Firearm Definitions Quiz
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Questions and Answers

What is the definition of 'ammunition' as per the Florida Statutes?

  • A firearm that is manufactured in or before 1918.
  • A device that delivers an electrical current.
  • An object with a primer, but no gunpowder.
  • An object consisting of a hull or casing, a primer, one or more projectiles, and gunpowder. (correct)

    • What is defined as any firearm manufactured in or before 1918?

  • Antique firearm (correct)
  • Concealed weapon
  • Dart-firing stun gun
  • Concealed firearm

    • What is a 'concealed firearm'?

  • A firearm manufactured in or before 1918
  • A firearm that is carried on or about a person in a manner that conceals the firearm from ordinary sight (correct)
  • A firearm that is openly carried on a person
  • A device that delivers an electrical current

    • What is a 'tear gas gun' or 'chemical weapon or device'?

    <p>Any weapon of such nature, except a device known as a self-defense chemical spray</p> Signup and view all the answers

    What is a 'self-defense chemical spray'?

    <p>A device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical</p> Signup and view all the answers

    What is a 'dart-firing stun gun'?

    <p>A device that delivers an electrical current through one or more darts</p> Signup and view all the answers

    What is a 'concealed weapon'?

    <p>A dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon</p> Signup and view all the answers

    What is NOT a characteristic of an 'antique firearm'?

    <p>A firearm that is manufactured in or after 2020</p> Signup and view all the answers

    What is the main characteristic of a 'destructive device' as defined in the statute?

    <p>It is capable of causing bodily harm or property damage</p> Signup and view all the answers

    What is included in the definition of a 'law enforcement officer'?

    <p>All of the above</p> Signup and view all the answers

    What is excluded from the definition of 'explosive'?

    <p>All of the above</p> Signup and view all the answers

    What does 'readily accessible for immediate use' mean in relation to a firearm or other weapon?

    <p>The weapon is carried on the person or within close proximity and can be retrieved quickly</p> Signup and view all the answers

    What is a 'firearm' as defined in the statute?

    <p>All of the above</p> Signup and view all the answers

    What is a 'short-barreled rifle'?

    <p>A rifle with a barrel length of less than 16 inches</p> Signup and view all the answers

    What is a 'handgun' as defined in the statute?

    <p>A firearm capable of being carried and used by one hand</p> Signup and view all the answers

    What is a 'weapon' according to the content?

    <p>Any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon</p> Signup and view all the answers

    What is not included in the definition of 'destructive device'?

    <p>Any device which is not designed, redesigned, used, or intended for use as a weapon</p> Signup and view all the answers

    Who is authorized to carry a concealed weapon or concealed firearm?

    <p>Individuals licensed under s. 790.06 or those who satisfy the criteria for receiving and maintaining such a license</p> Signup and view all the answers

    What is an 'electric weapon or device' as defined in the statute?

    <p>Any device that is designed, redesigned, used, or intended to be used for offensive or defensive purposes</p> Signup and view all the answers

    What is the exclusion for 'explosive' in the definition of 'firearm'?

    <p>The exclusions contained in paragraphs (a)-(d) do not apply</p> Signup and view all the answers

    What is a 'machine gun'?

    <p>Any firearm that shoots or is designed to shoot automatically more than one shot, without manually reloading, by a single function of the trigger</p> Signup and view all the answers

    What is an 'indictment' as defined in the statute?

    <p>An indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted</p> Signup and view all the answers

    What is a 'short-barreled shotgun'?

    <p>A shotgun with a barrel length of less than 18 inches</p> Signup and view all the answers

    What does 'securely encased' mean?

    <p>All of the above</p> Signup and view all the answers

    What is included in the definition of 'firearm'?

    <p>All of the above</p> Signup and view all the answers

    What is a 'slungshot'?

    <p>A small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon</p> Signup and view all the answers

    What is excluded from the definition of 'destructive device'?

    <p>Any nonautomatic rifle generally recognized or particularly suitable for use for the hunting of big game</p> Signup and view all the answers

    What is a 'sterile area'?

    <p>The area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs</p> Signup and view all the answers

    What is true about a nonresident and carrying a concealed weapon or firearm in Florida?

    <p>They are subject to the same laws and restrictions as a resident of Florida.</p> Signup and view all the answers

    What must a resident of another state do to establish legal residence in Florida?

    <p>Register to vote, make a statement of domicile, or file for homestead tax exemption.</p> Signup and view all the answers

    How long is a valid license to carry a concealed weapon or concealed firearm from another state recognized in Florida?

    <p>90 days</p> Signup and view all the answers

    What is an officer authorized to do without a warrant?

    <p>Make arrests for carrying a concealed weapon.</p> Signup and view all the answers

    Who is exempt from the licensing and penal provisions of this chapter?

    <p>Law enforcement officers and correctional officers when acting within the scope of their official duties.</p> Signup and view all the answers

    What is true about off-duty law enforcement officers?

    <p>They are allowed to carry concealed firearms at the discretion of their superior officers.</p> Signup and view all the answers

    What is true about a qualified retired law enforcement officer?

    <p>They are allowed to carry concealed firearms under certain conditions.</p> Signup and view all the answers

    What is not a requirement for a nonresident to carry a concealed weapon or firearm in Florida?

    <p>Registering to vote.</p> Signup and view all the answers

    What is a breach of peace?

    <p>Carrying a concealed weapon.</p> Signup and view all the answers

    Who meets the definition of a 'qualified law enforcement officer' according to 18 U.S.C.s. 926B(c)?

    <p>All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers.</p> Signup and view all the answers

    Who is not liable for the use of a firearm by an officer carrying a concealed firearm as a private citizen?

    <p>The appointing or employing agency or department</p> Signup and view all the answers

    What is a possible consequence for a person violating the open carrying of weapons section?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    What is the duration of a license to carry a concealed weapon or concealed firearm?

    <p>7 years</p> Signup and view all the answers

    What is the consequence for knowingly and willfully using a self-defense weapon or device against a law enforcement officer?

    <p>Felony of the third degree</p> Signup and view all the answers

    When can a person openly carry a firearm or electric weapon or device?

    <p>Never, unless authorized by law</p> Signup and view all the answers

    What is a requirement for a licensee to carry a concealed weapon or concealed firearm?

    <p>Carry valid identification at all times</p> Signup and view all the answers

    Which of the following is NOT an exception to the open carrying of weapons section?

    <p>A handgun</p> Signup and view all the answers

    Who is authorized to issue licenses to carry concealed weapons or concealed firearms?

    <p>The Department of Agriculture and Consumer Services</p> Signup and view all the answers

    What is a consequence for violating the provisions of carrying a concealed weapon or concealed firearm?

    <p>Noncriminal violation with a penalty of $25</p> Signup and view all the answers

    What is required to be on a license to carry a concealed weapon or concealed firearm?

    <p>A color photograph of the licensee</p> Signup and view all the answers

    What is a requirement for an applicant to be issued a license by the Department of Agriculture and Consumer Services?

    <p>Being a resident of the United States and a citizen of the United States or a permanent resident alien of the United States</p> Signup and view all the answers

    Who is exempt from the citizenship requirement for a license?

    <p>A consular security official of a foreign government</p> Signup and view all the answers

    What disqualifies an applicant from receiving a license?

    <p>Having been convicted of a felony</p> Signup and view all the answers

    What is not a disqualifying factor for an applicant?

    <p>Being 21 years old</p> Signup and view all the answers

    What is the punishment for carrying a concealed weapon or electric weapon or device without a license?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    Who is considered not to be committed for the abuse of a controlled substance?

    <p>An applicant who has been granted relief from firearms disabilities</p> Signup and view all the answers

    Under what circumstances can a person not violate this section?

    <p>When lawfully in possession of a concealed weapon and evacuating during a state of emergency</p> Signup and view all the answers

    What is required for a nonresident of Florida to carry a concealed weapon or concealed firearm?

    <p>Satisfying the criteria for receiving and maintaining a license to carry a concealed weapon or concealed firearm under Florida law</p> Signup and view all the answers

    What is a necessary characteristic for an applicant to possess a license?

    <p>Not chronically and habitually using alcoholic beverages or other substances to the extent that his or her normal faculties are impaired</p> Signup and view all the answers

    What is the purpose of the 48-hour period mentioned in the statute?

    <p>To allow for the immediate and urgent movement of a person away from the evacuation zone</p> Signup and view all the answers

    What would prevent an applicant from being issued a license?

    <p>Having been found guilty of a crime under the provisions of chapter 893 or similar laws of any other state</p> Signup and view all the answers

    What is the punishment for failing to carry valid identification while carrying a concealed weapon or concealed firearm?

    <p>$25 fine</p> Signup and view all the answers

    What is required for an applicant to be issued a license?

    <p>Meeting certain age and residency requirements</p> Signup and view all the answers

    Under what circumstances can a person carry a concealed firearm without a license?

    <p>None of the above</p> Signup and view all the answers

    What is the purpose of subsection (6)?

    <p>To preclude prosecution for the use of an electric weapon or device during the commission of a criminal offense</p> Signup and view all the answers

    What is required for a person to carry a concealed weapon or concealed firearm?

    <p>A license to carry a concealed weapon or concealed firearm</p> Signup and view all the answers

    What is the age requirement for a nonresident to carry a concealed weapon or concealed firearm?

    <p>21 years of age</p> Signup and view all the answers

    What is the purpose of subsection (4)?

    <p>To establish the burden of proof for the state in a prosecution for carrying a concealed weapon or concealed firearm</p> Signup and view all the answers

    What is a requirement for a concealed weapon or concealed firearms license applicant?

    <p>The applicant must provide a statement that they are knowledgeable of the provisions of this chapter.</p> Signup and view all the answers

    Under what circumstances will the Department of Agriculture and Consumer Services deny a license?

    <p>All of the above.</p> Signup and view all the answers

    What is the consequence for an applicant who submits a false answer to any question on the application?

    <p>The applicant will be subject to criminal prosecution.</p> Signup and view all the answers

    What is the fee for a concealed weapon or concealed firearms license if the applicant has not previously been issued a statewide license?

    <p>Up to $55</p> Signup and view all the answers

    What is a reason for the Department of Agriculture and Consumer Services to revoke a license?

    <p>All of the above.</p> Signup and view all the answers

    Who is eligible for expedited processing of their application?

    <p>A servicemember, as defined in s. 250.01, or a veteran, as defined in s. 1.01.</p> Signup and view all the answers

    What is a requirement for an application to be completed?

    <p>The application must be completed under oath.</p> Signup and view all the answers

    Under what circumstances will the Department of Agriculture and Consumer Services suspend a license or the processing of an application?

    <p>All of the above.</p> Signup and view all the answers

    What is a statement that an applicant is required to make on the application?

    <p>The applicant desires a concealed weapon or concealed firearms license as a means of lawful self-defense.</p> Signup and view all the answers

    What is a circumstance under which an applicant's record may be sealed or expunged?

    <p>If the applicant has fulfilled probation or any other conditions set by the court.</p> Signup and view all the answers

    Under which circumstances can an applicant be presumed to chronically and habitually use alcoholic beverages or other substances to the extent that their normal faculties are impaired?

    <p>All of the above</p> Signup and view all the answers

    What is the purpose of the applicant desiring a concealed weapon or concealed firearm?

    <p>For lawful self-defense</p> Signup and view all the answers

    How can an applicant demonstrate competence with a firearm?

    <p>All of the above</p> Signup and view all the answers

    What constitutes evidence of qualification under paragraph (h) of the statute?

    <p>All of the above</p> Signup and view all the answers

    Who must maintain records certifying that they observed the student safely handle and discharge the firearm?

    <p>The instructor, school, club, organization, or group that conducted or taught the course</p> Signup and view all the answers

    What is the requirement for an applicant who has been adjudicated an incapacitated person?

    <p>They are deemed not qualified to apply for a concealed weapon or concealed firearm license</p> Signup and view all the answers

    What is the requirement for an applicant who has been committed to a mental institution?

    <p>They are deemed not qualified to apply for a concealed weapon or concealed firearm license</p> Signup and view all the answers

    What is the exception for an applicant who has been adjudicated an incapacitated person?

    <p>If they have been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d.</p> Signup and view all the answers

    What is the exception for an applicant who has been committed to a mental institution?

    <p>If they have been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d.</p> Signup and view all the answers

    What is the purpose of the statute's provisions regarding an applicant's criminal history and mental health?

    <p>To ensure public safety</p> Signup and view all the answers

    What is the duration of a consular security official license?

    <p>1 year</p> Signup and view all the answers

    What is the penalty for failing to notify the Department of Agriculture and Consumer Services of a change in permanent address?

    <p>$25</p> Signup and view all the answers

    What is the fee for obtaining a duplicate or substitute license?

    <p>$15</p> Signup and view all the answers

    What is a reason for suspending or revoking a concealed weapon or concealed firearm license?

    <p>Developing a physical infirmity that prevents safe handling of a weapon or firearm</p> Signup and view all the answers

    Who is exempt from the provisions of this chapter?

    <p>All of the above</p> Signup and view all the answers

    What is the purpose of the automated listing of licenseholders maintained by the Department of Agriculture and Consumer Services?

    <p>To provide information to law enforcement agencies</p> Signup and view all the answers

    What is the timeframe for issuing a license to a consular security official?

    <p>20 days</p> Signup and view all the answers

    What is the procedure for a servicemember or veteran to expedite the processing of their concealed weapon or concealed firearm license application?

    <p>Submit a completed application and identifying information</p> Signup and view all the answers

    What happens to a license if it is lost or destroyed?

    <p>It is automatically invalid</p> Signup and view all the answers

    What is a circumstance that may lead to the suspension or revocation of a concealed weapon or concealed firearm license?

    <p>Being convicted of a felony</p> Signup and view all the answers

    Who is exempt from the licensing requirements of this section?

    <p>Individual holding an active certification from the Criminal Justice Standards and Training Commission</p> Signup and view all the answers

    What is required for an exempt individual to receive a concealed weapon or concealed firearm license?

    <p>Payment of current license fees only</p> Signup and view all the answers

    What is exempt for a law enforcement officer, a correctional officer, or a correctional probation officer for 1 year after retirement?

    <p>Fees and background investigation</p> Signup and view all the answers

    What is part of the application process for a concealed weapon or concealed firearm license?

    <p>Submission of a photocopy of a certificate</p> Signup and view all the answers

    Where are the fingerprints of the applicant forwarded for processing?

    <p>The Department of Law Enforcement</p> Signup and view all the answers

    How long does the Department of Agriculture and Consumer Services have to issue or deny an application?

    <p>90 days</p> Signup and view all the answers

    What happens if a legible set of fingerprints cannot be obtained after two attempts?

    <p>Eligibility is determined based on name checks</p> Signup and view all the answers

    What is the purpose of the Department of Law Enforcement's processing of fingerprints?

    <p>To conduct a background investigation</p> Signup and view all the answers

    What is the cost of processing fingerprints payable to?

    <p>The Department of Law Enforcement</p> Signup and view all the answers

    What may a sheriff's office charge for fingerprinting service?

    <p>A fee not to exceed $5</p> Signup and view all the answers

    What method of service must be used to notify a licensee of the suspension or revocation of their concealed weapon or concealed firearm license?

    <p>Certified mail, return receipt requested, or personal service</p> Signup and view all the answers

    What happens if a notice sent by certified mail is returned as undeliverable?

    <p>A second attempt must be made to provide notice by first-class mail or email</p> Signup and view all the answers

    How long does a licensee have to file a request for hearing after receiving notice of suspension or revocation of their license?

    <p>21 days</p> Signup and view all the answers

    What is the purpose of the department's documentation of its attempts to provide notice to a licensee?

    <p>To constitute sufficient proof that notice was given in court</p> Signup and view all the answers

    How many days before the expiration date of a license must the department mail a written notice of expiration and a renewal form to the licensee?

    <p>90 days</p> Signup and view all the answers

    What is the consequence if a licensee fails to receive notice of the suspension or revocation of their license?

    <p>The licensee is not affected by the suspension or revocation</p> Signup and view all the answers

    What is the purpose of the department's attempt to provide notice to a licensee by first-class mail or email if a notice sent by certified mail is returned as undeliverable?

    <p>To provide an alternative method of notice</p> Signup and view all the answers

    Why is the department's documentation of its attempts to provide notice to a licensee admissible in court?

    <p>Because it constitutes sufficient proof that notice was given</p> Signup and view all the answers

    What must be submitted by an out-of-state resident when renewing their license?

    <p>A complete set of fingerprints and fingerprint processing fee</p> Signup and view all the answers

    What happens to a license that is not renewed within 180 days of its expiration date?

    <p>It is deemed to be permanently expired</p> Signup and view all the answers

    What is required to be submitted with the renewal application to qualify for the 180-day extension?

    <p>A copy of official military orders</p> Signup and view all the answers

    What is the penalty for failing to file a renewal application on or before the expiration date?

    <p>A $15 late fee</p> Signup and view all the answers

    What is the consequence for knowingly filing false information under this subsection?

    <p>Criminal prosecution under s. 837.06</p> Signup and view all the answers

    What is required to be submitted with the renewal application, in addition to the required fees?

    <p>A color photograph</p> Signup and view all the answers

    What happens to a person whose license has been permanently expired?

    <p>They can reapply for licensure</p> Signup and view all the answers

    Why is a license extended for up to 180 days for a servicemember?

    <p>Because they are serving on military orders that have taken them over 35 miles from their residence</p> Signup and view all the answers

    What is the purpose of the Legislature in implementing and administering this section?

    <p>To provide statewide uniform standards for issuing licenses to carry concealed weapons or concealed firearms</p> Signup and view all the answers

    What is the Department of Agriculture and Consumer Services required to do with regards to this section?

    <p>Implement and administer this section</p> Signup and view all the answers

    What is prohibited in the issuing process of licenses to carry concealed weapons or concealed firearms?

    <p>All of the above</p> Signup and view all the answers

    What is the purpose of maintaining statistical information by the Department of Agriculture and Consumer Services?

