• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

***New amendment up on SB 234 ...reading now ***

deserteagle50

Regular Member
Joined
Mar 13, 2011
Messages
85
Location
florida cracker
Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 234






Barcode 349518

LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————




—————————————————————————————————————————————————————————————————
The Committee on Rules (Negron) recommended the following:

1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5
6 Section 1. Subsection (1), paragraph (c) of subsection (5),
7 and subsection (12) of section 790.06, Florida Statutes, are
8 amended to read:
9 790.06 License to carry concealed weapon or firearm.—
10 (1) The Department of Agriculture and Consumer Services is
11 authorized to issue licenses to carry concealed weapons or
12 concealed firearms to persons qualified as provided in this
13 section. Each such license must bear a color photograph of the
14 licensee. For the purposes of this section, concealed weapons or
15 concealed firearms are defined as a handgun, electronic weapon
16 or device, tear gas gun, knife, or billie, but the term does not
17 include a machine gun as defined in s. 790.001(9). Such licenses
18 shall be valid throughout the state for a period of 7 years from
19 the date of issuance. Any person in compliance with the terms of
20 such license may carry a concealed weapon or concealed firearm
21 notwithstanding the provisions of s. 790.01 or may openly carry
22 a handgun, as defined in s. 790.0655, notwithstanding s.
23 790.053. The licensee must carry the license, together with
24 valid identification, at all times in which the licensee is in
25 actual possession of a concealed weapon or firearm and must
26 display both the license and proper identification upon demand
27 by a law enforcement officer. A violation Violations of the
28 provisions of this subsection shall constitute a noncriminal
29 violation with a penalty of $25, payable to the clerk of the
30 court.
31 (5) The applicant shall submit to the Department of
32 Agriculture and Consumer Services:
33 (c) A full set of fingerprints of the applicant
34 administered by a law enforcement agency or the Division of
35 Licensing of the Department of Agriculture and Consumer
36 Services.
37 (12)(a) A No license issued under pursuant to this section
38 does not shall authorize any person to openly carry a handgun or
39 carry a concealed weapon or firearm into:
40 1. Any place of nuisance as defined in s. 823.05;
41 2. Any police, sheriff, or highway patrol station;
42 3. Any detention facility, prison, or jail;
43 4. Any courthouse;
44 5. Any courtroom, except that nothing in this section would
45 preclude a judge from carrying a concealed weapon or determining
46 who will carry a concealed weapon in his or her courtroom;
47 6. Any polling place;
48 7. Any meeting of the governing body of a county, public
49 school district, municipality, or special district;
50 8. Any meeting of the Legislature or a committee thereof;
51 9. Any school, college, or professional athletic event not
52 related to firearms;
53 10. Any elementary or secondary school facility or
54 administration building;
55 11. Any career center;
56 12. Any portion of an establishment licensed to dispense
57 alcoholic beverages for consumption on the premises, which
58 portion of the establishment is primarily devoted to such
59 purpose; any elementary or secondary school facility; any career
60 center;
61 13. Any college or university facility unless the licensee
62 is a registered student, employee, or faculty member of such
63 college or university and the weapon is a stun gun or nonlethal
64 electric weapon or device designed solely for defensive purposes
65 and the weapon does not fire a dart or projectile;
66 14. The inside of the passenger terminal and sterile area
67 of any airport, provided that no person shall be prohibited from
68 carrying any legal firearm into the terminal, which firearm is
69 encased for shipment for purposes of checking such firearm as
70 baggage to be lawfully transported on any aircraft; or
71 15. Any place where the carrying of firearms is prohibited
72 by federal law.
73 (b) A person licensed under this section shall not be
74 prohibited from carrying or storing a firearm in a vehicle for
75 lawful purposes.
76 (c) This subsection does not modify the terms or conditions
77 of s. 790.251(7).
78 (d) Any person who knowingly and willfully violates any
79 provision of this subsection commits a misdemeanor of the second
80 degree, punishable as provided in s. 775.082 or s. 775.083.
81 Section 2. Section 790.28, Florida Statutes, is repealed.
82 Section 3. Subsection (1) of section 790.065, Florida
83 Statutes, is amended to read:
84 790.065 Sale and delivery of firearms.—
85 (1)(a) A licensed importer, licensed manufacturer, or
86 licensed dealer may not sell or deliver from her or his
87 inventory at her or his licensed premises any firearm to another
88 person, other than a licensed importer, licensed manufacturer,
