Senate Bill 634 (2020) — Lawful ownership, possession, and use of firearms and weapons
SB 634
Florida Bills
Florida Senate - 2020 SB 634 By Senator Powell 30-00226-20 2020634__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the lawful ownership, possession, 2 and use of firearms and weapons; amending s. 790.25, 3 F.S.; prohibiting a person from owning, possessing, 4 and lawfully using firearms and other weapons, 5 ammunition, and supplies while engaging in certain 6 lawful uses if he or she is within a specified 7 distance of the real property of certain locations; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12
Section 1. Subsection (3) of
section 790.25, Florida 13 Statutes, is amended to read: 14 790.25 Lawful ownership, possession, and use of firearms 15 and other weapons.— 16
(3) LAWFUL USES.—Sections The provisions of ss. 790.053 and 17 790.06 do not apply in any the following instances, and, despite 18 such sections, it is lawful for the following persons to own, 19 possess, and lawfully use firearms and other weapons, 20 ammunition, and supplies for lawful purposes: 21 (
a) Members of the Militia, National Guard, Florida State 22 Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, 23 organized reserves, and other armed forces of the state and of 24 the United States, when on duty, when training or preparing 25 themselves for military duty, or while subject to recall or 26 mobilization.; 27 (
b) Citizens of this state subject to duty in the Armed 28 Forces under s. 2, Art. X of the State Constitution, under 29
Florida Senate - 2020 SB 634 30-00226-20 2020634__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. chapters 250 and 251, and under federal laws, when on duty or 30 when training or preparing themselves for military duty.; 31 (
c) Persons carrying out or training for emergency 32 management duties under
chapter 252.; 33 (
d) Sheriffs, marshals, prison or jail wardens, police 34 officers, Florida highway patrol officers, game wardens, revenue 35 officers, forest officials, special officers appointed under the 36 provisions of
chapter 354, and other peace and law enforcement 37 officers and their deputies and assistants and full-time paid 38 peace officers of other states and of the Federal Government who 39 are carrying out official duties while in this state.; 40 (
e) Officers or employees of the state or United States 41 duly authorized to carry a concealed weapon.; 42 (
f) Guards or messengers of common carriers, express 43 companies, armored car carriers, mail carriers, banks, and other 44 financial institutions, while actually employed in and about the 45 shipment, transportation, or delivery of any money, treasure, 46 bullion, bonds, or other thing of value within this state.; 47 (
g) Regularly enrolled members of any organization duly 48 authorized to purchase or receive weapons from the United States 49 or from this state, or regularly enrolled members of clubs 50 organized for target, skeet, or trap shooting, while at or going 51 to or from shooting practice; or regularly enrolled members of 52 clubs organized for modern or antique firearms collecting, while 53 such members are at or going to or from their collectors’ gun 54 shows, conventions, or exhibits.; 55 (
h) A person engaged in fishing, camping, or lawful hunting 56 or going to or returning from a fishing, camping, or lawful 57 hunting expedition. A lawful activity under this paragraph may 58
Florida Senate - 2020 SB 634 30-00226-20 2020634__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. not be conducted within 1,500 feet of the real property 59 comprising any school, house of worship, government building, or 60 guarded beach.; 61 (
i) A person engaged in the business of manufacturing, 62 repairing, or dealing in firearms, or the agent or 63 representative of any such person while engaged in the lawful 64 course of such business.; 65 (
j) A person firing weapons for testing or target practice 66 under safe conditions and in a safe place not prohibited by law 67 or going to or from such place.; 68 (
k) A person firing weapons in a safe and secure indoor 69 range for testing and target practice.; 70 (
l) A person traveling by private conveyance when the 71 weapon is securely encased or in a public conveyance when the 72 weapon is securely encased and not in the person’s manual 73 possession.; 74 (
m) A person while carrying a pistol unloaded and in a 75 secure wrapper, concealed or otherwise, from the place of 76 purchase to his or her home or place of business or to a place 77 of repair or back to his or her home or place of business.; 78 (