    <p>To provide information on the number of licenses issued, revoked, suspended, and denied</p> Signup and view all the answers

    Where is a person licensed under this section not prohibited from carrying or storing a firearm?

    <p>In a vehicle for lawful purposes</p> Signup and view all the answers

    What is exempt from public records?

    <p>Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm</p> Signup and view all the answers

    What is the consequence for knowingly and willfully violating any provision of this subsection?

    <p>A misdemeanor of the second degree</p> Signup and view all the answers

    Who is authorized to disclose confidential and exempt information?

    <p>All of the above</p> Signup and view all the answers

    What is the Liberally construed purpose of this section?

    <p>To carry out the constitutional right to bear arms</p> Signup and view all the answers

    Where can a person licensed under this section carry a concealed weapon or concealed firearm?

    <p>On property owned, rented, leased, borrowed, or lawfully used by a church, synagogue, or other religious institution</p> Signup and view all the answers

    What is this section supplemental and additional to?

    <p>Existing rights to bear arms</p> Signup and view all the answers

    What is the purpose of the funds collected pursuant to this section?

    <p>To administer the provisions of this section</p> Signup and view all the answers

    What is the restriction on carrying a concealed weapon or concealed firearm in an airport?

    <p>No person shall be prohibited from carrying any legal firearm into the terminal</p> Signup and view all the answers

    What is the name of this section as amended by chapter 87-24, Laws of Florida?

    <p>The Jack Hagler Self Defense Act</p> Signup and view all the answers

    What is the penalty for violating the provisions of this subsection?

    <p>A misdemeanor of the second degree</p> Signup and view all the answers

    What is prohibited in the issuing process of licenses to carry concealed weapons or concealed firearms, according to the content?

    <p>All of the above</p> Signup and view all the answers

    Where is a person licensed under this section prohibited from carrying a concealed weapon or concealed firearm?

    <p>In any place of nuisance</p> Signup and view all the answers

    What is the purpose of the Division of Licensing Trust Fund?

    <p>To administer the provisions of this section</p> Signup and view all the answers

    What is the exception to the restriction on carrying a concealed weapon or concealed firearm in a courthouse?

    <p>A judge may carry a concealed weapon or concealed firearm in a courtroom</p> Signup and view all the answers

    Who is not required to comply with the provisions of s. 790.06 in order to receive a license to carry a concealed weapon or firearm?

    <p>A county court judge</p> Signup and view all the answers

    What is required of a justice or judge to receive a license to carry a concealed weapon or firearm?

    <p>Demonstration of competence pursuant to s. 790.06(2)(h)</p> Signup and view all the answers

    Who is eligible to receive a license to carry a concealed weapon or firearm under s. 790.062?

    <p>A servicemember or veteran of the United States Armed Forces</p> Signup and view all the answers

    What is the purpose of s. 790.0625?

    <p>To appoint tax collectors to accept applications for concealed weapon or firearm licenses</p> Signup and view all the answers

    What is the fee that a tax collector may collect and retain for each new application?

    <p>$22</p> Signup and view all the answers

    What information provided to a tax collector is confidential and exempt?

    <p>Personal identifying information</p> Signup and view all the answers

    What is the purpose of a memorandum of understanding between the department and a tax collector?

    <p>To allow the tax collector to accept applications for licenses</p> Signup and view all the answers

    What may the department do to a tax collector's memorandum of understanding?

    <p>Rescind it for any reason</p> Signup and view all the answers

    Where does the department remit the license fees collected by a tax collector?

    <p>The Division of Licensing Trust Fund</p> Signup and view all the answers

    What is the purpose of s. 790.062?

    <p>To exempt members and veterans of the United States Armed Forces from licensure provisions</p> Signup and view all the answers

    What is a tax collector appointed under this section not allowed to do?

    <p>Maintain a list or record of persons who apply for or are granted a new or renewal license to carry a concealed weapon or firearm</p> Signup and view all the answers

    What is the consequence for a person who willfully violates this section?

    <p>A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083</p> Signup and view all the answers

    What is a person who has been adjudicated mentally defective or who has been committed to a mental institution not allowed to do?

    <p>Own a firearm or possess a firearm until relief from the firearm possession and firearm ownership disability is obtained</p> Signup and view all the answers

    How can a person seek relief from the firearm possession and firearm ownership disability?

    <p>By petitioning the court that made the adjudication or commitment, or that ordered that the record be submitted to the Department of Law Enforcement</p> Signup and view all the answers

    What must a licensed importer, licensed manufacturer, or licensed dealer do before selling or delivering a firearm?

    <p>All of the above</p> Signup and view all the answers

    What is the maximum fee that may be collected by a licensed importer, licensed manufacturer, or licensed dealer for processing a criminal history check?

    <p>$8 per transaction</p> Signup and view all the answers

    What is a licensed importer, licensed manufacturer, or licensed dealer required to inspect before selling or delivering a firearm?

    <p>Proper identification containing a photograph of the potential buyer or transferee</p> Signup and view all the answers

    What is a person who has been adjudicated mentally defective or who has been committed to a mental institution prohibited from doing?

    <p>Owning a firearm or possessing a firearm until relief from the firearm possession and firearm ownership disability is obtained</p> Signup and view all the answers

    What is included in the phrase 'committed to a mental institution'?

    <p>Involuntary commitment for substance abuse</p> Signup and view all the answers

    What is the relationship between the firearm possession and firearm ownership disability and the firearm purchase disability?

    <p>They are concurrent</p> Signup and view all the answers

    What is a condition for voluntary admission to a mental institution?

    <p>The person received written notice of the finding and certification</p> Signup and view all the answers

    What is the consequence for a person who has been adjudicated mentally defective or who has been committed to a mental institution if they do not seek relief from the firearm possession and firearm ownership disability?

    <p>They will be prohibited from owning a firearm or possessing a firearm</p> Signup and view all the answers

    What is the purpose of the automated database maintained by the department?

    <p>To check for conditions that prohibit firearm purchases</p> Signup and view all the answers

    What must clerks of court submit to the department within 1 month?

    <p>Records of adjudications of mental defectiveness or commitments to mental institutions</p> Signup and view all the answers

    What is a consequence of being classified as an imminent danger to oneself or others?

    <p>Prohibition from purchasing a firearm</p> Signup and view all the answers

    What is a requirement for a person to agree to voluntary treatment?

    <p>The examining physician must certify that the person is a danger to themselves or others</p> Signup and view all the answers

    What is included in the report submitted by clerks of court to the department?

    <p>The person's name, alias, and date of birth</p> Signup and view all the answers

    What is the purpose of the judge or magistrate's review of the record?

    <p>To classify the person as an imminent danger to themselves or others</p> Signup and view all the answers

    What is a condition for a person to be prohibited from purchasing a firearm?

    <p>The person has been adjudicated mentally defective or committed to a mental institution</p> Signup and view all the answers

    What is the format of the reports submitted by clerks of court to the department?

    <p>Automated format</p> Signup and view all the answers

    According to the Florida Law Enforcement Department, how must fees for criminal history record checks be deposited?

    <p>Into the Department of Law Enforcement Operating Trust Fund, segregated from other funds</p> Signup and view all the answers

    What is the purpose of the segregated funds in the Department of Law Enforcement Operating Trust Fund?

    <p>To operate the criminal history checks required by this section</p> Signup and view all the answers

    Who is exempt from the criminal history record check requirement for purchasing a firearm?

    <p>All of the above</p> Signup and view all the answers

    What happens if the cumulative amount of funds collected exceeds the cumulative amount of expenditures by more than $2.5 million?

    <p>The excess funds may be used for the purpose of purchasing soft body armor for law enforcement officers</p> Signup and view all the answers

    When must the Department of Law Enforcement make a full accounting of all receipts and expenditures of the segregated funds?

    <p>Before February 1 of each year</p> Signup and view all the answers

    What is the purpose of a criminal history record check?

    <p>To review any records available to determine if the potential buyer or transferee has been convicted of a felony or misdemeanor</p> Signup and view all the answers

    What is the consequence if a person has been adjudicated mentally defective or has been committed to a mental institution by a court?

    <p>They are prohibited from purchasing a firearm</p> Signup and view all the answers

    What is the purpose of the unique approval number received from the Department of Law Enforcement?

    <p>To record the date and approval number on the consent form</p> Signup and view all the answers

    Who is not required to undergo a criminal history record check for the purchase of a rifle or shotgun?

    <p>Residents of another state who make a purchase from a licensed importer, licensed manufacturer, or licensed dealer in another state</p> Signup and view all the answers

    What is the process for requesting a criminal history record check?

    <p>Through a toll-free telephone call or other electronic means</p> Signup and view all the answers

    What time does the toll-free number provided by the Department of Law Enforcement become operational?

    <p>9 a.m.</p> Signup and view all the answers

    What is the consequence for a licensed dealer, licensed manufacturer, or licensed importer who willfully and intentionally requests criminal history record information under false pretenses?

    <p>Felony of the third degree</p> Signup and view all the answers

    Under what circumstances is a licensed importer, licensed manufacturer, or licensed dealer not required to comply with the requirements of this section?

    <p>If there is a failure of telephone service or a natural disaster</p> Signup and view all the answers

    What is the consequence for a person who willfully and knowingly provides false information or false or fraudulent identification?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the purpose of the regulations promulgated by the Department of Law Enforcement?

    <p>To ensure the identity, confidentiality, and security of all records and data</p> Signup and view all the answers

    When does this section become effective?

    <p>Upon notification to all licensed importers, licensed manufacturers, and licensed dealers</p> Signup and view all the answers

    What is the consequence for a licensed importer, licensed manufacturer, or licensed dealer who violates the provisions of subsection (1)?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the consequence for any employee or agency of a licensed importer, licensed manufacturer, or licensed dealer who violates the provisions of subsection (1)?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the purpose of the criminal history records review and correction?

    <p>To ensure the accuracy of criminal history records</p> Signup and view all the answers

    What is the Department of Law Enforcement responsible for?

    <p>Employing and training personnel to administer the provisions of this section</p> Signup and view all the answers

    What happens if the department later obtains disposition information indicating that the potential buyer is not prohibited from owning a firearm?

    <p>It shall treat the record of the transaction in accordance with this section.</p> Signup and view all the answers

    What happens to the conditional nonapproval number during the time that disposition of the indictment, information, or arrest is pending?

    <p>It remains in effect until the department is notified by the potential buyer of the final disposition.</p> Signup and view all the answers

    What happens if there is a scheduled computer downtime or similar emergency?

    <p>The department shall notify the licensee of the reason for, and estimated length of, the delay.</p> Signup and view all the answers

    What is the timeframe for the destruction of records containing information about buyers or transferees who are not prohibited from receipt or transfer of a firearm?

    <p>Within 48 hours after the day of the response to the licensee’s request.</p> Signup and view all the answers

    What is the penalty for an officer or employee who intentionally and maliciously violates the confidentiality of records?

    <p>A felony of the third degree.</p> Signup and view all the answers

    What is the purpose of the toll-free telephone number established by the Department of Law Enforcement?

    <p>To assist with criminal history record checks.</p> Signup and view all the answers

    What happens if the licensee does not receive a notification by the end of the next business day?

    <p>The licensee may complete the sale or transfer and shall not be deemed in violation of this section.</p> Signup and view all the answers

    What can the Department of Law Enforcement maintain, according to the Federal Government?

    <p>Records of NCIC transactions.</p> Signup and view all the answers

    What is the maximum duration for which the Department of Law Enforcement can maintain a log of dates of requests for criminal history records checks?

    <p>2 years.</p> Signup and view all the answers

    What is prohibited by the statute?

    <p>The State of Florida to maintain records containing the names of purchasers or transferees who receive unique approval numbers.</p> Signup and view all the answers

    Within how many hours must a record of the finding, certification, notice, and written acknowledgment be filed by the administrator of the receiving or treatment facility?

    <p>24 hours</p> Signup and view all the answers

    Who presents the records to a judge or magistrate within 24 hours after receipt of the records?

    <p>The clerk of the court</p> Signup and view all the answers

    What is the purpose of a petition filed by a person who has been adjudicated mentally defective or committed to a mental institution?

    <p>To request relief from the firearm disabilities imposed by the adjudication or commitment</p> Signup and view all the answers

    Who may object to and present evidence relevant to the relief sought by the petition?

    <p>The state attorney</p> Signup and view all the answers

    What is the timeframe for a petitioner to seek judicial review of a final order denying relief?

    <p>1 year</p> Signup and view all the answers

    What happens to the mental health record of a person granted relief from firearm disabilities?

    <p>It is deleted from the automated database</p> Signup and view all the answers

    Who is exempt from the mandatory waiting period for the purchase of a rifle or shotgun?

    <p>All of the above</p> Signup and view all the answers

    What is the standard for granting relief from firearm disabilities?

    <p>The petitioner is not likely to act in a manner that is dangerous to public safety</p> Signup and view all the answers

    What is the role of the judge or magistrate in reviewing the records?

    <p>To review the records ex parte and determine if the record supports the classification of the person as an imminent danger</p> Signup and view all the answers

    What is the penalty for a retailer delivering a firearm before the expiration of the waiting period?

    <p>Felony of the third degree</p> Signup and view all the answers

    Where is a person prohibited from carrying a firearm?

    <p>All of the above</p> Signup and view all the answers

    What is the effect of relief from a firearm disability on the loss of civil rights?

    <p>It has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication of mental defectiveness or commitment</p> Signup and view all the answers

    What is the exception for a law enforcement officer or correctional officer regarding the purchase of a rifle or shotgun?

    <p>They are exempt from the mandatory waiting period</p> Signup and view all the answers

    What is the purpose of the hearing on the petition?

    <p>To allow the petitioner to present evidence and subpoena witnesses</p> Signup and view all the answers

    What is the penalty for knowingly and willfully violating the provisions of carrying a concealed weapon or firearm?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    Where is a person licensed under this section allowed to carry or store a firearm?

    <p>In a vehicle for lawful purposes</p> Signup and view all the answers

    What is the exception for a college or university facility?

    <p>A person licensed under this section can carry a stun gun or nonlethal electric weapon</p> Signup and view all the answers

    What is the exception for an airport?

    <p>A person licensed under this section can carry a firearm in the passenger terminal and sterile area, but only for shipment</p> Signup and view all the answers

    What is the minimum age requirement for a person to purchase a firearm?

    <p>21 years</p> Signup and view all the answers

    What is the penalty for knowingly acquiring a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the purpose of the mandatory waiting period between the purchase and delivery of a firearm?

    <p>To allow for a background check</p> Signup and view all the answers

    Who is exempt from the mandatory waiting period for the purchase of a firearm?

    <p>A holder of a concealed weapons or concealed firearms license</p> Signup and view all the answers

    What is the exception to the mandatory waiting period for the purchase of a rifle or shotgun?

    <p>A person who has completed a minimum of a 16-hour hunter safety course</p> Signup and view all the answers

    What is the purpose of the records of firearm sales?

    <p>To track the sale of firearms for inspection by law enforcement agencies</p> Signup and view all the answers

    What is the penalty for violating the provision of purchasing a firearm for a person who is prohibited by state or federal law from possessing or receiving a firearm?

    <p>Felony of the third degree</p> Signup and view all the answers

    Who is exempt from the prohibition of selling or transferring a firearm to a person younger than 21 years of age?

    <p>All of the above</p> Signup and view all the answers

    What is the exception to the prohibition of selling or transferring a firearm to a person younger than 21 years of age?

    <p>For official law enforcement purposes</p> Signup and view all the answers

    What is the purpose of the mandatory waiting period for the purchase of a firearm?

    <p>To allow for a background check</p> Signup and view all the answers

    What is the primary purpose of the department disclosing data collected to agencies of the Federal Government and other states?

    <p>To determine the lawfulness of a firearm sale or transfer</p> Signup and view all the answers

    What is the department authorized to disclose data to, apart from agencies of the Federal Government and other states?

    <p>The Department of Agriculture and Consumer Services</p> Signup and view all the answers

    What happens when a potential buyer or transferee appeals a nonapproval based on records?

    <p>The clerks of court and mental institutions provide information to the department to help determine the potential buyer's or transferee's identity</p> Signup and view all the answers

    What is the purpose of reviewing records available to the department?

    <p>To determine whether the potential buyer or transferee has been indicted or has had an information filed against them for a felony</p> Signup and view all the answers

    What happens if the review indicates an indictment, information, or arrest?

    <p>The department provides the licensee with a conditional nonapproval number</p> Signup and view all the answers

    What is the time period for the department to determine the disposition of the indictment, information, or arrest?

    <p>24 working hours</p> Signup and view all the answers

    What is the office of the clerk of court required to do?

    <p>Provide information to the department on the disposition of the indictment, information, or arrest at no charge</p> Signup and view all the answers

    What happens if the potential buyer is not prohibited from receiving or possessing a firearm?

    <p>The department provides the licensee with a conditional approval number</p> Signup and view all the answers

    What happens if the department cannot determine the disposition information within the allotted time period?

    <p>The department provides the licensee with a conditional approval number</p> Signup and view all the answers

    What happens if the buyer is prohibited from receiving or possessing a firearm?

    <p>The department provides the licensee with a conditional nonapproval number which becomes a nonapproval number</p> Signup and view all the answers

    What is the penalty for displaying, using, threatening, or attempting to use any weapon or electric weapon or device while committing or attempting to commit any felony?

    <p>Felony of the third degree</p> Signup and view all the answers

    Which of the following crimes is excluded from the application of section 790.07?

    <p>Bigamy</p> Signup and view all the answers

    What is the penalty for displaying, using, threatening, or attempting to use any firearm while committing or attempting to commit any felony?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the penalty for a person who has previously been convicted of a violation of subsection (1) or subsection (2) and subsequently displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device while committing or attempting to commit any felony?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is the consequence of not complying with the provisions of subsection (4)?

    <p>Sentence will not be suspended or deferred</p> Signup and view all the answers

    Which of the following is NOT excluded from the application of section 790.07?

    <p>Robbery</p> Signup and view all the answers

    What happens to weapons, electric weapons or devices, or arms taken from a person arrested if they are acquitted?

