Gun Safety in Florida: Laws, Issues and Challenges€¦ · Licensed firearm dealers are required to...

Gun Safety in Florida:

Laws, Issues and Challenges

© 2017 League of Women Voters of Florida

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

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.

Copyright 2017 League of Women Voters of Florida

3

Florida Gun Laws

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


5

Buyers of Long Guns F.S. 790.065

• 18+ years of age

• US resident

• Fingerprints and specialized permit not required

• No waiting period


6

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


7

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

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)


9

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


10

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


11

Physician Gag Law

• FS 790.338

• Physicians should “refrain” from discussing gun safety with patients

• OVERTURNED on Feb. 16, 2017!

Other Critical Gun Laws

• Stand Your Ground

• Limited Background Checks


13

Limited BG

Checks

SYG

2016 Law Center to Prevent Gun Violence

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


15

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

.


16


18

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


19

2017: Fate of Gun Bills

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.

Playing Defense

• Campus Carry—Defeated

• Open Carry—Defeated

• Courthouse Carry—Defeated

• Airport Carry—Defeated

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

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!


24

We can do it!


25

Gun Safety in Florida: Laws, Issues and Challenges€¦ · Licensed firearm dealers are required to...

Documents

Transcript of Gun Safety in Florida: Laws, Issues and Challenges€¦ · Licensed firearm dealers are required to...