosecutions, criminal ap-peals, and postconviction motions, civil proceed-ings relating to the surrender or seizure of fire-arms including protective injunctions, Baker Actcommitments, and sheriff's levies pursuant tocourt judgments, and voluntary surrender by theowner or custodian of the firearm.

(q) Paper documents relating to firearms in-volved in criminal cases, criminal investigations,and criminal prosecutions, civil proceedings re-lating to the surrender or seizure of firearms in-cluding protective injunctions, Baker Act commit-ments, and sheriff's levies pursuant to courtjudgments, and voluntary surrender by the own-

er or custodian of the firearm.(r)Noncriminal records relating to the receipt,

storage or return of firearms, including, but notlimited to, records relating to firearms im-pounded for storage or safekeeping, receiptsproving that a firearm was returned to the rightfulowner and supporting records of identificationand proof of ownership, or records relating tofirearms impounded pursuant to levies or courtorders, provided, however, that such recordsshall not be compiled, sorted, or otherwise ar-ranged into any lists, indexes, or registries offirearms or firearms owners.

(4) Penalti es.(a) Any person who, or entity that, violates a

provision of this section commits a felony of the

third degree, punishable as provided in s.775.082 or s. 775.083.(b)Except as required by the provisions of s.

16, Art. I of the State Constitution or the SixthAmendment to the United States Constitution,no public funds shall be used to defend the un-lawful conduct of any person charged with a vio-lation of this section, unless the charges againstsuch person are dismissed or such person is de-termined to be not guilty at trial. Notwithstandingthis paragraph, public funds may be expendedto provide the services of the office of public de-fender or court-appointed conflict counsel asprovided by law.

(c) The governmental entity, or the designeeof such governmental entity, in whose service oremploy a list, record, or registry was compiled in

violation of this section may be assessed a fineof not more than $5 million, if the court deter-mines that the evidence shows that the list, rec-ord, or registry was compiled or maintained withthe knowledge or complicity of the managementof the governmental entity. The Attorney Gen-eral may bring a civil cause of action to enforcethe fines assessed under this paragraph.

(d) The state attorney in the appropriate juris-diction shall investigate complaints of criminal vi-olations of this section and, where evidence indi-cates a violation may have occurred, shall pros-ecute violators.

(5) Electronic Records. Secondhand dealersand pawnbrokers who electronically submitfirearms transaction records to the appropriate

law enforcement agencies as required byChapters 538 and 539 shall submit the name ofthe manufacturer and caliber information of eachfirearm in Florida Crime Information Centercoding, and shall include the model and serialnumber of each firearm.

(6) Construction. This section shall beconstrued to effectuate its remedial and deter-rent purposes. This section may not be con-strued to grant any substantive, proceduralprivacy right or civil claim to any criminal defen-dant, and a violation of this section may not be

grounds for the suppression of evidence in anycriminal case.

[Current through Chapter 271 (End) of theSpecial B Sessions of the Twenty-FirstLegislature]

Code of Broward County

Chapter 18. Law Enforcement

Art ic le VI. Firearms, Five-Day Wait ing Period

18-96. Waiting period; prohibition. Thereshall be a mandatory five-day waiting period,which shall be five days, excluding weekendsand legal holidays, in connection with the sale offirearms occurring within Broward County whenthe sale is a transfer of money or other valuableconsideration, and any part of the sale transact-tion is conducted on property to which the publichas the right of access. Some examples of prop-erties to which the public has a right of accessare: gun shows, firearm exhibits, wholesale andretail stores, and flea markets. No person shalltransfer or receive a firearm to or from anotherperson for five days from the hour of such sale,excluding weekends and legal holidays, whenthe sale is a transfer of money or other valuableconsideration, and any part of the sale transact-tion is conducted on property to which the publichas the right of access. An uninterrupted, contin-

uous, and cumulative aggregate of 120 hoursmust elapse between such sale and receipt ofthe firearm, excluding the hours of weekendsand legal holidays. A person who violates theprohibition of this Section is guilty of a violationof a county ordinance, punishable as provided in 125.69, F.S. and the violation shall be prose-cuted in the same manner as misdemeanors areprosecuted.

18-97. Criminal history records check; re-quirement; prohibition.

(a) Legislative intent.

It is the intent of theBoard of County Commissioners, in the exerciseof its constitutionally-granted authority, to ensurethat no firearm is sold, offered for sale, or trans-ferred where any part of the transaction is con-ducted on property to which the public has a

right of access unless a national criminal historybackground check is conducted. As of the datesof the enactment and effectiveness of this Ordi-nance, Florida statutory law only allows suchchecks to be performed for and by licenseddealers, licensed importers, and licensed manu-facturers. Therefore, a buyer or seller who is nototherwise a licensed dealer, licensed importer,or licensed manufacturer must use a licenseddealer, licensed importer, or licensed manufac-turer as an intermediary to ensure such checksare conducted.