    <p>They are returned to the person arrested</p> Signup and view all the answers

    What is the timeframe within which peace officers must deliver abandoned or unclaimed weapons to the sheriff?

    <p>60 days</p> Signup and view all the answers

    What happens to weapons, electric weapons or devices, and arms coming into the hands of the sheriff if the owner does not reclaim them within 6 months?

    <p>They are forfeited to the state</p> Signup and view all the answers

    What can the sheriff do with weapons, electric weapons or devices, and arms coming into their hands?

    <p>Loan them to other departments or use them</p> Signup and view all the answers

    What is the purpose of the sheriff taking receipt of weapons, electric weapons or devices, and arms loaned to other departments?

    <p>To keep a record of the loaned weapons</p> Signup and view all the answers

    What happens to weapons, electric weapons or devices, and arms that are not needed or are useless or unfit for use?

    <p>They are destroyed or disposed of</p> Signup and view all the answers

    Who is responsible for destroying or disposing of weapons, electric weapons or devices, and arms that are not needed or are useless or unfit for use?

    <p>The sheriff</p> Signup and view all the answers

    What is the timeframe within which a person arrested must claim their weapons, electric weapons or devices, or arms after acquittal?

    <p>60 days</p> Signup and view all the answers

    What happens to weapons, electric weapons or devices, and arms if the person arrested fails to claim them within the specified timeframe after acquittal?

    <p>They are delivered to the sheriff</p> Signup and view all the answers

    Who is the custodian of weapons, electric weapons or devices, and arms for the state?

    <p>The sheriff</p> Signup and view all the answers

    What happens to the sums received from the sale of weapons or devices under chapter 705?

    <p>They are paid into the State Treasury for the benefit of the State School Fund.</p> Signup and view all the answers

    What is the penalty for manufacturing or selling metallic knuckles?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    What is prohibited at a school-sponsored event or on school property?

    <p>Possessing or discharging weapons or firearms at any time</p> Signup and view all the answers

    What is the penalty for exhibiting a weapon or firearm at a school-sponsored event or on school property?

    <p>Felony of the third degree</p> Signup and view all the answers

    Where can a person carry a firearm in a vehicle?

    <p>Pursuant to s. 790.25(4)</p> Signup and view all the answers

    What is not an exception to the prohibition on exhibiting a weapon or firearm at a school-sponsored event or on school property?

    <p>Exhibition by a law enforcement officer</p> Signup and view all the answers

    What is the distance from a school within which exhibiting a weapon or firearm is prohibited?

    <p>1,000 feet</p> Signup and view all the answers

    What is the penalty for a person who willfully and knowingly possesses any firearm in violation of this subsection?

    <p>Felony of the third degree</p> Signup and view all the answers

    Who is exempt from the provisions of this section?

    <p>Law enforcement officers as defined in s. 943.10</p> Signup and view all the answers

    In what scenario is exhibiting a weapon or firearm not considered a felony of the third degree?

    <p>When done on private real property within 1,000 feet of a school</p> Signup and view all the answers

    What is the penalty for improper exhibition of dangerous weapons or firearms?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the penalty for a person who stores or leaves a loaded firearm within the reach or easy access of a minor?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    In what scenario is improper exhibition of dangerous weapons or firearms not prohibited?

    <p>In necessary self-defense</p> Signup and view all the answers

    What is the penalty for a person who willfully and knowingly possesses any electric weapon or device in violation of this subsection?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the purpose of the sums received from the sale of weapons or devices under the Florida Contraband Forfeiture Act?

    <p>To be disbursed as provided in the Act</p> Signup and view all the answers

    What is the consequence for a minor under 18 years of age who is charged with possessing or discharging a firearm on school property?

    <p>Detention in secure detention and a probable cause hearing within 24 hours</p> Signup and view all the answers

    What is an exception to the prohibition on possessing weapons at a school-sponsored event?

    <p>Participating in a school-sanctioned activity</p> Signup and view all the answers

    Who can approve a firearms program, class, or function where firearms can be carried?

    <p>The principal or chief administrative officer of the school</p> Signup and view all the answers

    What is the penalty for a person who discharges any weapon or firearm while in violation of paragraph (a)?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is excluded from the application of this section?

    <p>Law enforcement officers as defined in s. 943.10</p> Signup and view all the answers

    What is the punishment for knowingly discharging a firearm from a vehicle within 1,000 feet of any person?

    <p>Felony of the second degree</p> Signup and view all the answers

    Who commits a felony of the third degree according to subsection (3) of 790.15?

    <p>The driver or owner of any vehicle who knowingly directs another person to discharge a firearm</p> Signup and view all the answers

    What is the punishment for a person who recreationally discharges a firearm outdoors in a primarily residential area?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the condition under which a person is considered 'under the influence' for the purpose of using a firearm?

    <p>The person's normal faculties are impaired</p> Signup and view all the answers

    What is the punishment for using a firearm while under the influence of alcoholic beverages or controlled substances?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    What is the exemption for discharging a firearm in a public place or on residential property?

    <p>When lawfully defending life or property</p> Signup and view all the answers

    What is the purpose of the examination of a minor held in secure detention?

    <p>To provide medical, psychiatric, psychological, or substance abuse treatment</p> Signup and view all the answers

    How long can a minor be held in secure detention before a written report is completed?

    <p>21 days</p> Signup and view all the answers

    What is the condition under which discharging a firearm outdoors is exempt from subsection (4) of 790.15?

    <p>If the discharge is accidental</p> Signup and view all the answers

    What is the purpose of the written report completed after a minor is held in secure detention?

    <p>To provide medical, psychiatric, psychological, or substance abuse treatment</p> Signup and view all the answers

    Under what circumstances can a law enforcement officer request a chemical or physical breath test in Florida?

    <p>When there is probable cause to believe that the person was using a firearm while under the influence of alcoholic beverages or controlled substances</p> Signup and view all the answers

    What happens if a person refuses to submit to a chemical or physical breath or urine test?

    <p>The refusal is admissible into evidence in any criminal proceeding</p> Signup and view all the answers

    Who can request a chemical or physical test of their breath or urine?

    <p>The person arrested for any offense allegedly committed while using a firearm while under the influence of alcoholic beverages or controlled substances</p> Signup and view all the answers

    What is the purpose of administering a urine test?

    <p>To detect the presence of controlled substances</p> Signup and view all the answers

    Where must a urine test be administered?

    <p>At a detention facility, mobile or otherwise, equipped to administer such tests</p> Signup and view all the answers

    What is the consequence of refusing to submit to a chemical or physical breath or urine test?

    <p>The person is arrested on the spot</p> Signup and view all the answers

    What is incorporated into this act?

    <p>The provisions of s. 316.1932(1)(f)</p> Signup and view all the answers

    What is not admissible as evidence in a criminal prosecution?

    <p>The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance</p> Signup and view all the answers

    Who can request information obtained pursuant to this section?

    <p>A court, prosecuting attorney, defense attorney, or law enforcement officer</p> Signup and view all the answers

    What is the purpose of this section?

    <p>To provide for tests for impairment or intoxication and the right to refuse</p> Signup and view all the answers

    Under what circumstances can a law enforcement officer request a blood test from a person who has used a firearm, resulting in the death or serious bodily injury of another human being?

    <p>If the officer has probable cause to believe the person is under the influence of alcoholic beverages or controlled substances</p> Signup and view all the answers

    What is the definition of 'serious bodily injury' in the context of firearm use?

    <p>A physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ</p> Signup and view all the answers

    What happens to the results of a blood test administered to a person who has used a firearm while under the influence of alcoholic beverages or controlled substances?

    <p>The results are admissible as evidence in a criminal prosecution</p> Signup and view all the answers

    What is the presumption if a person's blood test shows 0.05 percent or less by weight of alcohol?

    <p>The person was not under the influence of alcoholic beverages to the extent that their normal faculties were impaired</p> Signup and view all the answers

    Under what circumstances can a law enforcement officer use reasonable force to require a person to submit to a blood test?

    <p>Only if the officer has probable cause to believe the person is under the influence of alcoholic beverages or controlled substances</p> Signup and view all the answers

    What is the purpose of a blood test administered to a person who has used a firearm while under the influence of alcoholic beverages or controlled substances?

    <p>To determine the alcoholic content of the person's blood or the presence of controlled substances therein</p> Signup and view all the answers

    Can a law enforcement officer request a blood test from a person who has used a firearm, resulting in the death or serious bodily injury of another human being, even if the person refuses?

    <p>Yes, the officer can request a blood test, and may use reasonable force if necessary, if the officer has probable cause to believe the person is under the influence of alcoholic beverages or controlled substances</p> Signup and view all the answers

    What happens if a person refuses to submit to a blood test, and a law enforcement officer has probable cause to believe the person is under the influence of alcoholic beverages or controlled substances?

    <p>The officer can use reasonable force to require the person to submit to a blood test</p> Signup and view all the answers

    What is the consequence if a person is found to have used a firearm while under the influence of alcoholic beverages or controlled substances?

    <p>The person is punishable as provided in s. 790.151</p> Signup and view all the answers

    Can the results of a blood test be used as evidence in a civil or criminal proceeding?

    <p>Yes, the results of a blood test are admissible as evidence in both civil and criminal proceedings</p> Signup and view all the answers

    What is the legal implication if a person's blood contains 0.10 percent or more by weight of alcohol?

    <p>It is considered prima facie evidence that the person was under the influence of alcoholic beverages to the extent that their normal faculties were impaired.</p> Signup and view all the answers

    What is the penalty for discharging a machine gun in a public place with intent to do bodily harm to any person or with intent to do damage to property?

    <p>Felony of the first degree, punishable by life imprisonment if great bodily harm to another or serious disruption of governmental operations results</p> Signup and view all the answers

    Who is exempt from the provisions of discharging machine guns in public places?

    <p>Law enforcement officers and United States or state militia</p> Signup and view all the answers

    What is the penalty for making, possessing, throwing, projecting, placing, or discharging a destructive device with the intent to do bodily harm to any person?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the requirement for a chemical analysis of a person's blood to determine its alcoholic content?

    <p>The analysis must be performed substantially in accordance with methods approved by the Florida Department of Law Enforcement</p> Signup and view all the answers

    Who has the power to authorize the manufacture, possession, and use of destructive devices?

    <p>The governing body of any municipality or county and the Division of State Fire Marshal of the Department of Financial Services</p> Signup and view all the answers

    What is the penalty for unlawfully throwing, projecting, placing, or discharging a destructive device or bomb that results in great bodily harm to a firefighter or any other person?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the significance of 0.05 percent by weight of alcohol in a person's blood?

    <p>It may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages.</p> Signup and view all the answers

    What is the consequence if the act of making, possessing, throwing, projecting, placing, or discharging a destructive device results in the death of another person?

    <p>Capital felony</p> Signup and view all the answers

    Who is entitled to a trial by jury according to the Florida Rules of Criminal Procedure?

    <p>Any person charged with using a firearm while under the influence of alcoholic beverages or controlled substances</p> Signup and view all the answers

    What is the penalty for making, possessing, throwing, projecting, placing, or discharging a destructive device without the intent to do bodily harm or property damage?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the unit of measurement for the percent by weight of alcohol in a person's blood?

    <p>Grams of alcohol per 100 milliliters of blood</p> Signup and view all the answers

    What is the consequence if the act of making, possessing, throwing, projecting, placing, or discharging a destructive device results in property damage?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the purpose of the Florida Department of Law Enforcement in relation to chemical analyses of a person's blood?

    <p>To approve methods for chemical analyses of a person's blood</p> Signup and view all the answers

    What is the penalty for unlawfully throwing, projecting, placing, or discharging a destructive device or bomb that results in bodily harm to a firefighter or any other person?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the consequence of insubstantial differences between approved techniques and actual testing procedures in an individual case?

    <p>The test or test results are valid</p> Signup and view all the answers

    Who may approve satisfactory techniques or methods for chemical analyses of a person's blood?

    <p>The Florida Department of Law Enforcement</p> Signup and view all the answers

    What is the penalty if the act of making, possessing, throwing, projecting, placing, or discharging a destructive device results in a disruption of governmental operations, commerce, or the private affairs of another person?

    <p>Felony of the second degree</p> Signup and view all the answers

    What happens if the death penalty in a capital felony is held to be unconstitutional?

    <p>The sentence of death is reduced to life imprisonment</p> Signup and view all the answers

    What is the penalty if the act of making, possessing, throwing, projecting, placing, or discharging a destructive device results in bodily harm to another person or property damage?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is the reward for providing information that leads to the arrest and conviction of a person violating this section?

    <p>$5,000</p> Signup and view all the answers

    What is a hoax bomb?

    <p>A fake bomb that appears to be real</p> Signup and view all the answers

    What is the term for any device or object that is designed or intended to cause death or serious bodily injury to any human or animal through the release, dissemination, or impact of toxic or poisonous chemicals?

    <p>Weapon of mass destruction</p> Signup and view all the answers

    Who is exempt from the penalties of manufacturing, possessing, selling, or using a hoax bomb?

    <p>All of the above</p> Signup and view all the answers

    What is the penalty for violating the provisions of this section?

    <p>A felony of the second degree</p> Signup and view all the answers

    What is the penalty for a person who, without lawful authority, manufactures, possesses, sells, delivers, sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use a weapon of mass destruction?

    <p>Felony of the first degree</p> Signup and view all the answers

    Can a person convicted of violating this section be required to pay restitution?

    <p>Yes</p> Signup and view all the answers

    What is the term for a living organism or molecule capable of carrying a biological agent or toxin to a host?

    <p>Vector</p> Signup and view all the answers

    What is the term for any device or object that by its design, construction, content, or characteristics appears to be or to contain a weapon of mass destruction but is in fact an inoperative facsimile?

    <p>Hoax weapon of mass destruction</p> Signup and view all the answers

    Can a person claim multiple rewards for providing information that leads to the arrest and conviction of multiple persons violating this section?

    <p>No</p> Signup and view all the answers

    Who determines which applicants are entitled to receive a reward?

    <p>The circuit judge in whose jurisdiction the action occurs</p> Signup and view all the answers

    What is the penalty if death results from the use of a weapon of mass destruction?

    <p>Capital felony</p> Signup and view all the answers

    What is the purpose of the procedures established by the Department of Law Enforcement?

    <p>To be used by all reward applicants</p> Signup and view all the answers

    What is the term for any microorganism, virus, infectious substance, or biological product that may be engineered through biotechnology?

    <p>Biological agent</p> Signup and view all the answers

    Can a person who is convicted of violating this section have their sentence suspended, deferred, or withheld?

    <p>Only if they provide substantial assistance in the identification, arrest, or conviction of their accomplices</p> Signup and view all the answers

    What is the term for any poisonous substance or biological product that may be engineered through biotechnology?

    <p>Toxin</p> Signup and view all the answers

    What is the penalty for attempting to use a hoax bomb?

    <p>A felony of the second degree</p> Signup and view all the answers

    What is the term for any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent or toxin?

    <p>Delivery system</p> Signup and view all the answers

    In addition to any other penalty provided by law, what may a person convicted of a violation of this section be required to pay?

    <p>Restitution for all costs and damages</p> Signup and view all the answers

    What is the term for any device or object that is designed or intended to cause death or serious bodily injury to any human or animal through the release, dissemination, or impact of toxic or poisonous chemicals, biological agents, or radiation?

    <p>Weapon of mass destruction</p> Signup and view all the answers

    What is the penalty for threatening to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the consequence for violating subsection 1 of Florida Statute 790.163?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the penalty for making a false report concerning planting a bomb, an explosive, or a weapon of mass destruction in, or committing arson against, state-owned property?

    <p>Felony of the second degree</p> Signup and view all the answers

    Under what circumstances can the state attorney move the sentencing court to reduce or suspend the sentence of a person convicted of violating Florida Statute 790.163?

    <p>If the person provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals</p> Signup and view all the answers

    What is the consequence for a person convicted of a violation of Florida Statute 790.164 that resulted in the mobilization or action of any law enforcement officer or any state or local agency?

    <p>The person is required to pay restitution for all of the costs and damages arising from the criminal conduct</p> Signup and view all the answers

    What is the penalty for threatening to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person?

    <p>Punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the consequence for a person who violates Florida Statute 790.163 and is convicted of a violation of this section?

    <p>The person's sentence may not be suspended, deferred, or withheld</p> Signup and view all the answers

    What is the penalty for making a false report concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is proof that a person accused of violating Florida Statute 790.163 knowingly made a false report?

    <p>Prima facie evidence of the accused person’s intent to deceive, mislead, or otherwise misinform</p> Signup and view all the answers

    What is the consequence for a person who is convicted of a violation of Florida Statute 790.164 and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals?

    <p>The person's sentence may be reduced or suspended</p> Signup and view all the answers

    What is the penalty for committing a felony of the second degree under this section?

    <p>Punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is exempt from the definition of 'weapon of mass destruction'?

    <p>A device that emits or discharges smoke or an offensive, noxious, or irritant liquid, powder, gas, or chemical for self-protection</p> Signup and view all the answers

    Who is excluded from the provisions of this section?

    <p>All of the above</p> Signup and view all the answers

    What is the consequence for a person convicted of a violation of this section?

    <p>The person may be required to pay restitution for all of the costs and damages arising from the criminal conduct</p> Signup and view all the answers

    What is prima facie evidence that a device or object was designed or intended to cause death or serious bodily injury?

    <p>Proof that the device or object caused death or serious bodily injury to a human or animal through the release, dissemination, or impact of toxic or poisonous chemicals</p> Signup and view all the answers

    What is the penalty for attempting to use a hoax weapon of mass destruction?

    <p>A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    Who may move the sentencing court to reduce or suspend the sentence of a person convicted of a violation of this section?

    <p>The state attorney</p> Signup and view all the answers

    What is the condition for a person convicted of a violation of this section to provide substantial assistance in the identification, arrest, or conviction of any of his or her accomplices?

