THE BILL ITSELF
HB 159
Storage of Handguns in Private Conveyances and Vessels
1
A bill to be entitled
2
An act relating to storage of handguns in private
3
conveyances and vessels; amending s. 790.25, F.S.;
4
providing requirements for storage of handguns in
5
private conveyances and vessels; providing
6
definitions; requiring law enforcement agencies to
7
engage in a specified promotional campaign; requiring
8
certain firearms education, safety, and training
9
courses to include instruction on the requirements for
10
storage of handguns in private conveyances and
11
vessels; amending s. 790.175, F.S.; revising required
12
warnings for transfer or sale of firearms; providing
13
penalties; providing a declaration of important state
14
interest; providing effective dates.
16
WHEREAS, on average, at least one gun is stolen from a car
17
every nine minutes in the United States, and
18
WHEREAS, the rate of gun thefts from cars has tripled in
19
the last decade, showing both consistent increases nearly every
20
year and a marked spike during the COVID-19 pandemic, and
21
WHEREAS, a decade ago, roughly a quarter of gun thefts were
22
from cars, but in 2022, over half of gun thefts were from cars,
23
and
24
WHEREAS, guns are most commonly stolen from cars parked at
25
residences, demonstrating the importance of securely storing
26
guns at all times and locations, and
27
WHEREAS, cities in states with the weakest gun safety laws
28
see nearly 18 times the rate of gun thefts from cars as those in
29
states with the strongest gun laws, and
30
WHEREAS, the Legislature finds that it is the
31
responsibility of parents to supervise their children under 18
32
years of age, NOW, THEREFORE,
34
Be It Enacted by the Legislature of the State of Florida:
36
Section 1. Effective October 1, 2026, subsection (4) of
37
section 790.25, Florida Statutes, is amended to read:
38
790.25 Lawful ownership, possession, and use of firearms
39
and other weapons.—
40
(4) POSSESSION IN PRIVATE CONVEYANCE.—
41
(a)1. Except as provided in subparagraph 2. and
42
notwithstanding s. 790.01, a person 18 years of age or older who
43
is in lawful possession of a handgun or other weapon may possess
44
such a handgun or weapon within the interior of a private
45
conveyance if the handgun or weapon is securely encased or
46
otherwise not readily accessible for immediate use. A person who
47
possesses a handgun or other weapon as authorized under this
48
subparagraph paragraph may not carry the handgun or weapon on
49
his or her person.
50
2.a. A person may not store a handgun, whether loaded or
51
unloaded, in an unoccupied, unsecured private conveyance or
52
vessel unless the handgun is kept from ordinary observation and
53
view and secured with a device or mechanism that is securely
54
affixed to the private conveyance or vessel or kept locked
55
within a trunk, utility or glove box, or other locked container.
56
b. For purposes of this subparagraph, the term:
57
(I) "Private conveyance" includes any motor vehicle as
58
defined in s. 790.251(2)(b) other than a public conveyance.
59
(II) "Unsecured" means unlocked or otherwise left open to
60
entry.
61
(III) "Vessel" has the same meaning as in s. 327.02.
62
c. Each law enforcement agency shall engage in a
63
promotional campaign to educate the public and handgun owners
64
regarding the requirements of sub-subparagraph a.
65
d. The curricula of the firearms education, safety, and
66
training courses specified in s. 790.06(2)(h)1.-4. and 7. shall
67
contain instruction on the requirements of sub-subparagraph a.
68
Section 2. Subsections (1) and (2) of section 790.175,
69
Florida Statutes, are amended to read:
70
790.175 Transfer or sale of firearms; required warnings;
71
penalties.—
72
(1) Upon the retail commercial sale or retail transfer of
73
any firearm, the seller or transferor shall deliver a written
74
warning to the purchaser or transferee, which warning states, in
75
block letters not less than 1/4 inch in height:
76
"IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR
77
ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE
78
REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
79
KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF
80
A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND. A PERSON MAY
81
NOT STORE A HANDGUN, WHETHER LOADED OR UNLOADED, IN AN
82
UNOCCUPIED, UNSECURED PRIVATE CONVEYANCE OR VESSEL UNLESS THE
83
HANDGUN IS KEPT FROM ORDINARY OBSERVATION AND VIEW AND SECURED
84
WITH A DEVICE OR MECHANISM THAT IS SECURELY AFFIXED TO THE
85
PRIVATE CONVEYANCE OR VESSEL OR KEPT LOCKED WITHIN A TRUNK,
86
UTILITY OR GLOVE BOX, OR OTHER LOCKED CONTAINER."
87
(2) Any retail or wholesale store, shop, or sales outlet
88
which sells firearms must conspicuously post at each purchase
89
counter the following warning in block letters not less than 1
90
inch in height:
91
"IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN
92
THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
93
KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF
94
A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND. A PERSON MAY
95
NOT STORE A HANDGUN, WHETHER LOADED OR UNLOADED, IN AN
96
UNOCCUPIED, UNSECURED PRIVATE CONVEYANCE OR VESSEL UNLESS THE
97
HANDGUN IS KEPT FROM ORDINARY OBSERVATION AND VIEW AND SECURED
98
WITH A DEVICE OR MECHANISM THAT IS SECURELY AFFIXED TO THE
99
PRIVATE CONVEYANCE OR VESSEL OR KEPT LOCKED WITHIN A TRUNK,
100
UTILITY OR GLOVE BOX, OR OTHER LOCKED CONTAINER."
101
Section 3. It is the intent of the Legislature to provide
102
for the most efficient and effective deterrent to juvenile theft
103
of handguns from vessels and conveyances, tailored to local
104
conditions and resources. Therefore, the Legislature determines
105
and declares that this act fulfills an important state interest.
106
Section 4. Except as otherwise expressly provided in this
107
act, this act shall take effect upon becoming a law.