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Gun Safety in Florida:
Laws, Issues and Challenges
© 2017 League of Women Voters of Florida
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LWVF Position
The LWVF supports
regulations concerning
the purchase, ownership,
and use of handguns
that balance as nearly as possible
individual constitutional rights
with the welfare of the community.
~Study and Action, 2015-2017, LWVF
Copyright 2017 League of Women Voters of Florida 2
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District of Columbia v. Heller U.S. SUPREME COURT 2008
• Supreme Court held that the Second Amendment grants an individual right to possess a firearm
• J. SCALIA: “…nothing in our opinion should be taken to cast doubt on…laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
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Florida Gun Laws
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Registration Records
FS 790.335
• Felony to create or maintain a firearm registry
• Second-hand dealers and pawnshop owners may keep records for 30 days
• Law enforcement must expunge such records after 60 days
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Buyers of Long Guns F.S. 790.065
• 18+ years of age
• US resident
• Fingerprints and specialized permit not required
• No waiting period
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Buyers of Handguns F.S. 790.065
21+ years of age US citizen or have 90 days of property ownership in FL No fingerprints or specialized permit required 3-day waiting period without a Concealed Carry Permit* *No laws limit ownership of semi-automatic weapons or specify magazine capacity
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Concealed Weapons Permits F.S. 790.06
Requirements
• 21+ years of age
Background check
3-day waiting period
Demonstrate competency firing a weapon
Reciprocity—Permit accepted from another state
• 1.7M (1,701,898) Floridians with valid concealed weapon permit (December 31,2016)
Copyright 2017 League of Women Voters of
Florida 8
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Private Seller Loophole F.S. 790.065
Licensed firearm dealers are required to run background checks—BUT
• Private sellers at gun shows are NOT required to do background checks
• Online unlicensed sellers are NOT required to do background check
Result: Approximately 22% of gun sales go unchecked (Annals of Internal Medicine, 1-3-2017)
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Preemption
FS 790.33
State law displaces local law
– Prohibits localities from enacting their own firearm regulations
– State can nullify local ordinances
– Penalties for violation: $5,000 fine and removal from public office
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Child Access Protection Law
FS 790.174—Weak protection for FL children
• Firearm must be securely stored in a locked box or with a trigger lock when an unsupervised minor is in the home
• Exception: If the person in charge of the minor carries the gun on his/her person
• Violation of this statue is a 2ND DEGREE MISDEMEANOR
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Physician Gag Law
• FS 790.338
• Physicians should “refrain” from discussing gun safety with patients
• OVERTURNED on Feb. 16, 2017!
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Other Critical Gun Laws
• Stand Your Ground
• Limited Background Checks
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Limited BG
Checks
SYG
2016 Law Center to Prevent Gun Violence
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Stand Your Ground
FS 776.012
o Originates from “Castle Doctrine”
o Expands right of self defense in public:
Presumption of threat of bodily harm or death
• Applies where any person has a “right to be”
• “Duty to retreat if safe to do so” no longer exists
• Immunity from criminal prosecution or civil action
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Critical Issues
SUICIDE:
More firearm suicides than homicides, almost 2:1
Suicide is the 2nd leading cause of death among 18-24 year olds
DOMESTIC VIOLENCE
• Abused women are 5 times more likely to be killed if the abuser owns a firearm
• Florida has no law requiring the surrender of firearms by convicted domestic abusers
.
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Our Goals
• FL ban on semiautomatic assault weapons and large capacity ammunition feeding devices
• FL Expansion of background checks to close loopholes
• No Campus Carry
• No Open Carry
• No expansion of Stand Your Ground
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2017: Fate of Gun Bills
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Proactive Coalition Bills
• SB 254/HB 167: Would ban semiautomatic assault weapons and large capacity magazines
• SB 1334/HB 1113: Expanded Background Checks: Would close the private seller loophole
Bills were never placed on agenda to be heard in committee.
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Playing Defense
• Campus Carry—Defeated
• Open Carry—Defeated
• Courthouse Carry—Defeated
• Airport Carry—Defeated
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SYG Expansion SB 128/HB 245
Shifts burden of proof onto prosecution:
• Makes SYG easier to achieve and harder to prosecute
• Essentially requires state to prosecute twice
– 1st at preliminary hearing state must prove defendant was not standing ground
– 2nd at trial
• Only requires perceived threat
–PASSED
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2017 Grass Roots Victories
Campus Carry—No!
Open Carry—No!
Courthouse Carry—No!
Airport Carry—No!
Join the FLORIDA COALITION TO PEVENT GUN VIOLENCE
AND VOTE!
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We can do it!
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