    <p>The person must provide substantial assistance in the identification, arrest, or conviction of any of his or her accomplices</p> Signup and view all the answers

    What is the purpose of the device or instrument that is exempt from the definition of 'weapon of mass destruction'?

    <p>To immobilize, incapacitate, or thwart an attack by a person or animal for the purpose of self-protection</p> Signup and view all the answers

    What is not a penalty for a person convicted of a violation of this section?

    <p>Exemption from the provisions of this section</p> Signup and view all the answers

    What is the age restriction for furnishing firearms to minors?

    <p>18 years of age</p> Signup and view all the answers

    What is the penalty for violating the provision of furnishing weapons to minors under 18 years of age?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    Under what condition can a person transfer ownership of a firearm to a minor?

    <p>With permission of the parent or guardian</p> Signup and view all the answers

    Who must maintain possession of the firearm except pursuant to s. 790.22?

    <p>The parent or guardian</p> Signup and view all the answers

    What is the penalty for knowingly or willfully selling or transferring a firearm to a minor under 18 years of age?

    <p>Felony of the third degree</p> Signup and view all the answers

    Can a law enforcement agency release for publication the name and address of a child who has been convicted of any offense involving possession or use of a firearm?

    <p>Yes</p> Signup and view all the answers

    What is the exception for selling, hiring, bartering, lending, transferring, or giving any minor under 18 years of age any dirk, electric weapon or device, or other weapon?

    <p>With permission of the parent or guardian</p> Signup and view all the answers

    What is the penalty for furnishing weapons to persons of unsound mind?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What happens to a firearm possessed or used by a minor in violation of this section?

    <p>It is promptly seized by a law enforcement officer and disposed of</p> Signup and view all the answers

    What is the purpose of the form prepared by the Department of Juvenile Justice for minors charged under this subsection?

    <p>To provide demographic information for the court</p> Signup and view all the answers

    What is the minimum period of detention for a minor found to have committed a second or subsequent offense involving the use or possession of a firearm?

    <p>21 days</p> Signup and view all the answers

    What is the purpose of community service for minors found to have committed an offense involving the use or possession of a firearm?

    <p>To help the minor understand the consequences of their actions</p> Signup and view all the answers

    What happens to a minor who is charged with an offense that involves the use or possession of a firearm?

    <p>They are detained in secure detention</p> Signup and view all the answers

    If a minor is found to have committed an offense, what penalty may the court impose in addition to any other penalty?

    <p>Revocation or withholding of driver's license or driving privilege</p> Signup and view all the answers

    What is the role of the court in determining whether a minor should be continued in secure detention?

    <p>The court finds by clear and convincing evidence whether the minor is a clear and present danger</p> Signup and view all the answers

    What is the consequence for a minor who commits an offense that involves the use or possession of a firearm?

    <p>They serve a minimum period of detention and perform community service</p> Signup and view all the answers

    What is the penalty for owning or possessing a short-barreled rifle, short-barreled shotgun, or machine gun?

    <p>Felony of the second degree</p> Signup and view all the answers

    Who prepares the form for minors charged under this subsection?

    <p>The Department of Juvenile Justice</p> Signup and view all the answers

    What is prohibited in Florida?

    <p>Importation of bump-fire stocks</p> Signup and view all the answers

    For a second or subsequent offense, what is the maximum period of suspension or revocation of a minor's driver license or driving privilege?

    <p>Up to 2 years</p> Signup and view all the answers

    What is the purpose of the hearing within 24 hours after the minor is taken into custody?

    <p>To determine whether the minor should be continued in secure detention</p> Signup and view all the answers

    What is the penalty for violating the prohibition on bump-fire stocks?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the consequence for a minor who is found to have committed an offense that involves the use or possession of a firearm, but is not committed to a residential commitment program?

    <p>They serve a minimum period of detention and perform community service</p> Signup and view all the answers

    If a minor is ineligible by reason of age for a driver license or driving privilege, what may the court direct the Department of Highway Safety and Motor Vehicles to do?

    <p>Withhold issuance of the minor's driver license or driving privilege</p> Signup and view all the answers

    What is the purpose of the prohibition on bump-fire stocks?

    <p>To mimic automatic weapon fire</p> Signup and view all the answers

    For a first offense, what is the maximum period of suspension or revocation of a minor's driver license or driving privilege?

    <p>Up to 1 year</p> Signup and view all the answers

    What is the penalty for possessing a short-barreled rifle, short-barreled shotgun, or machine gun?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is exempt from the prohibition on possessing a short-barreled rifle, short-barreled shotgun, or machine gun?

    <p>Antique firearms</p> Signup and view all the answers

    What type of device is declared to be a dangerous or deadly weapon and a contraband item?

    <p>A ballistic knife</p> Signup and view all the answers

    Who is prohibited from owning or having in their care, custody, possession, or control any firearm, ammunition, or electric weapon or device?

    <p>A convicted felon</p> Signup and view all the answers

    What is the penalty for violating the prohibition on ballistic self-propelled knives?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    Who is exempt from the prohibition on possessing firearms, ammunition, or electric weapons or devices?

    <p>A convicted felon whose civil rights and firearm authority have been restored</p> Signup and view all the answers

    What is the penalty for a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04?

    <p>Felony of the first degree</p> Signup and view all the answers

    Who is prohibited from possessing a firearm or ammunition if they have been issued a final injunction restraining them from committing acts of domestic violence, stalking, or cyberstalking?

    <p>A person subject to an injunction</p> Signup and view all the answers

    What is the penalty for violating the prohibition on possessing firearms or ammunition if a person has been issued a final injunction restraining them from committing acts of domestic violence, stalking, or cyberstalking?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the penalty for a dealer in arms who sells or transfers a firearm to a minor?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the purpose of the law regulating ballistic self-propelled knives?

    <p>To protect the public from dangerous weapons</p> Signup and view all the answers

    What is the intent of the Legislature regarding the right to keep and bear firearms?

    <p>To retain the constitutional right to keep and bear firearms for hunting and sporting activities and for defense of self, family, home, and business</p> Signup and view all the answers

    What is the age limit for a minor to use a BB gun, air or gas-operated gun, or electric weapon or device without adult supervision?

    <p>Prohibited at any age</p> Signup and view all the answers

    What is required when storing or leaving a loaded firearm on a premise under one's control?

    <p>It must be kept in a securely locked box or container, or in a location that a reasonable person would believe to be secure, or secured with a trigger lock</p> Signup and view all the answers

    Under what circumstances can a minor possess a firearm?

    <p>At least 16 years old and engaged in lawful hunting or marksmanship activities</p> Signup and view all the answers

    Who is authorized to seize a ballistic self-propelled knife?

    <p>A law enforcement officer</p> Signup and view all the answers

    What is the penalty for failing to store or leave a firearm in the required manner and a minor gains access to the firearm?

    <p>A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083</p> Signup and view all the answers

    What is the penalty for an adult who knowingly permits a minor to use or possess a firearm in violation of the provisions?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    What is the purpose of the law regulating the possession of firearms, ammunition, or electric weapons or devices by certain persons?

    <p>To protect the public from dangerous individuals</p> Signup and view all the answers

    What is the age of a minor as defined in this act?

    <p>Under the age of 16</p> Signup and view all the answers

    What is the penalty for shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied?

    <p>Felony of the second degree</p> Signup and view all the answers

    What must a seller or transferor deliver to the purchaser or transferee upon the retail commercial sale or transfer of a firearm?

    <p>A written warning about the penalties for selling or transferring a firearm to a minor or a person of unsound mind</p> Signup and view all the answers

    Who is responsible for supervising a minor using a BB gun, air or gas-operated gun, or electric weapon or device?

    <p>An adult with the consent of the minor's parent</p> Signup and view all the answers

    What is the penalty for a parent or guardian who knowingly permits a minor to possess a firearm in violation of the provisions?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the penalty for knowingly violating the requirement to provide a warning under this section?

    <p>A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083</p> Signup and view all the answers

    Under what circumstances can a minor transport a firearm?

    <p>Only when directly going to or from a lawful hunting or marksmanship activity</p> Signup and view all the answers

    What must be conspicuously posted at each purchase counter of a retail or wholesale store, shop, or sales outlet that sells firearms?

    <p>A warning stating the penalties for storing or leaving a firearm in any place within the reach or easy access of a minor under 18 years of age</p> Signup and view all the answers

    If a minor violates subsection (3), what may the court direct the Department of Highway Safety and Motor Vehicles to do?

    <p>Revoke or withhold issuance of the minor's driver license or driving privilege for up to 1 year</p> Signup and view all the answers

    What is the purpose of the Legislature's findings and intent regarding the storage and sale of firearms?

    <p>To protect the safety of children and prevent accidents caused by negligently stored firearms</p> Signup and view all the answers

    What is the penalty for an adult responsible for the welfare of a minor who knowingly permits the minor to use or have in their possession a firearm in violation of the provisions?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    What is the penalty for a second or subsequent offense of violating subsection (3)?

    <p>Felony of the third degree and up to 21 days of detention</p> Signup and view all the answers

    What is the consequence of violating the requirement to store or leave a firearm in the required manner?

    <p>A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083</p> Signup and view all the answers

    What is the purpose of the provision regarding the use of BB guns, air or gas-operated guns, or electric weapons or devices by minors?

    <p>To prevent accidents and injuries to minors</p> Signup and view all the answers

    What is the purpose of the written warning delivered to the purchaser or transferee upon the retail commercial sale or transfer of a firearm?

    <p>To inform the purchaser or transferee of the penalties for selling or transferring a firearm to a minor or a person of unsound mind</p> Signup and view all the answers

    What is the purpose of the juvenile justice circuit advisory boards or the Department of Juvenile Justice?

    <p>To establish community service programs</p> Signup and view all the answers

    What type of community service may be provided on private property?

    <p>Removal of graffiti and restoration of vandalized property</p> Signup and view all the answers

    Who may be required to participate in classes on parenting education?

    <p>Any natural parent or adoptive parent, or any legal guardian or legal custodian of a minor</p> Signup and view all the answers

    What is the minimum number of hours of community service a minor must perform for a first offense?

    <p>100 hours</p> Signup and view all the answers

    What is the penalty for a minor who violates subsection (3) for a second or subsequent offense?

    <p>Felony of the third degree and up to 21 days of detention</p> Signup and view all the answers

    What may the court direct the Department of Highway Safety and Motor Vehicles to do for a second or subsequent offense?

    <p>Revoke or withhold issuance of the minor's driver license or driving privilege for up to 2 years</p> Signup and view all the answers

    What is the purpose of the community service programs established by the juvenile justice circuit advisory boards or the Department of Juvenile Justice?

    <p>To provide alternative sanctions for minors who violate subsection (3)</p> Signup and view all the answers

    What may the court do to a parent who fails to comply with the required parenting education classes?

    <p>Require the parent to render community service hours together with the child</p> Signup and view all the answers

    What is the penalty for a person who violates the subsection of possessing a firearm or ammunition by a violent career criminal?

    <p>Mandatory minimum of 15 years' imprisonment</p> Signup and view all the answers

    Who is exempt from the provision of possessing a firearm or ammunition by a violent career criminal?

    <p>A person whose civil rights and firearm authority have been restored</p> Signup and view all the answers

    What is the penalty for a person who fails to report medical treatment of certain wounds?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the purpose of the Legislature regarding the disabilities regarding possession of firearms and ammunition?

    <p>To be consistent with federal law</p> Signup and view all the answers

    Who is excluded from the application of the section of possessing a firearm or ammunition by a violent career criminal?

    <p>A state or local officer holding an active certification</p> Signup and view all the answers

    What is the requirement for a felony conviction to be counted as a prior felony for purposes of the section of possessing a firearm or ammunition by a violent career criminal?

    <p>The felony must have resulted in a conviction sentenced separately</p> Signup and view all the answers

    Who is required to report medical treatment of certain wounds to the sheriff's department?

    <p>Any physician, nurse, or employee thereof</p> Signup and view all the answers

    What is the penalty for a person who violates the subsection of possessing a firearm or ammunition?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the purpose of the report of medical treatment of certain wounds?

    <p>To report a gunshot wound or life-threatening injury indicating an act of violence</p> Signup and view all the answers

    What is the consequence for a person who violates the section of possessing a firearm or ammunition by a violent career criminal?

    <p>The person is not eligible for any form of discretionary early release</p> Signup and view all the answers

    What is the main purpose of promoting firearms safety in Florida?

    <p>To curb and prevent the use of firearms and other weapons in crime and by incompetent persons</p> Signup and view all the answers

    Who may own, possess, and lawfully use firearms and other weapons for lawful purposes?

    <p>Members of the Militia, National Guard, Florida State Guard, and other armed forces of the state and of the United States</p> Signup and view all the answers

    What is the purpose of the Legislature's declaration of policy regarding firearms?

    <p>To promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons</p> Signup and view all the answers

    What must an investigator employed by the capital collateral regional counsel meet in order to carry a firearm?

    <p>The official training standards for firearms as established by the Criminal Justice Standards and Training Commission</p> Signup and view all the answers

    What is a requirement for a tactical medical professional to carry a firearm?

    <p>The tactical medical professional must be lawfully able to possess firearms and have an active concealed weapon or concealed firearm license</p> Signup and view all the answers

    What is the significance of the Legislature's declaration of policy regarding firearms?

    <p>It promotes firearms safety and prevents the use of firearms in crime and by incompetent persons</p> Signup and view all the answers

    Who is exempt from the licensing and penal provisions of this chapter?

    <p>All of the above</p> Signup and view all the answers

    What is a requirement for a person to carry a concealed weapon or concealed firearm?

    <p>To be duly authorized to carry a concealed weapon or firearm</p> Signup and view all the answers

    What does a tactical medical professional have in a civil or criminal action arising out of a tactical law enforcement operation?

    <p>The same immunities and privileges as a law enforcement officer</p> Signup and view all the answers

    What is the purpose of the Legislature's distinction between lawful and unlawful use of firearms?

    <p>To prevent the use of firearms in crime and by incompetent persons, while allowing lawful use</p> Signup and view all the answers

    What is the significance of the lawful use of firearms in Florida?

    <p>It is allowed for defense of life, home, and property, as well as for target practice and marksmanship</p> Signup and view all the answers

    Who is authorized to carry a concealed weapon or firearm while actually employed in and about the shipment of money or valuables?

    <p>Guards or messengers of common carriers</p> Signup and view all the answers

    What is the term for a paramedic, physician, or osteopathic physician who is appointed to provide direct support to a tactical law enforcement unit?

    <p>Tactical medical professional</p> Signup and view all the answers

    Who issues a firearm or ammunition to a tactical medical professional?

    <p>The appointing law enforcement agency</p> Signup and view all the answers

    What is a condition for an investigator employed by a public defender to carry a concealed weapon or firearm?

    <p>Meeting the official training standards for firearms</p> Signup and view all the answers

    What is an exception to the licensing and penal provisions of this chapter?

    <p>A person discharging a weapon or firearm for testing or target practice</p> Signup and view all the answers

    What is the purpose of a tactical medical professional?

    <p>To provide direct support to a law enforcement tactical team</p> Signup and view all the answers

    Who is allowed to carry a concealed weapon or firearm while going to or from a fishing, camping, or lawful hunting expedition?

    <p>A person engaged in fishing, camping, or lawful hunting</p> Signup and view all the answers

    What is excluded from the authorization of a tactical medical professional to carry a firearm?

    <p>Firearms on a fire apparatus or EMS vehicle</p> Signup and view all the answers

    What is a requirement for a tactical medical professional to carry a firearm in a tactical operation?

    <p>The tactical medical professional must have completed a firearms safety training</p> Signup and view all the answers

    What is a condition for a person to discharge a weapon or firearm in a safe and secure indoor range?

    <p>The person must be testing or target practicing</p> Signup and view all the answers

    Who is authorized to carry a concealed weapon or firearm while traveling in a public conveyance?

    <p>A person carrying a concealed weapon or firearm securely encased</p> Signup and view all the answers

    What is the consequence of a tactical medical professional carrying a firearm in a tactical operation without meeting the requirements?

    <p>The tactical medical professional will not be authorized to carry a firearm in a tactical operation</p> Signup and view all the answers

    What is the purpose of the construction of this act?

    <p>To carry out the declaration of policy and favor the constitutional right to keep and bear arms for lawful purposes</p> Signup and view all the answers

    What is a requirement for a person to possess a weapon or firearm at their home or place of business?

    <p>No specific requirement is mentioned in the content</p> Signup and view all the answers

    Who is exempt from the licensing and penal provisions of this chapter while actually carrying out official duties?

    <p>All of the above</p> Signup and view all the answers

    According to the Legislature, what is essential to the exercise of the fundamental constitutional right to keep and bear arms?

    <p>The lawful possession, transportation, and secure keeping of firearms and ammunition within one's motor vehicle</p> Signup and view all the answers

    What is prohibited by public or private employers in regards to customers, employees, or invitees?

    <p>Verbal or written inquiry regarding the presence of a firearm in a private motor vehicle</p> Signup and view all the answers

    Under what circumstances can a search of a private motor vehicle in a parking lot be conducted?

    <p>By on-duty law enforcement personnel, based upon due process and complying with constitutional protections</p> Signup and view all the answers

    What is a condition of employment that a public or private employer cannot impose on an employee or prospective employee?

    <p>An agreement that prohibits an employee from keeping a legal firearm locked inside or locked to a private motor vehicle in a parking lot</p> Signup and view all the answers

    What is the consequence for an employer who terminates an employee's employment for exercising their constitutional right to keep and bear arms?

    <p>Legal action</p> Signup and view all the answers

    What is the purpose of the Legislature's finding regarding the possession of firearms and ammunition within a motor vehicle?

    <p>To protect the rights of citizens to keep and bear arms</p> Signup and view all the answers

    What is the limitation on a public or private employer's ability to search a private motor vehicle in a parking lot?

    <p>The search can only be conducted by on-duty law enforcement personnel</p> Signup and view all the answers

    What is the consequence for an employer who violates the prohibition on searching a private motor vehicle in a parking lot?

