2017 Session Bills Update - 3/1/17

The 2017 legislative session is exploding with gun related bills. The following is a list of bills potentially affecting the right to keep and bear arms.

SB 140 - Open Carry and Prohibited Places Reform

Sponsor - Sen. Greg Steube

This bill has been held by Sen. Steube in favor of placing its provisions individually into separate bills.

SB 128/HB 245 - Self-Defense Immunity

Sponsors - Sen. Bradley/Reps. Payne and Fischer

Your right to be considered "innocent until proven guilty" should apply at all phases of a criminal case.  The current method the courts are using in self-defense immunity hearings is to treat the victim of a violent criminal as "guilty until you prove yourself innocent" if you are forced to defend yourself and your family.  The current law clearly says that people who defend themselves are to be immune from "arresting, detaining in custody, and charging or prosecuting".  But the Florida Supreme Court ignored this clearly written provision of the law, necessitating this bill.

This bill is critical for your right to Self-Defense!

HB 6001 - Airport Carry

Sponsor - Rep. Raburn 

This House bill is a related bill to SB 140, and removes the current carry prohibition in airport terminals.

SB 142/HB 835 - Storage of Firearms

Sponsors - Sen. Farmer/Rep. Hawkins-Williams

This wrongheaded bill risks the lives of families throughout the state. It would require any person with a "child" 16 or younger, to secure any operable firearm under lock and key, without regard to the child's actual ability to safely handle a firearm. It doesn't matter if your 16 year old is a trophy winning competitive marksman, or has been hunting since they were 10, Sen. Farmer says no! In a state with untold millions of gun owners (over a million and a half are licensed concealed carriers), fewer than ten children (ages 0 - 17) were killed unintentionally by firearms in Florida in 2015 (CDC WISQARS). In contrast, 17 children were accidentally poisoned and 92 drowned last year in Florida. This is a solution seeking a problem. In the Landmark U.S. Supreme Court Case, D.C. v. Heller, laws that require locking guns up and making firearms unusable for immediate defense of life and property were found to be unconstitutional. If a "child" breaks into your home and steals your firearm, YOU GO TO JAIL under this terrible bill.

 SB 170/HB 235 - Prohibited Places for Weapons and Firearms

Sponsors - Sen. Braynon/Rep Stafford

In denial of the fact that disarming the law-abiding does nothing to disable a murderer, Sen. Braynon's bill would add performing arts centers and "legitimate theaters" to the prohibited places list! Gun free zones equal unarmed victim zones. We expect this ineffective bill to dutifully die without committee hearing.

Interestingly, the legal term "Legitimate Theater" comes to us from The pre-revolutionary British Licensing Act of 1737. Its purpose was to control and censor what was being said about the British King and government through theater.  The bills' sponsor recently pointed to the shooting that happened in the "gun free" theater in Colorado as his motivation for the bill.  However, "Legitimate Theater" does not include movie theaters.  Not only is the bill dangerously wrongheaded and potentially deadly to good people, it's inartfully drafted.

 SB 254/HB 167 - Gun Safety

Sponsors - Sen. Stewart/Rep. Smith

This bill is a vain attempt to introduce California-style gun control to Florida. It redefines the nebulous term "assault weapon" to "any selective-fire firearm capable of fully automatic, semiautomatic, or burst fire at the option of the user, or any one of the following specified semiautomatic firearms:". It then goes on to list scores of semiautomatic rifles, including all AR and AK types, and even includes some firearms no longer manufactured. But it doesn't stop there. The bill would require registration of all existing "assault weapons". Currently, registration of any firearm in Florida is a felony violation of FS 790.335. And if that weren't enough, the bill redefines "large capacity magazine" to any magazine holding more than seven rounds!

Although this bill is doomed to failure, it is evidence of Bloomberg-backed groups going from state to state looking to kill your right to keep and bear arms in defense of yourself and others.

SB 610/HB 819 - Firearms

Sponsors - Sen. Steube/Rep. Byrd

Right now, businesses in Florida can prohibit firearms on their property and enforce it through trespass laws. However, they incur no additional legal liability for rendering you defenseless. This bill seeks to create an enhanced liability on the part of businesses which refuse one's right to self-defense.