89 licensed dealer, or licensed collector, until she or he has:
90 1.(a) Obtained a completed form from the potential buyer or
91 transferee, which form shall have been promulgated by the
92 Department of Law Enforcement and provided by the licensed
93 importer, licensed manufacturer, or licensed dealer, which shall
94 include the name, date of birth, gender, race, and social
95 security number or other identification number of such potential
96 buyer or transferee and has inspected proper identification
97 including an identification containing a photograph of the
98 potential buyer or transferee.
99 2.(b) Collected a fee from the potential buyer for
100 processing the criminal history check of the potential buyer.
101 The fee shall be established by the Department of Law
102 Enforcement and may not exceed $8 per transaction. The
103 Department of Law Enforcement may reduce, or suspend collection
104 of, the fee to reflect payment received from the Federal
105 Government applied to the cost of maintaining the criminal
106 history check system established by this section as a means of
107 facilitating or supplementing the National Instant Criminal
108 Background Check System. The Department of Law Enforcement
109 shall, by rule, establish procedures for the fees to be
110 transmitted by the licensee to the Department of Law
111 Enforcement. All such fees shall be deposited into the
112 Department of Law Enforcement Operating Trust Fund, but shall be
113 segregated from all other funds deposited into such trust fund
114 and must be accounted for separately. Such segregated funds must
115 not be used for any purpose other than the operation of the
116 criminal history checks required by this section. The Department
117 of Law Enforcement, each year prior to February 1, shall make a
118 full accounting of all receipts and expenditures of such funds
119 to the President of the Senate, the Speaker of the House of
120 Representatives, the majority and minority leaders of each house
121 of the Legislature, and the chairs of the appropriations
122 committees of each house of the Legislature. In the event that
123 the cumulative amount of funds collected exceeds the cumulative
124 amount of expenditures by more than $2.5 million, excess funds
125 may be used for the purpose of purchasing soft body armor for
126 law enforcement officers.
127 3.(c) Requested, by means of a toll-free telephone call,
128 the Department of Law Enforcement to conduct a check of the
129 information as reported and reflected in the Florida Crime
130 Information Center and National Crime Information Center systems
131 as of the date of the request.
132 4.(d) Received a unique approval number for that inquiry
133 from the Department of Law Enforcement, and recorded the date
134 and such number on the consent form.
135 (b) However, if the person purchasing, or receiving
136 delivery of, the firearm is a holder of a valid concealed
137 weapons or firearms license pursuant to the provisions of s.
138 790.06 or holds an active certification from the Criminal
139 Justice Standards and Training Commission as a “law enforcement
140 officer,” a “correctional officer,” or a “correctional probation
141 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
142 (9), the provisions of this subsection does do not apply.
143 (c) This subsection does not apply to the purchase, trade,
144 or transfer of a rifle or shotgun by a resident of this state
145 when the resident makes such purchase, trade, or transfer from a
146 licensed importer, licensed manufacturer, or licensed dealer in
147 another state.
148 Section 4. This act shall take effect upon becoming a law.
149
150
151 ================= T I T L E A M E N D M E N T ================
152 And the title is amended as follows:
153 Delete everything before the enacting clause
154 and insert:
155 A bill to be entitled
156 An act relating to firearms; amending s. 790.06, F.S.;
157 providing that a person in compliance with the terms
158 of a concealed carry license may openly carry a
159 handgun notwithstanding specified provisions; allowing
160 the Division of Licensing of the Department of
161 Agriculture and Consumer Services to take fingerprints
162 from concealed carry license applicants; providing
163 that a person may not openly carry a weapon or firearm
164 or carry a concealed weapon or firearm into specified
165 locations; providing that concealed carry licensees
166 shall not be prohibited from carrying or storing a
167 firearm in a vehicle for lawful purposes; providing
168 that a provision limiting the scope of a license to
169 carry a concealed weapon or firearm does not modify
170 certain exceptions to prohibited acts with respect to
171 a person’s right to keep and bear arms in motor
172 vehicles for certain purposes; repealing s. 790.28,
173 F.S., relating to the purchase of rifles and shotguns
174 in contiguous states; amending s. 790.065, F.S.;
175 providing that specified provisions do not apply to
176 certain firearms transactions by a resident of this
177 state; providing an effective date.
 

ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
Correct me if I'm wrong, but it seems to 'fix' it so that the Prohibited Places bit applies to Open and Concealed, instead of just Concealed.

Is this something we HAVE to give in to? It wouldn't be a Bill Killer if it were, but I wouldn't want to concede it if we didn't absolutely have to.
 

rvrctyrngr

Regular Member
Joined
Jun 29, 2008
Messages
363
Location
SE of DiSOrDEr, ,
Correct me if I'm wrong, but it seems to 'fix' it so that the Prohibited Places bit applies to Open and Concealed, instead of just Concealed.

Is this something we HAVE to give in to? It wouldn't be a Bill Killer if it were, but I wouldn't want to concede it if we didn't absolutely have to.

Yes. This makes SB 234 identical to HB 517.
 

oogotbagsoo

Regular Member
Joined
Apr 12, 2011
Messages
54
Location
MIAMI
Looks like this is what we know...

Chair: Senator John Thrasher (R) YES
Vice Chair: Senator JD Alexander (R) YES?
•Senator Larcenia J. Bullard (D) NO
•Senator Anitere Flores (R) YES
•Senator Don Gaetz (R) YES
•Senator Andy Gardiner (R)
•Senator Dennis L. Jones, D.C. (R)
•Senator Gwen Margolis (D) NO
•Senator Joe Negron (R) YES
•Senator Garrett Richter (R) YES
•Senator Gary Siplin (D) NO?
•Senator Christopher L. "Chris" Smith (D) NO
•Senator Stephen R. Wise (R)
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
Since I spend about 0% of the time in "prohibited places" I don't really care. I find it offensive and stupid, but they'll be deleted (except for courthouses and jails) in the years ahead anyway, if current trends are any prediction of future events.
 

~*'Phoenix'*~

Regular Member
Joined
Feb 15, 2011
Messages
538
Location
Florida
From the most recent edition of 234 and the rules commitee bill analysis:

90 (b) A person licensed under this section shall not be
91 prohibited from carrying or storing a firearm in a vehicle for
92 lawful purposes.

III. Effect of Proposed Changes:
...specifically protects a licensed person from being prohibited from carrying or storing a firearm in a vehicle for lawful purposes... a person who prohibits a licensee from carrying or storing a firearm in a vehicle for lawful purposes, commits a second degree misdemeanor if they do so knowingly and willfully under the provisions of the bill

Can someone please pretty please tell me that this will make it a crime for my university to have a policy attempting to prohibit me from storing my pistol in my glovebox?

If so, Evers will still be the patron saint of college-student-CW Licensees...
 
Last edited:

~*'Phoenix'*~

Regular Member
Joined
Feb 15, 2011
Messages
538
Location
Florida
The only thing that makes me sad here is that it says:
"may openly carry a handgun"
:monkey I was thinking it'd be cool to have one on each hip for both hands:monkey
 
Last edited:

Rick H

Regular Member
Joined
Jan 9, 2011
Messages
323
Location
Hoover, Alabama
Correct me if i'm wrong.