    <p>Legal action</p> Signup and view all the answers

    What is the purpose of the Legislature's finding regarding the rights of citizens to keep and bear arms?

    <p>To protect the rights of citizens to exercise their freedom and individual responsibility</p> Signup and view all the answers

    What is the limitation on a public or private employer's ability to prohibit the possession of firearms and ammunition in a motor vehicle?

    <p>The employer can only prohibit possession if it is required by state or federal law</p> Signup and view all the answers

    What is the purpose of the 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008'?

    <p>To codify the legislative policy of the state that individual citizens have a constitutional right to keep and bear arms</p> Signup and view all the answers

    Who is considered an 'employee' under the 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008'?

    <p>Any person who is authorized to carry a concealed weapon or concealed firearm and works for salary, wages, or other remuneration</p> Signup and view all the answers

    What is a 'parking lot' as defined in the 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008'?

    <p>Any property that is used for parking motor vehicles and is available to customers, employees, or invitees for temporary or long-term parking or storage of motor vehicles</p> Signup and view all the answers

    What is a 'motor vehicle' as defined in the 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008'?

    <p>Any automobile, truck, minivan, sports utility vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any other vehicle operated on the roads of this state and required to be registered under state law</p> Signup and view all the answers

    Under what circumstances can a person possess a handgun or other weapon in a private conveyance?

    <p>If the person is 18 years of age or older and the handgun or weapon is securely encased or not readily accessible for immediate use</p> Signup and view all the answers

    What is the purpose of the subsection 'POSSESSION IN PRIVATE CONVEYANCE'?

    <p>To authorize the possession of handguns or other weapons in private conveyances under certain circumstances</p> Signup and view all the answers

    What is an 'invitee' as defined in the 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008'?

    <p>Any business invitee, including a customer or visitor, who is lawfully on the premises of a public or private employer</p> Signup and view all the answers

    What is the legislative intent of the 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008'?

    <p>To codify the long-standing legislative policy of the state that individual citizens have a constitutional right to keep and bear arms</p> Signup and view all the answers

    What is the purpose of the definition of 'firearm' in the 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008'?

    <p>To include ammunition and accoutrements aĴendant to the lawful possession and use of a firearm</p> Signup and view all the answers

    What is the relationship between an 'employer' and an 'employee' under the 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008'?

    <p>An 'employer' is a business that has 'employees' who are authorized to carry a concealed weapon or concealed firearm</p> Signup and view all the answers

    Under what circumstances does a public or private employer have no duty of care?

    <p>When subject to the provisions of subsection (4)</p> Signup and view all the answers

    What is the consequence for a person who violates the rights of a customer, employee, or invitee under this act?

    <p>Civil or administrative action for damages, injunctive relief, and civil penalties</p> Signup and view all the answers

    Who enforces the protections of this act on behalf of an aggrieved person?

    <p>The Attorney General</p> Signup and view all the answers

    What is not created or expanded by this section?

    <p>An additional duty on the part of a public or private employer</p> Signup and view all the answers

    In a successful action brought by an aggrieved person, what is awarded?

    <p>All reasonable personal costs and losses suffered</p> Signup and view all the answers

    Who has the right to bring a civil action for violation of rights protected under this act?

    <p>The Attorney General and a customer, employee, or invitee</p> Signup and view all the answers

    What is the limitation of the immunity provided in subsection (b)?

    <p>It does not apply to actions or inactions unrelated to compliance with this section</p> Signup and view all the answers

    What is the role of the Attorney General in enforcing this act?

    <p>To enforce the protections of this act on behalf of customers, employees, or invitees</p> Signup and view all the answers

    In an action brought under this act, who is awarded all court costs and attorney's fees?

    <p>The prevailing party</p> Signup and view all the answers

    What type of property is an exception to the prohibitions in subsection (4)?

    <p>School property</p> Signup and view all the answers

    What is the penalty for knowingly altering or removing a firearm's serial number?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the purpose of the public service announcements prepared by the Department of Health?

    <p>To inform parents about the provisions of chapter 93-416</p> Signup and view all the answers

    What type of firearm is exempt from the provisions of section 790.27?

    <p>Antique firearm</p> Signup and view all the answers

    What is the name of the act that prohibits paramilitary training?

    <p>State Antiparamilitary Training Act</p> Signup and view all the answers

    What is a 'civil disorder' as defined in the content?

    <p>A public disturbance involving acts of violence by an assemblage of three or more persons</p> Signup and view all the answers

    Who is guilty of a felony of the third degree for knowingly altering or removing a firearm's serial number?

    <p>Any person</p> Signup and view all the answers

    What is the penalty for knowingly selling, delivering, or possessing a firearm with an altered or removed serial number?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the purpose of section 790.256?

    <p>To prepare public service announcements for parents</p> Signup and view all the answers

    Who is guilty of a felony of the third degree according to Section 790.31?

    <p>Anyone who manufactures, sells, offers for sale, or delivers any armor-piercing bullet or exploding bullet.</p> Signup and view all the answers

    What is the exception to the prohibition on teaching or demonstrating the use of firearms or techniques capable of causing injury or death?

    <p>Teaching hunting, recreation, competition, self-defense, or the protection of one’s person or property.</p> Signup and view all the answers

    What is a 'dragon’s breath shotgun shell'?

    <p>A shotgun shell that contains exothermic pyrophoric misch metal as the projectile and is designed to simulate a flamethrower.</p> Signup and view all the answers

    What is the penalty for possessing an armor-piercing bullet or exploding bullet with knowledge of its capabilities loaded in a handgun?

    <p>Felony of the third degree, punishable as provided in s. 775.082.</p> Signup and view all the answers

    What is the penalty for intending to use an armor-piercing bullet or exploding bullet to assist in the commission of a criminal act?

    <p>Felony of the second degree, punishable as provided in s. 775.082.</p> Signup and view all the answers

    What is NOT prohibited by Section 790.31?

    <p>Teaching the use of weapons for hunting, recreation, competition, self-defense, or the protection of one’s person or property.</p> Signup and view all the answers

    What is a 'flecheĴe shell'?

    <p>A shotgun shell that expels two or more pieces of fin-stabilized solid metal wire or two or more solid dart-type projectiles.</p> Signup and view all the answers

    What is the penalty for manufacturing, selling, or delivering armor-piercing bullets or exploding bullets?

    <p>Felony of the third degree, punishable as provided in s. 775.082.</p> Signup and view all the answers

    What is an exception to the prohibition on assembling to train with firearms or techniques capable of causing injury or death?

    <p>Teaching hunting, recreation, competition, self-defense, or the protection of one’s person or property.</p> Signup and view all the answers

    What is prohibited by Section 790.31?

    <p>Manufacturing, selling, offering for sale, or delivering armor-piercing bullets or exploding bullets.</p> Signup and view all the answers

    Which of the following is exempt from the regulations of firearms and ammunition?

    <p>Law enforcement officers</p> Signup and view all the answers

    What is the purpose of 790.33?

    <p>To provide uniform firearms laws in the state</p> Signup and view all the answers

    What is the consequence for a local government that violates 790.33?

    <p>All of the above</p> Signup and view all the answers

    What is the intent of 790.33?

    <p>To declare all ordinances and regulations null and void that have been enacted by any jurisdictions other than state and federal</p> Signup and view all the answers

    Who is liable for violating 790.33?

    <p>The elected or appointed local government official or officials or administrative agency head</p> Signup and view all the answers

    What is the purpose of the preemption clause in 790.33?

    <p>To declare all ordinances and regulations null and void that have been enacted by any jurisdictions other than state and federal</p> Signup and view all the answers

    What is the consequence for a person who knowingly and willfully violates 790.33?

    <p>A civil fine of up to $5,000</p> Signup and view all the answers

    What is the purpose of the prohibition clause in 790.33?

    <p>To prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof</p> Signup and view all the answers

    Who is authorized to enforce state firearms laws?

    <p>Local law enforcement agencies</p> Signup and view all the answers

    What is the intent of the Legislature in occupying the whole field of regulation of firearms and ammunition?

    <p>To provide uniform firearms laws in the state</p> Signup and view all the answers

    Under what circumstances can a person file suit against a county, agency, municipality, district, or other entity?

    <p>When they are adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy.</p> Signup and view all the answers

    What can a court award to a prevailing plaintiff in a suit?

    <p>Both reasonable attorney fees and costs, and actual damages incurred, up to $100,000.</p> Signup and view all the answers

    What is an exception to the prohibition on regulating or prohibiting the carrying of firearms and ammunition?

    <p>All of the above.</p> Signup and view all the answers

    What is the purpose of this section, as declared by the Legislature?

    <p>To find that the manufacture, distribution, or sale of firearms and ammunition is a lawful activity.</p> Signup and view all the answers

    What is a requirement for a plaintiff to be considered a prevailing plaintiff?

    <p>The defendant must voluntarily change the ordinance, regulation, measure, directive, rule, enactment, order, or policy.</p> Signup and view all the answers

    What is prohibited by this section?

    <p>Zoning ordinances that restrict or prohibit the sale, purchase, transfer, or manufacture of firearms or ammunition.</p> Signup and view all the answers

    What is the short title of this section, as created by chapter 87-23, Laws of Florida?

    <p>The Joe Carlucci Uniform Firearms Act.</p> Signup and view all the answers

    What is not prohibited by this section?

    <p>Regulations by a duly organized law enforcement agency.</p> Signup and view all the answers

    What is the maximum amount of actual damages that can be awarded to a plaintiff?

    <p>$100,000.</p> Signup and view all the answers

    What is awarded to a prevailing plaintiff, in addition to actual damages?

    <p>Reasonable attorney fees and costs, including a contingency fee multiplier.</p> Signup and view all the answers

    What is prohibited against a firearms or ammunition manufacturer, distributor, or dealer under this section?

    <p>Actions by the state or its agencies for damages or abatement</p> Signup and view all the answers

    Who may not sue for damages, abatement, or injunctive relief against a firearms or ammunition manufacturer, distributor, or dealer?

    <p>A county, municipality, or special district</p> Signup and view all the answers

    What is not deemed a defective condition of a firearm or ammunition?

    <p>The potential of a firearm or ammunition to cause serious injury, damage, or death</p> Signup and view all the answers

    What may a defendant recover from a governmental entity if a civil action is brought in violation of this section?

    <p>All expenses resulting from the action</p> Signup and view all the answers

    What is the purpose of a sport shooting and training range?

    <p>To provide a necessary component of the guarantees of the Second Amendment</p> Signup and view all the answers

    What is not prohibited under this section?

    <p>Actions for breach of contract or warranty</p> Signup and view all the answers

    What may a court award to a defendant if a civil action is brought in violation of this section?

    <p>All expenses resulting from the action</p> Signup and view all the answers

    What is a limitation on the recovery of damages, abatement, or injunctive relief under this section?

    <p>Applies to all actions except for breach of contract or warranty</p> Signup and view all the answers

    What is the purpose of the legislative findings in section 790.333?

    <p>To recognize the existence of sport shooting and training ranges</p> Signup and view all the answers

    What is true about the application of this section?

    <p>It applies to all actions brought on or after the effective date of this section</p> Signup and view all the answers

    Which of the following groups uses shooting ranges for training and practice?

    <p>State and local law enforcement agencies, Fish and Wildlife Conservation Commission hunter safety instructors, school boards, colleges, and universities for reserve officer training corps training, and Olympic competitors</p> Signup and view all the answers

    What is the public policy of the State of Florida regarding firearms?

    <p>To encourage the safe handling and operation of firearms</p> Signup and view all the answers

    Why do environmental management practices need to be implemented at shooting ranges?

    <p>To minimize or eliminate environmental impacts associated with projectiles</p> Signup and view all the answers

    What is the concern about litigation and regulation of sport shooting and training ranges?

    <p>It impairs the ability of residents to ensure safe handling of firearms</p> Signup and view all the answers

    What is the intention of the Legislature regarding sport shooting and training ranges?

    <p>To promote maximum flexibility for implementation of environmental management practices</p> Signup and view all the answers

    What is the consequence of eliminating sport shooting and training ranges?

    <p>It would impair the ability of residents to exercise and practice their constitutional guarantees</p> Signup and view all the answers

    What is the role of the Department of Environmental Protection in relation to shooting ranges?

    <p>To collaborate with shooting range owners and operators to develop best management practices</p> Signup and view all the answers

    What is the purpose of environmental management practices at shooting ranges?

    <p>To avoid or reduce potential environmental impact</p> Signup and view all the answers

    What is the outcome of implementing environmental management practices at shooting ranges?

    <p>It minimizes or eliminates environmental impacts associated with projectiles</p> Signup and view all the answers

    What is the aim of protecting public and private sport shooting or training range owners, operators, users, employees, agents, contractors, customers, lenders, and insurers?

    <p>To protect them from lawsuits and other legal actions</p> Signup and view all the answers

    What is the purpose of providing copies of the Best Management Practices for Environmental Stewardship of Florida Shooting Ranges to owners or operators of sport shooting or training ranges?

    <p>To provide technical assistance with implementing environmental management practices</p> Signup and view all the answers

    What happens when contamination is suspected or identified by a third-party complaint or adjacent property sampling events?

    <p>The department gives 60 days' notice to the sport shooting or training range owner, operator, tenant, or occupant</p> Signup and view all the answers

    What is included in the definition of 'environment'?

    <p>Air, water, surface water, sediment, soil, and groundwater</p> Signup and view all the answers

    What is the role of the department in relation to sport shooting or training ranges?

    <p>To make a good faith effort to provide copies of the Best Management Practices and provide technical assistance</p> Signup and view all the answers

    What is the purpose of environmental management practices?

    <p>To prevent the migration of projectiles and their constituents to ground and surface water</p> Signup and view all the answers

    Who may request assistance with contamination assessment from the department?

    <p>Any owner, operator, tenant, or occupant of sport shooting or training ranges</p> Signup and view all the answers

    What is the intention of the Legislature regarding legal action against sport shooting and training ranges?

    <p>To take legal action only as a last-resort option</p> Signup and view all the answers

    What is included in the definition of 'projectile'?

    <p>Any object expelled, propelled, discharged, shot, or otherwise released from a firearm, BB gun, airgun, or similar device</p> Signup and view all the answers

    What is the role of the department in relation to contamination assessment?

    <p>To assist with or perform contamination assessment</p> Signup and view all the answers

    What is the definition of 'user'?

    <p>Any person, partner, joint venture, business or social entity, or corporation, or any group of the foregoing</p> Signup and view all the answers

    What type of immunity do sport shooting or training range owners and operators have from lawsuits?

    <p>Immunity from lawsuits if they make a good faith effort to comply with subsection (4)</p> Signup and view all the answers

    What happens to claims by the state against sport shooting or training ranges pending in court or before an administrative agency on January 1, 2004?

    <p>They are withdrawn within 90 days after the effective date of this act becoming law</p> Signup and view all the answers

    What is the effect of the termination of cases withdrawn under subsection 6(a) on the defendant's cause of action?

    <p>It has no effect on the defendant's cause of action</p> Signup and view all the answers

    In an action filed in violation of this act, who is liable for the defendant's expenses resulting from such action?

    <p>The governmental body, person, or entity bringing the unlawful action</p> Signup and view all the answers

    What is the relationship between the sport shooting and training range protections provided by this act and other protections provided by general law?

    <p>They are supplemental</p> Signup and view all the answers

    What is not affected by the sport shooting and training range protections provided by this act?

    <p>The private property rights of owners of adjoining property</p> Signup and view all the answers

    What is required for a sport shooting or training range owner or operator to have immunity from lawsuits?

    <p>They must have made a good faith effort to comply with subsection (4)</p> Signup and view all the answers

    What is the purpose of the sport shooting and training range protections provided by this act?

    <p>To provide immunity from lawsuits for sport shooting or training range owners and operators</p> Signup and view all the answers

    What is prohibited for a payment settlement entity or merchant acquiring entity?

    <p>Assigning a merchant category code to a merchant that sells firearms or ammunition</p> Signup and view all the answers

    What is an exception to the prohibition on accumulating or collecting firearm records?

    <p>Records of firearms used in committing a crime</p> Signup and view all the answers

    How long may electronic firearm records be kept by a secondhand dealer?

    <p>30 days after the date of purchase</p> Signup and view all the answers

    What is prohibited for any state governmental agency or local government?

    <p>Accumulating or collecting firearm records</p> Signup and view all the answers

    What is an exception to the prohibition on assigning a merchant category code to a merchant that sells firearms or ammunition?

    <p>Sporting goods retailers</p> Signup and view all the answers

    What is prohibited for an entity involved in facilitating or processing a payment card transaction?

    <p>Requiring a merchant to use a merchant category code that classifies the merchant as a firearms or ammunition retailer</p> Signup and view all the answers

    How long may electronic firearm records be kept by a pawnbroker?

    <p>30 days after the expiration of the loan</p> Signup and view all the answers

    What is an exception to the prohibition on accumulating or collecting firearm records?

    <p>Records of firearms used in committing a crime</p> Signup and view all the answers

    What is prohibited for any person or entity?

    <p>Accumulating or collecting firearm records</p> Signup and view all the answers

    What is an exception to the prohibition on assigning a merchant category code to a merchant that sells firearms or ammunition?

    <p>Sporting goods retailers</p> Signup and view all the answers

    Under what circumstances can secondhand dealers and pawnbrokers electronically submit firearm transaction records?

    <p>To the appropriate law enforcement agencies as required by chapters 538 and 539</p> Signup and view all the answers

    What information can a third-party private provider retain about pawned or purchased firearms?

    <p>Manufacturer, model, serial number, and caliber only</p> Signup and view all the answers

    What happens to the records submitted to the third-party private provider after 30 days?

    <p>They are destroyed</p> Signup and view all the answers

    What is the condition for a third-party provider to receive records of firearms transactions?

    <p>The provider must be exclusively incorporated, owned, and operated in the United States</p> Signup and view all the answers

    What is the penalty for a pawnbroker or secondhand dealer who contracts with a third-party provider other than as provided in this act?

    <p>Felony of the second degree</p> Signup and view all the answers

    What records are kept by the Department of Law Enforcement?