(b) Requirement; prohibition.There shall bea mandatory national criminal history recordscheck done in connection with the sale of fire-arms occurring within Broward County. No per-

son shall transfer or receive a firearm when anypart of the sale transaction is conducted onproperty to which the public has the right of access until all procedures and requirements of 790.065, F.S. have been complied with by a person statutorily authorized to conduct backgroundinformation checks, and an approval numbehas been obtained and documented, as provided by 790.065, F.S. In case of repeal oamendment of 790.065, F.S., no person shaltransfer or receive a firearm by sale when anypart of the sale transaction is conducted on

property to which the public has the right of access until all procedures, requirements, and prohibitions set forth in other federal or state lawsrelating to background checks have been complied with by persons selling or buying firearmsA person who violates the prohibition of thisSection is guilty of a violation of a county ordinance, punishable as provided in 125.69, F.Sand the violation shall be prosecuted in thesame manner as misdemeanors are prosecuted

18-98. Non-applicability to holders of Florida concealed weapon permits. Pursuant to theFlorida Constitution, when purchasing a firearmholders of a Florida concealed weapon permit olicense, as prescribed by general law, shall nobe subject to the prohibitions and penalties othis article.

18-99. Penalty. Violation of a prohibition othis article shall be punishable by a fine not toexceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fineand imprisonment. Each violation of a prohibitionof this article relating to a specific firearm shalconstitute a separate and individual violationNothing contained herein shall be construed topreempt the imposition of higher penalties imposed by state or federal law.

[Broward County Code current throughOrdinance No. 2009-67, enacted Oct. 182009]

Code of Martin County

Chapter 75. Firearms

75.1. Short title.This chapter shall be knownand may be cited as the "Martin County CoolingOff Period Ordinance."

75.2. Definitions. As used in this chapterunless the context otherwise indicates:

Purchase means the payment of a depositpayment in full, or notification of intent topurchase.

Retail establishment means gun shopsporting goods store, pawnshop, hardwarestore, department store, discount store, bait otackle shop, or any other store that offershandguns for walk-in retail sale, but does no

include gun collector shows or exhibits, or gunshows.

Working day means any day, excludingSaturday, Sunday and legal holidays as definedin F.S. ch. 683.

75.3. Cooling-off period between purchaseand delivery of handguns. A waiting period othree working days, measured from the time opurchase of a handgun, must expire beforedelivery of the handgun is made to an individuaby a retail establishment selling said handgunThis section shall apply to all sales of handgunsto individuals by a retail establishment except asspecifically exempted herein.

75.4. Exemptions. The provisions of thissection [chapter] shall not apply to:

8/11/2019 atf-p-5300-5-florida-2010

9/12

Page 137

A. Individuals who are licensed to carryconcealed firearms under the provisions of F.S. 790.06, who are licensed to carry concealedfirearms under any other provision of State lawand who show a valid license.

B. Individuals who already lawfully ownanother firearm and who show a sales receiptfor another firearm, who are known to ownanother firearm through a prior purchase fromthe retail establishment, or who have anotherfirearm for trade-in.

C.Any law enforcement or correctional officer

as defined in F.S. 943.10.D.Any law enforcement agency as defined inF.S. 934.02.

E. Sales or transactions between dealers orbetween distributors or between dealers anddistributors who have current federal firearmslicenses.

F.Any individual who has been threatened orwhose family has been threatened with death orbodily injury, provided the individual may lawfullypossess a firearm and provided such threat hasbeen duly reported to local law enforcement.

75.5. Inspection of records. Records ofhandgun sales by retail establishments shall beavailable for inspection, during normal businesshours, by any law enforcement agency asdefined in F.S. 934.02.

[Code of Martin County current throughOrdinance No. 829, enacted Sep. 15, 2009]

Code of Miami- Dade County

Chapter 21. Offenses and MiscellaneousProvisions

Art ic le III. Weapons

Division 1. In General

21-16. Sale, loan, etc., weapons to intoxi-cated persons, etc. It shall be unlawful for any

person to sell, loan or furnish any firearm as de-fined in Section 21-20.1(a) to any person whomhe knows or has reasonable cause to believe isunder the influence of alcohol or any narcotic,drug, stimulant, or depressant, or who is of un-sound mind, or who is a member of any subver-sive organization. In addition to all other penal-ties, such unlawful sale, loan or furnishing shallbe grounds for revocation of any license issuedby the County to such person.

21-17. Possession of weapons by felons,intoxicated persons, etc. It shall be unlawfulfor any person who has been convicted of a felo-ny, or who is under the influence of alcohol or anarcotic or drug to wear or have about his per-son or in any vehicle in which he is an occupantany firearm or other dangerous or deadly weap-

on.21-19.1. Sale of Saturday night specials in

Miami-Dade County prohibited. It shall be un-lawful for any person to sell or