Correct me if i'm wrong but this says only when in possession of a concealed weapon or firearm.... NOT OPENLY

The licensee must carry the license, together with
24 valid identification, at all times in which the licensee is in
25 actual possession of a concealed weapon or firearm and must
26 display both the license and proper identification upon demand
27 by a law enforcement officer.

and must
26 display both the license and proper identification upon demand
27 by a law enforcement officer. A violation Violations of the
28 provisions of this subsection shall constitute a noncriminal
29 violation with a penalty of $25, payable to the clerk of the
30 court. BUT NOT WHEN OPENLY CARRYING

I LOVE NIT-PICKEN.............LOL
 
Last edited:

nigmalg

Regular Member
Joined
Nov 3, 2010
Messages
148
Location
Fort Lauderdale, FL
The only thing that makes me sad here is that it says:
"may openly carry a handgun"
:monkey I was thinking it'd be cool to have one on each hip for both hands:monkey

Technically the language stated:

"Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm"

So you were also only allowed to carry 1 handgun concealed all this time?
 

oogotbagsoo

Regular Member
Joined
Apr 12, 2011
Messages
54
Location
MIAMI
Correct me if i'm wrong but this says only when in possession of a concealed weapon or firearm.... NOT OPENLY

The licensee must carry the license, together with
24 valid identification, at all times in which the licensee is in
25 actual possession of a concealed weapon or firearm and must
26 display both the license and proper identification upon demand
27 by a law enforcement officer.

and must
26 display both the license and proper identification upon demand
27 by a law enforcement officer. A violation Violations of the
28 provisions of this subsection shall constitute a noncriminal
29 violation with a penalty of $25, payable to the clerk of the
30 court. BUT NOT WHEN OPENLY CARRYING

I LOVE NIT-PICKEN.............LOL


Funny you mention it... I immediately thought about the same thing when reading the amendment. technically, we dont need to carry ID/Permit when open carrying... haha (if the law passes)
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
Correct me if i'm wrong but this says only when in possession of a concealed weapon or firearm.... NOT OPENLY

The licensee must carry the license, together with
24 valid identification, at all times in which the licensee is in
25 actual possession of a concealed weapon or firearm and must
26 display both the license and proper identification upon demand
27 by a law enforcement officer.

and must
26 display both the license and proper identification upon demand
27 by a law enforcement officer. A violation Violations of the
28 provisions of this subsection shall constitute a noncriminal
29 violation with a penalty of $25, payable to the clerk of the
30 court. BUT NOT WHEN OPENLY CARRYING

I LOVE NIT-PICKEN.............LOL

Yes, you only have to show it to them if you are concealing. This was a huge topic a few weeks ago here. About what will happen if you don't show it to them. If it passes Rules tomorrow without them changing that, I think we'll be in good shape.
 

ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
I pointed that out about a month ago. It is written to comply with long-standing case law. "Florida vs JL" Or soemthing like that.

Even if they re-wrote it for OCers to be forced to produce papers, the standing Case Law would supersede, make a big ol' mess, litigation, etc, and we'd end up back to what the bill currently is anyway. the Rules committee is largely charged with making sure things like that aren't in a bill to begin with, so it seems unlikely an amendment designed to do the opposite of the committee's purpose would be presented. Judiciary Committee as well, but we escaped that one.

The case mentioned above already defines that carrying a gun is not RAS or PC of anything. Hence, any such demand would be illegal regardless of this bill or otherwise.

I know I'm going to get a ticket for refusing to comply with an illegal demand. I just want to know how to fight it.... The wording also suggests that sterile carry may be possible for OC... You'll have to have the permit, but you don't have to have it on ya...
 
Last edited:

Rick H

Regular Member
Joined
Jan 9, 2011
Messages
323
Location
Hoover, Alabama
Well for me I'll carry mine for when the situation araises that I may need to conceal I will still be legal...............But still funny they did NOT pick up on this fact
 
Last edited:

oogotbagsoo

Regular Member
Joined
Apr 12, 2011
Messages
54
Location
MIAMI
Have you guys seen those youtube videos of people open carrying and getting harassed by LEOs ? (im sure you have)

In most of those videos, you hear the LEO asking the individual filming "let me see your ID". The person's response to the LEO is "i don't need to give you my ID" and they DON'T provide it.

http://www.youtube.com/watch?v=nYGSv8dfbU0

Reading at the proposed law:

The licensee must carry the license, together with
24 valid identification, at all times in which the licensee is in
25 actual possession of a concealed weapon or firearm and must
26 display both the license and proper identification upon demand
27 by a law enforcement officer.

I guess the law is different in NM ?


OK i guess you guys answered my question as I typed it out... LOL
 
Last edited:
Top