    <p>NCIC transactions and a log of dates of requests for criminal history record checks</p> Signup and view all the answers

    What records are maintained by an insurer as a condition to providing insurance against theft or loss of a firearm?

    <p>Identifying information about the firearm, but not sold or commingled with other records</p> Signup and view all the answers

    What happens to the records maintained by an insurer after the policy of insurance expires or the insured is no longer the owner of the firearm?

    <p>They are destroyed within 60 days</p> Signup and view all the answers

    What records are maintained by a business that stores or acts as the selling agent of firearms on behalf of the lawful owner?

    <p>Records of firearms maintained by the owner</p> Signup and view all the answers

    What records are maintained by an employer or contracting entity of the firearms owned by its officers, employees, or agents?

    <p>Records of firearms used in the course of business</p> Signup and view all the answers

    Within how many calendar days must lists, records, or registries be destroyed after this act becomes law?

    <p>60</p> Signup and view all the answers

    What type of records are not to be compiled, sorted, or otherwise arranged into lists, indexes, or registries of firearms or firearms owners?

    <p>Noncriminal records relating to the receipt, storage or return of firearms</p> Signup and view all the answers

    What can a health care practitioner licensed under chapter 456 not do?

    <p>Discriminate against a patient based solely on their exercise of the constitutional right to own and possess firearms or ammunition</p> Signup and view all the answers

    What is the penalty for violating paragraph (2)(a)?

    <p>Felony of the third degree</p> Signup and view all the answers

    When can an emergency medical technician or paramedic make an inquiry concerning the possession or presence of a firearm?

    <p>If he or she in good faith believes that the information is necessary to treat a patient during a medical emergency</p> Signup and view all the answers

    What is a patient's right regarding questions about firearm ownership?

    <p>To decline to answer questions about firearm ownership</p> Signup and view all the answers

    Who may investigate alleged violations of paragraph (2)(b) or paragraph (2)(c)?

    <p>The Department of Agriculture and Consumer Services</p> Signup and view all the answers

    What must secondhand dealers and pawnbrokers electronically submit to the appropriate law enforcement agencies?

    <p>Firearms transaction records</p> Signup and view all the answers

    What is an insurer prohibited from doing?

    <p>Denying coverage, increasing premiums, or discriminating against an insured or applicant based on lawful firearm or ammunition ownership</p> Signup and view all the answers

    What is the purpose of this section?

    <p>To effectuate its remedial and deterrent purposes</p> Signup and view all the answers

    What is a consequence for violating the provisions of subsections (1)-(4)?

    <p>Disciplinary action under ss. 456.072(2) and 395.1055</p> Signup and view all the answers

    What is the penalty for a governmental entity that compiles, sorts, or otherwise arranges noncriminal records into lists, indexes, or registries of firearms or firearms owners?

    <p>Fine of up to $5 million</p> Signup and view all the answers

    What should a health care practitioner licensed under chapter 456 refrain from doing?

    <p>Unnecessarily harassing a patient about firearm ownership during an examination</p> Signup and view all the answers

    Who can bring a civil cause of action to enforce the fines assessed for compiling, sorting, or otherwise arranging noncriminal records into lists, indexes, or registries of firearms or firearms owners?

    <p>The Attorney General</p> Signup and view all the answers

    Can a health care practitioner licensed under chapter 456 enter information concerning firearm ownership into a patient's medical record?

    <p>Only if it is relevant to the patient's medical care or safety</p> Signup and view all the answers

    What is the role of the state attorney in the appropriate jurisdiction?

    <p>To investigate complaints of criminal violations of this section, except for alleged violations of paragraph (2)(b) or paragraph (2)(c)</p> Signup and view all the answers

    What is the purpose of the medical privacy concerning firearms provisions?

    <p>To protect patients' right to privacy and prevent discrimination based on firearm ownership</p> Signup and view all the answers

    What is the purpose of paragraph (4)(b)?

    <p>To prohibit public funds from being used to defend the unlawful conduct of any person charged with a violation of this section, except as required by s. 16, Art.I of the State Constitution or the Sixth Amendment to the United States Constitution</p> Signup and view all the answers

    What should an insurer consider when setting premiums for scheduled personal property coverage?

    <p>The fair market value of firearms or ammunition</p> Signup and view all the answers

    What is the consequence for violating paragraph (2)(b) or paragraph (2)(c)?

    <p>Administrative fine in the Class III category for each violation</p> Signup and view all the answers

    In what circumstances can the court conduct a hearing by telephone?

    <p>To reasonably accommodate a disability or exceptional circumstances</p> Signup and view all the answers

    What must the court find by clear and convincing evidence before issuing a risk protection order?

    <p>That the respondent poses a significant danger of causing personal injury</p> Signup and view all the answers

    What is one piece of evidence the court may consider when determining whether grounds for a risk protection order exist?

    <p>A recent act or threat of violence by the respondent</p> Signup and view all the answers

    Who may offer evidence or recommendations relating to the cause of action?

    <p>A person, including an officer of the court</p> Signup and view all the answers

    Who can file a petition for a risk protection order?

    <p>Either a law enforcement officer or a law enforcement agency</p> Signup and view all the answers

    What must a person who offers evidence or recommendations do?

    <p>Present the evidence or recommendations in writing to the court with copies to each party</p> Signup and view all the answers

    What must a petition for a risk protection order include?

    <p>An affidavit stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent</p> Signup and view all the answers

    What applies to a hearing under this section?

    <p>The rules of evidence</p> Signup and view all the answers

    Where must an action under this section be filed?

    <p>Either in the county where the respondent resides or the county where the petitioner's law enforcement office is located</p> Signup and view all the answers

    What must the petitioner do with regard to notice to a family or household member of the respondent?

    <p>Make a good faith effort to provide notice to them and include referrals to appropriate resources</p> Signup and view all the answers

    What may the court order during a hearing under this section?

    <p>A mental health evaluation or chemical dependency evaluation</p> Signup and view all the answers

    What happens to the notice of hearing and petition after the clerk of the court receives them?

    <p>They are forwarded to the appropriate law enforcement agency for service upon the respondent</p> Signup and view all the answers

    What is NOT a factor the court may consider when determining whether grounds for a risk protection order exist?

    <p>A history of employment issues</p> Signup and view all the answers

    How long does the court have to hold a hearing after receiving a petition?

    <p>14 days</p> Signup and view all the answers

    What must the court receive before conducting a telephonic hearing?

    <p>Assurances of the respondent's identity</p> Signup and view all the answers

    For how long may a risk protection order be issued?

    <p>Up to 12 months</p> Signup and view all the answers

    What is not allowed in proceedings under this section?

    <p>Charging fees for filing or for service of process to a petitioner seeking relief</p> Signup and view all the answers

    What is a possible outcome of a petition for a risk protection order?

    <p>The issuance of a temporary ex parte risk protection order pending the hearing</p> Signup and view all the answers

    What is not required of a petitioner seeking relief under this section?

    <p>Being represented by an attorney</p> Signup and view all the answers

    What is required to be included in a risk protection order?

    <p>A statement of the grounds supporting the issuance of the order</p> Signup and view all the answers

    What must the respondent do immediately upon issuance of a risk protection order?

    <p>Surrender immediately to the local law enforcement agency all firearms and ammunition owned</p> Signup and view all the answers

    What right does the respondent have in regards to a risk protection order?

    <p>The right to request one hearing to vacate the order</p> Signup and view all the answers

    What must the court inform the respondent of if a risk protection order is issued?

    <p>That they are entitled to request a hearing to vacate the order</p> Signup and view all the answers

    What must the court provide to the respondent if a risk protection order is issued?

    <p>A form to request a hearing to vacate the order</p> Signup and view all the answers

    What must the court do if it denies the petitioner's request for a risk protection order?

    <p>State the particular reasons for the denial</p> Signup and view all the answers

    What is a requirement for the content of a risk protection order?

    <p>A description of the requirements for the surrender of all firearms and ammunition</p> Signup and view all the answers

    What is the purpose of the statement included in the risk protection order?

    <p>To inform the respondent of their obligations and rights</p> Signup and view all the answers

    What is the purpose of section 790.335 of the Florida Statutes?

    <p>To protect the right to keep and bear arms and privacy of law-abiding firearm owners.</p> Signup and view all the answers

    What is prohibited by section 790.335 of the Florida Statutes?

    <p>The keeping or causing to be kept of lists, records, or registries of privately owned firearms.</p> Signup and view all the answers

    What is the penalty for intentionally and maliciously violating the provisions of section 790.335?

    <p>A misdemeanor of the first degree.</p> Signup and view all the answers

    What is the purpose of section 790.336 of the Florida Statutes?

    <p>To regulate the use of firearms at sport shooting and training ranges.</p> Signup and view all the answers

    What is the effect of section 790.336 of the Florida Statutes?

    <p>It supersedes any conflicting provisions of chapter 376 or chapter 403.</p> Signup and view all the answers

    What is the intent of the Legislature in enacting section 790.335?

    <p>To protect the right to keep and bear arms and privacy of law-abiding firearm owners.</p> Signup and view all the answers

    Who is prohibited from keeping or causing to be kept lists, records, or registries of privately owned firearms?

    <p>Any state governmental agency, local government, special district, or other political subdivision, or any other person, public or private</p> Signup and view all the answers

    What is the purpose of the legislative findings in section 790.335?

    <p>To declare that the right to keep and bear arms is guaranteed under both the Second Amendment to the United States Constitution and the State Constitution</p> Signup and view all the answers

    What is the consequence for law-abiding firearm owners whose names have been illegally recorded in a list, record, or registry?

    <p>They are entitled to redress.</p> Signup and view all the answers

    What is the general principle underlying section 790.335?

    <p>The protection of the right to keep and bear arms and privacy of law-abiding firearm owners is essential</p> Signup and view all the answers

    What must a petitioner include in the petition to request a temporary ex parte risk protection order?

    <p>Detailed allegations based on personal knowledge</p> Signup and view all the answers

    What must a court find to issue a temporary ex parte risk protection order?

    <p>Reasonable cause to believe the respondent poses a significant danger</p> Signup and view all the answers

    When must a court hold a temporary ex parte risk protection order hearing?

    <p>On the day the petition is filed or the next business day</p> Signup and view all the answers

    What is the primary purpose of a temporary ex parte risk protection order?

    <p>To prevent the respondent from causing personal injury</p> Signup and view all the answers

    What evidence must a court consider when deciding whether to issue a temporary ex parte risk protection order?

    <p>All relevant evidence, including paragraph (3)(c)</p> Signup and view all the answers

    What is a requirement for a court to issue a temporary ex parte risk protection order?

    <p>A finding of reasonable cause to believe the respondent poses a significant danger</p> Signup and view all the answers

    What information must a temporary ex parte risk protection order include?

    <p>A statement of the grounds asserted for the order</p> Signup and view all the answers

    When does a temporary ex parte risk protection order end?

    <p>After the scheduled hearing</p> Signup and view all the answers

    How must a temporary ex parte risk protection order be served?

    <p>By a law enforcement officer in the same manner as provided for in subsection (5)</p> Signup and view all the answers

    What happens if the court denies the petitioner's request for a temporary ex parte risk protection order?

    <p>The court must state the particular reasons for the denial</p> Signup and view all the answers

    What is the role of the clerk of the court in serving documents?

    <p>To furnish a copy of the notice of hearing, petition, and order to the sheriff</p> Signup and view all the answers

    What takes precedence over the service of other documents?

    <p>The service of documents related to emergencies</p> Signup and view all the answers

    What must be certified by the clerk of the court and delivered to the parties?

    <p>All orders issued, changed, continued, extended, or vacated after the original service of documents</p> Signup and view all the answers

    What happens if a party fails or refuses to acknowledge receipt of a certified copy of an order?

    <p>The clerk shall note on the original order that service was effected</p> Signup and view all the answers

    Who may authorize a law enforcement agency to effect service?

    <p>The chief judge of each circuit, in consultation with the appropriate sheriff</p> Signup and view all the answers

    What is the purpose of a temporary ex parte risk protection order?

    <p>To temporarily prohibit the respondent from possessing firearms and ammunition</p> Signup and view all the answers

    How is service by mail of a certified copy of an order considered complete?

    <p>Upon mailing</p> Signup and view all the answers

    What is the maximum time period for which a risk protection order can be extended?

    <p>12 months</p> Signup and view all the answers

    When can a respondent request a hearing to vacate a risk protection order?

    <p>After the date of the issuance of the order, and after every extension of the order</p> Signup and view all the answers

    What is the burden of proof for the respondent in a hearing to vacate a risk protection order?

    <p>By clear and convincing evidence</p> Signup and view all the answers

    How must the respondent be served in a hearing to extend a risk protection order?

    <p>Personally served in the same manner provided by subsection (5)</p> Signup and view all the answers

    When must the court notify the petitioner of the impending end of a risk protection order?

    <p>At least 30 days before the date the order ends</p> Signup and view all the answers

    What must the court do if the respondent meets their burden of proof in a hearing to vacate a risk protection order?

    <p>Vacate the order</p> Signup and view all the answers

    What is the time period within which a hearing to extend a risk protection order must be held?

    <p>No later than 14 days after the date the motion is received</p> Signup and view all the answers

    What must the law enforcement agency do upon receipt of a court order to vacate a risk protection order?

    <p>Be notified of the court order to vacate the risk protection order</p> Signup and view all the answers

    How must the clerk notify the parties of an order if delivery at the hearing is not possible?

    <p>By certified mail to the last known address of each party</p> Signup and view all the answers

    What must a respondent do upon issuance of a risk protection order under this section?

    <p>Surrender all firearms and ammunition to the local law enforcement agency</p> Signup and view all the answers

    What can a law enforcement officer do if they have probable cause to believe that a respondent has not surrendered all firearms or ammunition?

    <p>Seek a search warrant from a court of competent jurisdiction</p> Signup and view all the answers

    What must a law enforcement officer do when taking possession of surrendered firearms and ammunition?

    <p>Issue a receipt to the respondent identifying the surrendered items</p> Signup and view all the answers

    What happens if a respondent fails to surrender all firearms or ammunition as required by a risk protection order?

    <p>The court determines whether probable cause exists to believe that the respondent has failed to surrender all firearms or ammunition</p> Signup and view all the answers

    What is the purpose of a risk protection order under this section?

    <p>To temporarily restrict the respondent's access to firearms and ammunition</p> Signup and view all the answers

    What must a respondent do if personal service by a law enforcement officer is not possible or is not required?

    <p>Surrender firearms and ammunition to the local law enforcement agency immediately</p> Signup and view all the answers

    What happens to the surrendered firearms and ammunition after the respondent surrenders them?

    <p>They are stored by the law enforcement agency</p> Signup and view all the answers

    What is the timeframe within which a law enforcement officer must file the original receipt with the court after serving the order?

    <p>Within 72 hours</p> Signup and view all the answers

    What must the law enforcement agency do after receiving a copy of a risk protection order issued under this section?

    <p>Enter the order into the Florida Crime Information Center and National Crime Information Center</p> Signup and view all the answers

    What is the purpose of the receipt issued by the law enforcement officer when taking possession of surrendered firearms and ammunition?

    <p>To identify the surrendered items and provide a copy to the respondent</p> Signup and view all the answers

    What can the court do if it finds probable cause to believe that the respondent has failed to surrender all firearms or ammunition?

    <p>Issue a warrant describing the firearms or ammunition owned by the respondent and authorizing a search</p> Signup and view all the answers

    What happens to a respondent's license to carry a concealed weapon or firearm if a risk protection order is issued against them?

    <p>It is suspended immediately</p> Signup and view all the answers

    What is the penalty for a person who makes a false statement under oath in a hearing under this section?

    <p>Felony of the third degree</p> Signup and view all the answers

    What must the clerk of the court do within 24 hours after issuance of a risk protection order or temporary ex parte risk protection order?

    <p>Forward a copy of the order to the law enforcement agency</p> Signup and view all the answers

    What is the purpose of a risk protection order?

    <p>To prevent a respondent from accessing firearms and ammunition</p> Signup and view all the answers

    What happens to a risk protection order when it is vacated?

    <p>It is removed from the Florida Crime Information Center and National Crime Information Center</p> Signup and view all the answers

    What must a person who is chosen to store firearms and ammunition for a respondent do?

    <p>Store the firearms and ammunition in a manner that does not allow the respondent to access or control them</p> Signup and view all the answers

    What is the penalty for a person who has in their custody or control a firearm or ammunition with knowledge that they are prohibited from doing so by an order issued under this section?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the purpose of the clerk of the court forwarding a copy of an order to the Department of Agriculture and Consumer Services?

    <p>To suspend the respondent's license to carry a concealed weapon or firearm</p> Signup and view all the answers

    What does not affect the ability of a law enforcement officer to remove a firearm or ammunition or license to carry a concealed weapon or concealed firearm from any person?

    <p>Other lawful authority</p> Signup and view all the answers

    If a person claims title to firearms surrendered by the respondent, what must they do to get them back?

    <p>Show proof of ownership and agree to store the firearms in a manner that prevents the respondent from accessing them</p> Signup and view all the answers

    What happens when a risk protection order is vacated or ends without extension?

    <p>The law enforcement agency returns the surrendered firearms and ammunition after confirming the respondent's eligibility</p> Signup and view all the answers

    What is the purpose of the background check conducted by the law enforcement agency?

    <p>To confirm the respondent's eligibility to own firearms and ammunition under federal and state law</p> Signup and view all the answers

    What happens to unclaimed firearms and ammunition surrendered by a respondent after one year?

    <p>They are disposed of according to the law enforcement agency's policies and procedures</p> Signup and view all the answers

    Under which circumstances would a person or entity not be liable for acts or omissions related to obtaining a risk protection order or temporary ex parte risk protection order?

    <p>As provided in subsection (8) or subsection (11).</p> Signup and view all the answers

    What is the purpose of the instructions developed by the Office of the State Courts Administrator?

    <p>To assist petitioners in completing the petition and identifying firearms or ammunition.</p> Signup and view all the answers

    What is the requirement for a respondent to transfer their surrendered firearms and ammunition?