SB 616 - Concealed Weapons or Firearms

Sponsors - Sen. Steube/Rep. Byrd

Amends FS 790.06(12)(a) to facilitate temporary storage of lawfully carried firearms and weapons at courthouses, requires return of items upon completion of visit.

SB 618/HB 6001 - Concealed Weapons and Firearms

Sponsors - Sen. Steube/Rep. Raburn

Originally part of SB 140, this bill removes airport passenger terminals from the list of prohibited places for carry by licensees. The bill is in direct response to the shooting at the Fort Lauderdale International terminal 2 baggage area, where only the assailant was armed. Once again, the assailant immediately surrendered upon the arrival of armed resistance. Florida is one of only six states where carry is unlawful in an airport passenger terminal. This does not legalize carry in the sterile gate area or on board aircraft.

SB 620 - Concealed Weapons or Firearms

Sponsor - Sen. Steube

Another part of SB 140, this bill removes meetings of the Legislature and committees thereof from the list of prohibited places for carry by licensees. HB 803 contains this as one of its provisions (see SB 622 below).

SB 622 - Concealed Weapons or Firearms

Sponsor - Sen. Steube

Yet another former SB 140 provision, this bill removes college/university athletic events from the list of prohibited places for carry by licensees. HB 803 also contains this as one of its provisions.

SB 626 - Concealed Weapons or Firearms

Sponsor - Sen. Steube

From SB 140, this bill removes meetings of local government from the list of prohibited places for carry by licensees. HB 803 also contains this as one of its provisions.

SB 640 - Concealed Weapons or Firearms

Sponsor - Sen. Steube

From SB 140, this bill removes career centers from the list of prohibited places for carry by licensees. Although the Florida Workforce Innovation job centers are called "career centers", a career center is defined in statute as a trade school. Some local governments have claimed their job centers as prohibited places based on their misreading of the term. HB 803 also contains this as one of its provisions.

SB 644 - Openly Carrying a Handgun

Sponsor - Sen. Steube

One of the lead provisions in SB 140, this bill removes the prohibition of open carry for individuals licensed under FS 790.06.

SB 646/HB 779 - Weapons and Firearms

Sponsors - Sen. Steube/Rep. Combee

This bill, apparently a fall-back in case SB 644 fails, would decriminalize temporary display of a firearm to an administrative fine of $25. It also excepts licensees from the fine, and would authorize members of the Cabinet to carry anywhere not prohibited by federal law.

SB 648/HB 957 - Weapons and Firearms

Sponsors - Sen. Book/Rep. Geller

This bill increases penalties for exhibiting a firearm on school grounds (from a third to second degree felony), increases penalties for facilitating access to a firearm by a minor (from a second to a first degree misdemeanor), adds a third degree felony if the minor then discharges said firearm, creates a first degree misdemeanor for the parent or guardian of a child who brings a firearm to school, creates a third degree felony for the parent or guardian if the child discharges the firearm, etc.  

SB 1334 - Sale and Delivery of Firearms

Sponsor - Sen. Farmer

This onerous bill seeks to require background checks on private sales, which is unenforceable. In order to be enforceable, a registry of firearms in violation of FS 790.335 would be required.

HB 803 - Licenses to Carry Concealed Weapons or Firearms

Sponsor - Rep. Hahnfeldt

This bill removes the entire prohibited places list in FS 790.06(12).

HB 6005 - Campus Carry

Sponsor - Rep. Plakon

This House bill is a related bill to SB 140, and removes the current carry prohibition on college campuses.

HB 6013 - Breach of the Peace

Sponsor - Rep. Cord Byrd

This good bill seeks to remove the current subjectivity of what constitutes a legally prosecutable "breach of the peace". However it also specifically removes the statutory requirement of a court order to return firearms to persons from whom firearms were seized under warrant. Currently even if a search warrant is improperly executed upon one's home and firearms are seized, and even if no charges result, one must obtain a court order for return of the firearms. If there are no charges, then a court order is unnecessary, and the requirement for same would be removed under this bill.