n) A person possessing arms at his or her home or place of 79 business.; 80 (
o) Investigators employed by the several public defenders 81 of the state, while actually carrying out official duties, 82 provided such investigators: 83 1. Are employed full time; 84 2. Meet the official training standards for firearms 85 established by the Criminal Justice Standards and Training 86 Commission as provided in s. 943.12(5) and the requirements of 87
Florida Senate - 2020 SB 634 30-00226-20 2020634__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. ss. 493.6108(1)(
a) and 943.13(1)-(4); and 88 3. Are individually designated by an affidavit of consent 89 signed by the employing public defender and filed with the clerk 90 of the circuit court in the county in which the employing public 91 defender resides. 92 (
p) Investigators employed by the capital collateral 93 regional counsel, while actually carrying out official duties, 94 provided such investigators: 95 1. Are employed full time; 96 2. Meet the official training standards for firearms as 97 established by the Criminal Justice Standards and Training 98 Commission as provided in s. 943.12(1) and the requirements of 99 ss. 493.6108(1)(
a) and 943.13(1)-(4); and 100 3. Are individually designated by an affidavit of consent 101 signed by the capital collateral regional counsel and filed with 102 the clerk of the circuit court in the county in which the 103 investigator is headquartered. 104 (q)1. A tactical medical professional who is actively 105 operating in direct support of a tactical operation by a law 106 enforcement agency provided that: 107 a. The tactical medical professional is lawfully able to 108 possess firearms and has an active concealed weapons permit 109 issued pursuant to s. 790.06;. 110 b.
The tactical medical professional is appointed to a law 111 enforcement tactical team of a law enforcement agency by the 112 head of the law enforcement agency;. 113 c. The law enforcement agency has an established policy 114 providing for the appointment, training, and deployment of the 115 tactical medical professional;. 116
Florida Senate - 2020 SB 634 30-00226-20 2020634__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. d. The tactical medical professional successfully completes 117 a firearms safety training and tactical training as established 118 or designated by the appointing law enforcement agency; and. 119 e. The law enforcement agency provides and the tactical 120 medical professional participates in annual firearm training and 121 tactical training. 122 2.
While actively operating in direct support of a tactical 123 operation by a law enforcement agency, a tactical medical 124 professional: 125 a. May carry a firearm in the same manner as a law 126 enforcement officer, as defined in s. 943.10 and, 127 notwithstanding any other law, at any place a tactical law 128 enforcement operation occurs;. 129 b. Has no duty to retreat and is justified in the use of 130 any force which he or she reasonably believes is necessary to 131 defend himself or herself or another from bodily harm; and. 132 c.
Has the same immunities and privileges as a law 133 enforcement officer, as defined in s. 943.10, in a civil or 134 criminal action arising out of a tactical law enforcement 135 operation when acting within the scope of his or her official 136 duties. 137 3. This paragraph may not be construed to authorize a 138 tactical medical professional to carry, transport, or store any 139 firearm or ammunition on any fire apparatus or EMS vehicle. 140 4.
The appointing law enforcement agency shall issue any 141 firearm or ammunition that the tactical medical professional 142 carries in accordance with this paragraph. 143 5. For the purposes of this paragraph, the term “tactical 144 medical professional” means a paramedic, as defined in s. 145
Florida Senate - 2020 SB 634 30-00226-20 2020634__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. 401.23, a physician, as defined in s. 458.305, or an osteopathic 146 physician, as defined in s. 459.003, who is appointed to provide 147 direct support to a tactical law enforcement unit by providing 148 medical services at high-risk incidents, including, but not 149 limited to, hostage incidents, narcotics raids, hazardous 150 surveillance, sniper incidents, armed suicidal persons, 151 barricaded suspects, high-risk felony warrant service, fugitives 152 refusing to surrender, and active shooter incidents. 153