    <p>They must transfer them to another person who is willing to receive them</p> Signup and view all the answers

    What must be included in the risk protection order form?

    <p>A statement of criminal penalties resulting from violation of the order.</p> Signup and view all the answers

    When can a law enforcement agency return a surrendered license to carry a concealed weapon or firearm?

    <p>After the risk protection order is vacated or ends without extension, and the respondent passes a background check</p> Signup and view all the answers

    What is the purpose of the notice provided by the law enforcement agency?

    <p>To notify family or household members of the respondent before the return of surrendered firearms and ammunition</p> Signup and view all the answers

    Who may create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources?

    <p>Any clerk of court.</p> Signup and view all the answers

    What happens when a risk protection order is issued?

    <p>The court orders a new hearing date and requires the respondent to appear no later than 3 business days after the issuance of the order</p> Signup and view all the answers

    What is the purpose of the court staff handbook?

    <p>To allow for the addition of a community resource list by the clerk of the court.</p> Signup and view all the answers

    What is the requirement for a law enforcement agency regarding the acceptance, storage, and return of firearms, ammunition, or licenses?

    <p>They must develop policies and procedures regarding the acceptance, storage, and return of firearms, ammunition, or licenses</p> Signup and view all the answers

    In what format must the Office of the State Courts Administrator distribute the petition and order forms, instructions, and informational brochures to the clerks of court?

    <p>Electronic format or formats accessible to all courts and clerks of court.</p> Signup and view all the answers

    Why must the Office of the State Courts Administrator prepare instructions and informational brochures in languages other than English?

    <p>To accommodate significant non-English-speaking or limited English-speaking populations in the state.</p> Signup and view all the answers

    What is the consequence for failing to comply with a risk protection order?

    <p>The respondent is subject to criminal penalties</p> Signup and view all the answers

    What is the purpose of the informational brochure?

    <p>To describe the use of and the process for obtaining, extending, and vacating a risk protection order.</p> Signup and view all the answers

    Who must develop and prepare instructions and informational brochures, standard petitions and risk protection order forms, and a court staff handbook?

    <p>The Office of the State Courts Administrator.</p> Signup and view all the answers

    What must the instructions include to assist petitioners in identifying firearms or ammunition?

    <p>Pictures of types of firearms and ammunition that the petitioner may choose from to identify the relevant firearms or ammunition.</p> Signup and view all the answers

    Study Notes

    Definitions

    • "Ammunition" means an object consisting of a fixed metallic or nonmetallic hull or casing containing a primer, one or more projectiles, one or more bullets, or shot, and gunpowder.
    • "Antique firearm" means any firearm manufactured in or before 1918, or a replica thereof, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
    • "Concealed firearm" means any firearm carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
    • "Destructive device" means any bomb, grenade, mine, rocket, missile, pipe bomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas.

    Licensing and Permitting

    • A person is authorized to carry a concealed weapon or firearm if they are licensed under s. 790.06 or if they satisfy the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10).
    • Nonresidents of Florida may carry a concealed weapon or firearm while in this state if they satisfy the criteria for receiving and maintaining a license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10), or if they have a valid license to carry a concealed weapon or firearm issued in their state of residence.

    Exemptions

    • Law enforcement officers are exempt from the licensing and penal provisions of this chapter when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty.
    • Off-duty law enforcement officers have the right to carry concealed firearms during off-duty hours, at the discretion of their superior officers, and may perform those law enforcement functions that they normally perform during duty hours.

    Prohibitions and Penalties

    • Carrying a concealed weapon or firearm without a license is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    • Carrying a concealed firearm without a license is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    • Using a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing stun gun against a law enforcement officer engaged in the performance of his or her duties is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.### Concealed Weapon or Concealed Firearm License
    • Definition: A concealed weapon or concealed firearm means a handgun, electric weapon or device, tear gas gun, knife, or billie, but does not include a machine gun.
    • The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to qualified persons.

    Eligibility Requirements

    • Must be a resident of the United States and a citizen of the United States or a permanent resident alien of the United States.
    • Must be 21 years of age or older.
    • Must not suffer from a physical infirmity that prevents the safe handling of a weapon or firearm.
    • Must not be ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony.
    • Must not have been:
      • Found guilty of a crime under chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted.
      • Committed for the abuse of a controlled substance under chapter 397 or under similar laws of any other state.
    • Must not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired.
    • Must desire a legal means to carry a concealed weapon or concealed firearm for lawful self-defense.
    • Must demonstrate competence with a firearm by completing a hunter education or hunter safety course, a firearms safety or training course, or having equivalent experience with a firearm.
    • Must not have been adjudicated an incapacitated person under s. 744.331 or similar laws of any other state.
    • Must not have been committed to a mental institution under chapter 394 or similar laws of any other state.
    • Must not be prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.

    Application Requirements

    • The application must be completed, under oath, on a form adopted by the Department of Agriculture and Consumer Services.
    • The application must include:
      • The name, address, place of birth, date of birth, and race of the applicant.
      • A statement that the applicant is in compliance with the eligibility requirements.
      • A statement that the applicant has been furnished a copy of or a website link to this chapter and is knowledgeable of its provisions.
      • A conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under s. 837.06.
    • The applicant must submit to the Department of Agriculture and Consumer Services:
      • A completed application.
      • A nonrefundable license fee of up to 55iftheapplicanthasnotpreviouslybeenissuedastatewidelicense,orupto55 if the applicant has not previously been issued a statewide license, or up to 55iftheapplicanthasnotpreviouslybeenissuedastatewidelicense,orupto45 for renewal of a statewide license.
      • A full set of fingerprints of the applicant administered by a law enforcement agency or the Division of Licensing of the Department of Agriculture and Consumer Services.
      • A photocopy of a certificate, affidavit, or document as described in paragraph (2)(h).
      • A full frontal view color photograph of the applicant taken within the preceding 30 days.

    Processing and Issuance of License

    • The Department of Agriculture and Consumer Services shall forward the full set of fingerprints of the applicant to the Department of Law Enforcement for state and federal processing.
    • The Department of Agriculture and Consumer Services shall issue the license within 90 days after the date of receipt of the application, or deny the application based solely on the ground that the applicant fails to qualify under the eligibility requirements.
    • A consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States must be issued a license within 20 days after the date of receipt of a completed application.

    Use and Validity of License

    • A license issued under this section shall be valid throughout the state for 7 years after the date of issuance.
    • A licensee must carry valid identification at all times in which the licensee is in actual possession of a concealed weapon or concealed firearm and must display such identification upon demand by a law enforcement officer.

    Suspension and Revocation of License

    • A license issued under this section shall be suspended or revoked pursuant to chapter 120 if the licensee:
      • Is found to be ineligible under the eligibility requirements.
      • Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm.
      • Is convicted of a felony which would make the licensee ineligible to possess a firearm pursuant to s. 790.23.
      • Is found guilty of a crime under chapter 893, or similar laws of any other state, relating to controlled substances.
      • Is committed as a substance abuser under chapter 397, or is deemed a habitual offender under s. 856.011(3), or similar laws of any other state.
      • Is convicted of a second violation of s. 316.193, or a similar law of another state, within 3 years after a first conviction of such section or similar law of another state.
      • Is adjudicated an incapacitated person under s. 744.331, or similar laws of any other state.
      • Is committed to a mental institution under chapter 394, or similar laws of any other state.

    Concealed Weapon and Firearm Licenses

    • A license to carry a concealed weapon or firearm must be given by certified mail, return receipt requested, to the licensee's last known mailing address or by personal service.
    • If a notice is returned as undeliverable, a second attempt must be made to provide notice to the licensee.
    • A request for a hearing must be filed within 21 days after notice is received by personal delivery or within 26 days after the department deposits the notice in the United States mail.

    Renewal of Licenses

    • At least 90 days before the expiration date of the license, the Department of Agriculture and Consumer Services shall mail a written notice of the expiration and a renewal form to each licensee.
    • The licensee must renew their license on or before the expiration date by filing a renewal form, color photograph, and payment of fees with the department.
    • A late fee of $15 is required if the license is not renewed on or before the expiration date.
    • A license may not be renewed 180 days or more after its expiration date and is deemed to be permanently expired.

    Prohibited Places

    • A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into certain places, including:
      • Places of nuisance as defined in s. 823.05
      • Police, sheriff, or highway patrol stations
      • Detention facilities, prisons, or jails
      • Courthouses
      • Polling places
      • Meetings of the governing body of a county, public school district, municipality, or special district
      • School, college, or professional athletic events not related to firearms
      • Elementary or secondary school facilities or administration buildings
      • Portions of establishments licensed to dispense alcoholic beverages
      • The inside of the passenger terminal and sterile area of any airport
      • Places where the carrying of firearms is prohibited by federal law

    Exceptions

    • A license issued under this section is not required for:
      • Judges and justices, who are not required to comply with the provisions of s. 790.06
      • Servicemembers and veterans of the United States Armed Forces, who are exempt from certain provisions of s. 790.06

    Public Records Exemption

    • Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm is confidential and exempt from public records laws.
    • Such information may be disclosed with the express written consent of the applicant or licensee, by court order, or upon request by a law enforcement agency.

    Appointment of Tax Collectors

    • The Department of Agriculture and Consumer Services may appoint tax collectors to accept applications for concealed weapon or firearm licenses.
    • Tax collectors may collect and retain a convenience fee of 22foreachnewapplicationand22 for each new application and 22foreachnewapplicationand12 for each renewal application.
    • All personal identifying information provided pursuant to s. 790.06 and contained in the records of a tax collector is confidential and exempt from public records laws.### Criminal History Checks
    • The Department of Law Enforcement must conduct criminal history checks for firearm purchases and transfers.
    • The Department must review records to determine if the potential buyer or transferee:
      • Has been convicted of a felony and is prohibited from receipt or possession of a firearm.
      • Has been convicted of a misdemeanor crime of domestic violence.
      • Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence.
      • Has been adjudicated mentally defective or has been committed to a mental institution.
    • The Department must also review records to determine if the potential buyer or transferee has been indicted or had an information filed against them for a felony, or if they have had an injunction for protection against domestic violence or repeat violence entered against them.

    Adjudicated Mentally Defective or Committed to a Mental Institution

    • A person who has been adjudicated mentally defective or committed to a mental institution may petition the court for relief from firearm disabilities.
    • The petition must be served on the state attorney, who may object to the petition and present evidence.
    • The court must make written findings of fact and conclusions of law on the issues before it and issue a final order.
    • If the final order denies relief, the petitioner may not petition again for relief from firearm disabilities until 1 year after the date of the final order.

    Confidentiality of Records

    • Records containing information about a buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm are confidential and exempt from public records laws.
    • The Department of Law Enforcement must destroy such records within 48 hours after communicating the approval and nonapproval numbers to the licensee.

    Penalties

    • Any officer or employee, or former officer or employee of the Department of Law Enforcement or law enforcement agency who intentionally and maliciously violates the provisions of this section commits a felony of the third degree.

    Toll-Free Telephone Number

    • The Department of Law Enforcement must establish a toll-free telephone number for licensed manufacturers, licensed importers, and licensed dealers to inquire about criminal history records checks.
    • The telephone number must be operational 7 days a week, except for Christmas Day and New Year's Day, for 12 hours a day.### Firearm Regulations
    • The Department of Law Enforcement must promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided.
    • A licensed importer, manufacturer, or dealer is not required to comply with the requirements of this section in the event of unavailability of telephone service or failure of the Department of Law Enforcement to comply with the requirements.

    Compliance Defense

    • Compliance with the provisions of this chapter is a complete defense to any claim or cause of action under the laws of any state for liability for damages arising from the importation or manufacture, or the subsequent sale or transfer to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year, of any firearm.

    Penalties for Violations

    • Any potential buyer or transferee who willfully and knowingly provides false information or false or fraudulent identification commits a felony of the third degree.
    • Any licensed importer, manufacturer, or dealer who violates the provisions of subsection (1) commits a felony of the third degree.
    • Any employee or agency of a licensed importer, manufacturer, or dealer who violates the provisions of subsection (1) commits a felony of the third degree.
    • Any person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree.

    Age Restriction

    • A person younger than 21 years of age may not purchase a firearm.
    • The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, manufacturer, or dealer.

    Exemptions

    • Employees of sheriff’s offices, municipal police departments, correctional facilities or agencies, or other criminal justice or governmental agencies are exempt when the purchases or transfers are made on behalf of an employing agency for official law enforcement purposes.
    • Law enforcement officers or correctional officers, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or servicemembers as defined in s. 250.01 are exempt from the mandatory waiting period.

    Mandatory Waiting Period

    • A mandatory waiting period of 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks required under s. 790.065, whichever occurs later, is imposed between the purchase and delivery of a firearm.
    • The waiting period does not apply in the following circumstances:
      • When a firearm is being purchased by a holder of a concealed weapons or concealed firearms license issued under s. 790.06.
      • To a trade-in of another firearm.
      • To the purchase of a rifle or shotgun, upon a person’s successfully completing a minimum of a 16-hour hunter safety course and possessing a hunter safety certification card issued under s. 379.3581.

    Florida Statutes: Weapons and Firearms

    790.07 - Persons Engaged in Criminal Offense with Weapons

    • A person who commits or attempts to commit a felony while displaying, using, threatening, or attempting to use a weapon or electric weapon is guilty of a felony of the third degree.
    • If the person displays, uses, threatens, or attempts to use a firearm, it is a felony of the second degree.
    • Exceptions to this section include antitrust violations, unfair trade practices, restraints of trade, nonsupport of dependents, bigamy, and other similar offenses.

    790.08 - Possession of Weapons and Arms

    • If a person is arrested under section 790.07, the officer must take possession of any weapons found on the person arrested.
    • If the person is convicted, the weapons become forfeited to the state.
    • If the person is acquitted, the weapons must be returned to them within 60 days.

    790.09 - Manufacturing or Selling Metallic Knuckles

    • It is a misdemeanor of the second degree to manufacture or sell metallic knuckles.

    790.10 - Improper Exhibition of Dangerous Weapons or Firearms

    • It is a misdemeanor of the first degree to exhibit a weapon or firearm in a rude, careless, angry, or threatening manner.

    790.115 - Possessing or Discharging Weapons or Firearms at a School-Sponsored Event or on School Property

    • It is a felony of the third degree to possess any weapon or firearm on school property or at a school-sponsored event.
    • Exceptions include authorized school-sanctioned activities, such as firearms programs or classes.
    • It is also a felony of the third degree to discharge a weapon or firearm at a school-sponsored event or on school property.

    790.15 - Discharging Firearm in Public or on Residential Property

    • It is a misdemeanor of the first degree to discharge a firearm in a public place or on residential property.
    • Exceptions include lawfully defending life or property, performing official duties, or discharging a firearm on public roads or properties approved for hunting.

    790.151 - Using Firearm While Under the Influence

    • It is unlawful to use a firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances.
    • "Using a firearm" means discharging a firearm or having a firearm readily accessible for immediate discharge.
    • It is a misdemeanor of the second degree to violate this section.

    790.153 - Tests for Impairment or Intoxication

    • Any person who uses a firearm within this state shall submit to an approved chemical or physical breath test or urine test to determine impairment or intoxication.
    • The refusal to submit to a test is admissible into evidence in any criminal proceeding.### Florida Statutes - Chapter 790

    790.155 Blood Test for Impairment or Intoxication

    • If a law enforcement officer has probable cause to believe that a firearm used by a person under the influence of alcoholic beverages or controlled substances has caused death or serious bodily injury, the person must submit to a blood test to determine the alcoholic content or presence of controlled substances
    • The law enforcement officer can use reasonable force if necessary to require the person to submit to the blood test
    • The blood test must be performed in a reasonable manner
    • "Serious bodily injury" means a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ

    790.157 Presumption of Impairment; Testing Methods

    • It is unlawful and punishable to use a firearm while under the influence of alcoholic beverages or controlled substances to the extent that normal faculties are impaired
    • Upon trial, the results of any test administered to determine impairment, including blood tests, are admissible into evidence
    • The amount of alcohol in the person's blood at the time of the alleged incident gives rise to the following presumptions:
      • 0.05% or less: not under the influence
      • More than 0.05% but less than 0.10%: no presumption
      • 0.10% or more: under the influence
    • Any insubstantial differences between approved techniques and actual testing procedures do not render the test or test results invalid

    790.16 Discharging Machine Guns; Penalty

    • It is unlawful to shoot or discharge any machine gun in certain public places, including roads, streets, highways, parks, and public buildings
    • Discharging a machine gun with intent to do bodily harm or damage property is a felony of the first degree, punishable by life imprisonment
    • Exceptions apply to use by United States or state militia or law enforcement officers while in the discharge of their lawful duty

    790.161 Making, Possessing, Throwing, Projecting, Placing, or Discharging Destructive Devices

    • It is a felony to make, possess, throw, project, place, or discharge any destructive device
    • Penalties vary depending on intent and resulting harm:
      • Third-degree felony: no harm or damage
      • Second-degree felony: with intent to do bodily harm or damage
      • First-degree felony: resulting in bodily harm or property damage
      • Capital felony: resulting in death

    790.1612 Authorization for Governmental Manufacture, Possession, and Use of Destructive Devices

    • The governing body of a municipality or county and the Division of State Fire Marshal have the power to authorize the manufacture, possession, and use of destructive devices### Weapon of Mass Destruction
    • A weapon of mass destruction is defined as a device or object designed to cause death or serious bodily injury to humans or animals through the release of toxic or poisonous chemicals, biological agents, or radioactive materials.
    • It can also be an inoperative facsimile or imitation of such a device.
    • Biological agents are microorganisms, viruses, or infectious substances that can cause death, disease, or biological malfunction in humans, animals, or plants.
    • Toxins are poisonous substances or biological products produced by living organisms or through biotechnology.
    • A delivery system is a means of delivering or disseminating a biological agent or toxin.

