THE BILL ITSELF
HB 321
Carrying Weapons and Firearms
1
A bill to be entitled
2
An act relating to carrying weapons and firearms;
3
creating s. 790.0135, F.S.; prohibiting a person from
4
carrying a weapon or firearm into certain locations;
5
providing construction; providing a criminal penalty;
6
amending ss. 790.013 and 790.06, F.S.; conforming
7
provisions to changes made by the act; providing an
8
effective date.
10
Be It Enacted by the Legislature of the State of Florida:
12
Section 1. Section 790.0135, Florida Statutes, is created
13
to read:
14
790.0135 Carrying a weapon or firearm; prohibited
15
locations.—
16
(1) Unless otherwise authorized by law, a person may not
17
carry a weapon or firearm into:
18
(a) A place of nuisance as defined in s. 823.05;
19
(b) A police, sheriff, or highway patrol station;
20
(c) A detention facility, prison, or jail;
21
(d) A courthouse;
22
(e) A courtroom, except that this section does not
23
preclude a judge from carrying a weapon or firearm or
24
determining who will carry a weapon or firearm in his or her
25
courtroom;
26
(f) A polling place;
27
(g) A meeting of the governing body of a county, public
28
school district, municipality, or special district;
29
(h) A meeting of the Legislature or a committee thereof;
30
(i) A school, college, or professional athletic event not
31
related to firearms;
32
(j) An elementary or secondary school facility or
33
administration building;
34
(k) A career center;
35
(l) A portion of an establishment licensed to dispense
36
alcoholic beverages for consumption on the premises, which
37
portion of the establishment is primarily devoted to such
38
purpose;
39
(m) A college or university facility unless the person is
40
a registered student, employee, or faculty member of such
41
college or university and the weapon is a stun gun or nonlethal
42
electric weapon or device designed solely for defensive purposes
43
and the weapon does not fire a dart or projectile;
44
(n) The inside of the passenger terminal and sterile area
45
of an airport, except that a person is not prohibited from
46
carrying a legal firearm into the terminal which is encased for
47
shipment for purposes of checking such firearm as baggage to be
48
lawfully transported on an aircraft; or
49
(o) Any place where the carrying of firearms is prohibited
50
by federal law.
51
(2) This section does not:
52
(a) Prohibit a person from carrying or storing a firearm
53
in a vehicle for lawful purposes.
54
(b) Modify the terms or conditions of s. 790.251(7).
55
(3) A person who knowingly and willfully violates this
56
section commits a misdemeanor of the second degree, punishable
57
as provided in s. 775.082 or s. 775.083.
58
Section 2. Section 790.013, Florida Statutes, is amended
59
to read:
60
790.013 Carrying of concealed weapons or concealed
61
firearms without a license.—A person who carries a concealed
62
weapon or concealed firearm without a license as authorized
63
under s. 790.01(1)(b):
64
(1) must carry valid identification at all times when he
65
or she is in actual possession of a concealed weapon or
66
concealed firearm and must display such identification upon
67
demand by a law enforcement officer. A violation of this section
68
subsection is a noncriminal violation punishable by a $25 fine,
69
payable to the clerk of the court.
70
(2) Is subject to s. 790.06(12) in the same manner as a
71
person who is licensed to carry a concealed weapon or concealed
72
firearm.
73
Section 3. Subsection (12) of section 790.06, Florida
74
Statutes, is amended to read:
75
790.06 License to carry concealed weapon or concealed
76
firearm.—
77
(12)(a) A license issued under this section does not
78
authorize any person to openly carry a handgun or carry a
79
concealed weapon or concealed firearm into:
80
1. Any place of nuisance as defined in s. 823.05;
81
2. Any police, sheriff, or highway patrol station;
82
3. Any detention facility, prison, or jail;
83
4. Any courthouse;
84
5. Any courtroom, except that nothing in this section
85
precludes a judge from carrying a concealed weapon or concealed
86
firearm or determining who will carry a concealed weapon or
87
concealed firearm in his or her courtroom;
88
6. Any polling place;
89
7. Any meeting of the governing body of a county, public
90
school district, municipality, or special district;
91
8. Any meeting of the Legislature or a committee thereof;
92
9. Any school, college, or professional athletic event not
93
related to firearms;
94
10. Any elementary or secondary school facility or
95
administration building;
96
11. Any career center;
97
12. Any portion of an establishment licensed to dispense
98
alcoholic beverages for consumption on the premises, which
99
portion of the establishment is primarily devoted to such
100
purpose;
101
13. Any college or university facility unless the licensee
102
is a registered student, employee, or faculty member of such
103
college or university and the weapon is a stun gun or nonlethal
104
electric weapon or device designed solely for defensive purposes
105
and the weapon does not fire a dart or projectile;
106
14. The inside of the passenger terminal and sterile area
107
of any airport, provided that no person shall be prohibited from
108
carrying any legal firearm into the terminal, which firearm is
109
encased for shipment for purposes of checking such firearm as
110
baggage to be lawfully transported on any aircraft; or
111
15. Any place where the carrying of firearms is prohibited
112
by federal law.
113
(b) A person licensed under this section is not prohibited
114
from carrying or storing a firearm in a vehicle for lawful
115
purposes.
116
(c) This section does not modify the terms or conditions
117
of s. 790.251(7).
118
(d) Any person who knowingly and willfully violates any
119
provision of this subsection commits a misdemeanor of the second
120
degree, punishable as provided in s. 775.082 or s. 775.083.
121
Section 4. This act shall take effect upon becoming a law.