    Prohibited Actions

    • Manufacturing, possessing, selling, delivering, displaying, using, or attempting to use a weapon of mass destruction is prohibited and punishable as a felony of the first degree.
    • Threatening to use or conspiring to use a weapon of mass destruction is also prohibited and punishable as a felony of the first degree.
    • Manufacturing, possessing, selling, delivering, mailing, displaying, using, or attempting to use a hoax weapon of mass destruction is prohibited and punishable as a felony of the second degree.

    Exceptions

    • Members or employees of the Armed Forces, federal or state governmental agencies, or private entities are exempt from this section if they are authorized or licensed to manufacture, possess, sell, deliver, display, or use weapons of mass destruction in the course of their employment.
    • Devices that emit smoke or an offensive, noxious, or irritant liquid, powder, gas, or chemical for self-protection or lawful use are not considered weapons of mass destruction.

    Penalties

    • Conviction of a violation of this section can result in imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
    • If death results, the conviction is punishable as a capital felony.
    • Adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld for a violation of this section.
    • The state attorney may move the sentencing court to reduce or suspend the sentence of a person convicted of a violation of this section who provides substantial assistance in the identification, arrest, or conviction of accomplices, accessories, coconspirators, or principals.
    • A person convicted of a violation of this section may be required to pay restitution for all costs and damages arising from the criminal conduct.

    Juvenile Offenders and Firearms

    • A law enforcement agency may release for publication the name and address of a child who has been convicted of any offense involving possession or use of a firearm.

    Furnishing Weapons to Minors

    • It is a misdemeanor of the first degree to sell, hire, barter, lend, transfer, or give any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parent or guardian.
    • It is a felony of the third degree to sell or transfer a firearm to a minor under 18 years of age, except with permission of the parent or guardian.

    Safe Storage of Firearms

    • A person who stores or leaves a loaded firearm on their premises, knowing that a minor is likely to gain access to the firearm without lawful permission, must keep the firearm in a securely locked box or container or with a trigger lock.
    • Failure to store a firearm in this manner, resulting in a minor gaining access to the firearm, is a misdemeanor of the second degree.

    Transfer or Sale of Firearms

    • Upon the retail commercial sale or transfer of a firearm, the seller or transferor must deliver a written warning to the purchaser or transferee, stating that it is unlawful to store or leave a firearm in the reach or easy access of a minor under 18 years of age or to knowingly sell or transfer ownership or possession of a firearm to a minor.
    • Any person or business that knowingly violates this requirement commits a misdemeanor of the second degree.

    Sale or Transfer of Arms to Minors by Dealers

    • It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle, or other repeating rifle, bowie knife or dirk knife, brass knuckles, or electric weapon or device.
    • Violation of this section is a felony of the second degree.

    Use of Firearms by Minors

    • It is prohibited for any minor under 16 years of age to use or have in their possession any BB gun, air or gas-operated gun, or electric weapon or device, unless under the supervision and in the presence of an adult who is acting with the consent of the minor's parent.

    • A minor under 18 years of age may not possess a firearm, unless they are engaged in a lawful hunting activity or lawful marksmanship competition or practice, and are either at least 16 years of age or supervised by an adult.

    • Violation of this section is a misdemeanor of the first degree for a first offense and a felony of the third degree for a second or subsequent offense.### History of Firearms Laws

    • The chapter 790 of Florida Statutes has undergone several changes since 1955, with amendments in 1963, 1969, 1971, 1973, 1976, 1983, 1985, 1988, 1993, 1995, 1996, 1998, 1999, 2002, 2003, 2004, 2006, 2008, 2012, 2016, 2019, 2022, and 2023.

    Bump-Fire Stocks

    • It is prohibited to import, transfer, distribute, sell, offer for sale, possess, or give to another person a bump-fire stock.
    • Violating this section is a felony of the third degree.

    Ballistic Self-Propelled Knives

    • It is unlawful to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife.
    • A ballistic self-propelled knife is a device that propels a knife-like blade as a projectile.
    • Violating this section is a misdemeanor of the first degree.

    Felons and Delinquents

    • It is unlawful for a person to own or have in their care, custody, possession, or control any firearm, ammunition, or electric weapon or device if they have been:
      • Convicted of a felony in the courts of this state.
      • Found to have committed a delinquent act that would be a felony if committed by an adult and are under 24 years of age.
      • Convicted of or found to have committed a crime against the United States which is designated as a felony.
      • Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and are under 24 years of age.
    • This section does not apply to a person whose civil rights and firearm authority have been restored.
    • Violating this section is a felony of the second degree.

    Possession of Firearm or Ammunition

    • It is unlawful for a person to possess a firearm or ammunition if they have been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, stalking, or cyberstalking.
    • Violating this section is a misdemeanor of the first degree.

    Violent Career Criminal

    • It is unlawful for a violent career criminal to own or have in their care, custody, possession, or control any firearm, ammunition, or electric weapon or device.
    • Violating this section is a felony of the first degree.
    • A person convicted of a violation of this section shall be sentenced to a mandatory minimum of 15 years' imprisonment.

    Report of Medical Treatment

    • Any physician, nurse, or employee thereof, and any employee of a hospital, sanitarium, clinic, or nursing home, must report to the sheriff's department any person suffering from a gunshot wound or life-threatening injury indicating an act of violence.
    • Violating this section is a misdemeanor of the first degree.

    Lawful Ownership and Possession of Firearms

    • The following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
      • Members of the Militia, National Guard, Florida State Guard, Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, and other armed forces.
      • Citizens of this state subject to duty in the Armed Forces.
      • Persons carrying out or training for emergency management duties.
      • Sheriffs, marshals, prison or jail wardens, police officers, and other peace and law enforcement officers.
      • Officers or employees of the state or United States duly authorized to carry a concealed weapon or firearm.
      • Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions.
      • Regularly enrolled members of any organization duly authorized to purchase or receive weapons or firearms.
      • A person engaged in fishing, camping, or lawful hunting.
      • A person engaged in the business of manufacturing, repairing, or dealing in firearms.
      • A person discharging a weapon or firearm for testing or target practice.
      • A person traveling in a public conveyance when the weapon or firearm is securely encased.
      • A person possessing weapons or firearms at their home or place of business.
      • Investigators employed by the several public defenders of the state, while actually carrying out official duties.
      • Investigators employed by the capital collateral regional counsel, while actually carrying out official duties.
      • Tactical medical professionals who are actively operating in direct support of a tactical operation by a law enforcement agency.

    Possession in Private Conveyance

    • A person 18 years of age or older who is in lawful possession of a handgun or other weapon may possess such a handgun or weapon within the interior of a private conveyance if the handgun or weapon is securely encased or otherwise not readily accessible for immediate use.

    Protection of the Right to Keep and Bear Arms

    • A person who is authorized to carry a concealed weapon or concealed firearm may keep a firearm or ammunition in their motor vehicle if they are parked in a permitted parking area.

    • An employer may not prohibit any customer, employee, or invitee from possessing a firearm or ammunition that is out of sight and locked within a motor vehicle in a permitted parking area.

    • An employer may not search the motor vehicle of a customer, employee, or invitee to determine if the motor vehicle contains a firearm or ammunition.

    • A person who is authorized to carry a concealed weapon or concealed firearm may bring the firearm or ammunition onto the premises of a public or private employer, but must keep the firearm or ammunition in a locked motor vehicle.### Definitions

    • An "invitee" refers to any business invitee, including customers or visitors, who are lawfully on the premises of a public or private employer.

    • A "firearm" includes ammunition and accoutrements attendant to the lawful possession and use of a firearm.

    Legislative Intent and Findings

    • The state of Florida has a long-standing legislative policy that individual citizens have a constitutional right to keep and bear arms.
    • Citizens have a constitutional right to possess and keep legally owned firearms within their motor vehicles for self-defense and other lawful purposes.
    • The rights of citizens to keep and bear arms are not abrogated by virtue of becoming a customer, employee, or invitee of a business entity.
    • Lawful possession, transportation, and secure keeping of firearms and ammunition within one's motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the constitutional right of self-defense.

    Prohibited Acts

    • No public or private employer may violate the constitutional rights of any customer, employee, or invitee.
    • Employers may not prohibit customers, employees, or invitees from possessing legally owned firearms when lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot.
    • Employers may not violate the privacy rights of customers, employees, or invitees by verbal or written inquiry regarding the presence of a firearm inside or locked to a private motor vehicle in a parking lot.
    • Employers may not take any action against customers, employees, or invitees based on verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking lot for lawful purposes.
    • Employers may not condition employment upon an employee's authorization to carry a concealed weapon or concealed firearm.
    • Employers may not prohibit or attempt to prevent customers, employees, or invitees from entering the parking lot of the employer's place of business because the customer's, employee's, or invitee's private motor vehicle contains a legal firearm being carried for lawful purposes.
    • Employers may not terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee for exercising their constitutional right to keep and bear arms or for exercising the right of self-defense.

    Duty of Care of Employers

    • Public and private employers have no duty of care related to prohibited actions under subsection (4)
    • Employers are not liable in civil actions due to actions or inactions taken in compliance with this section
    • Immunity from liability does not apply to civil actions based on actions or inactions unrelated to compliance with this section
    • This section does not expand or create any additional duty on employers, property owners, or agents

    Enforcement

    • The Attorney General enforces the protections of this act on behalf of customers, employees, or invitees
    • If there is reasonable cause to believe rights under this act have been violated, the Attorney General may commence a civil or administrative action
    • Any person aggrieved under this act may bring a civil action for violation of rights protected under this act

    Exceptions

    • Prohibitions in subsection (4) do not apply to:
      • School property
      • Correctional institutions
      • Nuclear-powered electricity generation facilities
      • Property related to national defense, aerospace, or homeland security
      • Property related to the manufacture, use, storage, or transportation of combustible or explosive materials
      • Motor vehicles owned, leased, or rented by employers or landlords
      • Property where possession of firearms or other legal products is prohibited under federal law or contract

    Public Service Announcements

    • The Department of Health prepares public service announcements on the provisions of chapter 93-416, Laws of Florida

    Alteration or Removal of Firearm Serial Number

    • It is unlawful to knowingly alter or remove a firearm's serial number with intent to disguise its true identity
    • Violators are guilty of a felony of the third degree
    • It is also unlawful to sell, deliver, or possess a firearm with an altered or removed serial number, punishable as a misdemeanor of the first degree
    • This section does not apply to antique firearms

    Paramilitary Training

    • This act is known as the "State Antiparamilitary Training Act"
    • It is unlawful to teach or demonstrate the use of firearms, destructive devices, or techniques capable of causing injury or death with the intent to use them in a civil disorder
    • Violators are guilty of a felony of the third degree
    • This section does not apply to law enforcement officers performing official duties or to the training or teaching of weapons for hunting, recreation, competition, self-defense, or protection of person or property

    Armor-Piercing or Exploding Ammunition

    • It is unlawful to manufacture, sell, offer for sale, or deliver armor-piercing or exploding ammunition
    • Violators are guilty of a felony of the third degree
    • It is also unlawful to possess armor-piercing or exploding ammunition with knowledge of its capabilities loaded in a firearm
    • This section does not apply to law enforcement officers or the manufacture of such ammunition exclusively for sale or delivery to law enforcement agencies

    Field of Regulation of Firearms and Ammunition

    • The state occupies the whole field of regulation of firearms and ammunition, preempting local ordinances or regulations
    • Any existing or future local ordinances or regulations are null and void
    • This section is intended to provide uniform firearms laws in the state and to deter and prevent the violation of rights related to firearms

    Prohibition of Civil Actions

    • A legal action against a firearms or ammunition manufacturer, distributor, or dealer is prohibited, except for breach of contract or warranty or injuries resulting from a defect in the design or manufacture of a firearm or ammunition

    • A county, municipality, special district, or other political subdivision or agency of the state may not sue for damages, abatement, or injunctive relief arising from the lawful design, marketing, distribution, or sale of firearms or ammunition### Sport Shooting and Training Range Protection

    • Over 400 sport shooting and training ranges exist on public and private lands throughout Florida.

    • These ranges are essential for the guarantees of the Second Amendment to the United States Constitution and of s. 8, Art.I of the State Constitution.

    Importance of Ranges

    • Ranges are used by various groups, including:
      • State and local law enforcement agencies for training and qualification
      • Fish and Wildlife Conservation Commission hunter safety instructors
      • School boards, colleges, and universities for reserve officer training corps training
      • School shooting teams
      • Olympic competitors
      • Certified instructors teaching safe firearm handling

    Environmental Concerns

    • Projectiles are integral to range activity and can accumulate in the environment over time.
    • The impact of projectile accumulation on the environment depends on site-specific factors.
    • Environmental management practices can be implemented to minimize potential environmental impacts.
    • The Department of Environmental Protection has developed shooting range best management practices to minimize adverse environmental impacts.

    Legislative Intent

    • The Legislature aims to protect sport shooting and training ranges from lawsuits and legal actions.
    • The intent is to promote flexibility in implementing environmental management practices and risk-based corrective action.
    • Legal action against ranges should be a last-resort option, with reasonable efforts made to resolve disputes through compliance assistance, negotiations, and alternative dispute resolution.

    Definitions

    • "Department" refers to the Department of Environmental Protection.
    • "Operator" means any person who operates or has operated a sport shooting or training range.
    • "Owner" means any person who owns or has owned a sport shooting or training range or any interest therein.
    • "Projectile" includes any object expelled from a firearm, BB gun, airgun, or similar device.
    • "Environmental management practices" include control and containment of projectiles, prevention of migration to ground and surface water, and documentation of actions taken.

    Duties and Responsibilities

    • The department shall provide copies of the Best Management Practices for Environmental Stewardship of Florida Shooting Ranges to range owners and operators.
    • Range owners and operators are responsible for implementing situation-appropriate environmental management practices.
    • If contamination is suspected or identified, range owners or operators may request assistance from the department with contamination assessment and remediation.

    Sport Shooting and Training Range Protection

    • Immunity from lawsuits and legal actions related to the use, release, or accumulation of projectiles on or near sport shooting or training ranges
    • Applies to owners, operators, employees, agents, contractors, customers, lenders, insurers, or users of sport shooting or training ranges
    • Protection is supplemental to other protections provided by general law
    • Nothing in this act impairs or diminishes private property rights of owners of property adjoining a sport shooting or training range

    Withdrawals of Claims and Recovery of Expenses and Attorney's Fees

    • All claims against sport shooting or training ranges pending in court or before administrative agencies must be withdrawn within 90 days after the effective date of this act
    • Defendants can recover expenses and attorney's fees from the governmental body or person bringing the action

    Penalties

    • Officials, agents, or employees of a county, municipality, or other political subdivision who violate this section commit a misdemeanor of the first degree
    • Penalties are punishable as provided in ss. 775.082 and 775.083

    Preemption

    • The Legislature occupies the whole field of regulation of firearms and ammunition use at sport shooting and training ranges
    • Any conflicting provisions of chapter 376 or chapter 403 are superseded

    Construction

    • This act shall be liberally construed to effectuate its remedial and deterrent purposes

    Prohibition of Registration of Firearms

    • Legislative findings and intent:
      • Recognize the right to keep and bear arms under the Second Amendment and the State Constitution
      • Prevent the creation of lists, records, or registries of firearm owners
      • Protect the privacy rights of law-abiding firearm owners
    • Prohibitions:
      • No state governmental agency, local government, or official can keep or cause to be kept any list, record, or registry of privately owned firearms or their owners
      • Certain entities cannot assign or require a merchant category code for firearms or ammunition retailers
      • No agreement or contractual provision to the contrary is valid

    Exceptions

    • Records of firearms used in crimes
    • Records of persons convicted of crimes
    • Records of stolen firearms (for a limited time)
    • Firearm records retained by firearm dealers under federal law
    • Records kept pursuant to certain statutes (e.g., chapter 538, chapter 539)
    • Other specific exceptions apply

    Penalties for Violations

    • Felony of the third degree for violating the prohibition on lists, records, or registries
    • Fine up to $5 million for governmental entities complicit in such violations
    • Other penalties apply for specific violations

    Electronic Records

    • Certain entities submitting electronic records must include specific information, such as manufacturer and caliber
    • Submission of such records does not grant substantive, procedural privacy right or civil claim to criminal defendants

    Destruction of Lists, Records, or Registries

    • Any list, record, or registry maintained or under construction must be destroyed within 60 calendar days after this act becomes law
    • Failure to destroy such lists, records, or registries may result in prosecution

    Medical Privacy Concerning Firearms

    • Prohibitions on health care practitioners and facilities from inquiring about firearm ownership or entering such information into medical records unnecessarily
    • Exceptions for certain situations (e.g., relevance to medical care or safety, medical emergencies)
    • Patients have the right to decline answering questions about firearm ownership
    • Health care practitioners and facilities cannot discriminate against patients based on their exercise of the constitutional right to own and possess firearms or ammunition### Healthcare Practitioners and Healthcare Facilities
    • Healthcare practitioners licensed under chapter 456 and healthcare facilities licensed under chapter 395 must respect a patient's legal right to own or possess a firearm.
    • They should refrain from harassing a patient about firearm ownership during examinations.

    Insurers

    • Insurers issuing policies under chapter 627 may not deny coverage, increase premiums, or discriminate against policyholders based on lawful firearm ownership or possession.
    • Insurers may consider the fair market value of firearms in setting premiums for scheduled personal property coverage.

    Violations

    • Violations of subsections (1)-(4) constitute grounds for disciplinary action under ss. 456.072(2) and 395.1055.

    Risk Protection Orders

    • A risk protection order is a temporary ex parte order or a final order granted under this section.
    • The petition for a risk protection order can be filed by a law enforcement officer or agency.
    • The petition must allege that the respondent poses a significant danger of causing personal injury to themselves or others by having a firearm or ammunition.
    • The petition must be accompanied by an affidavit stating specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent.

    Petition Requirements

    • The petition must identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent's current ownership, possession, custody, or control.
    • The petition must identify whether there is a known existing protection order governing the respondent under s. 741.30, s. 784.046, or s. 784.0485 or under any other applicable statute.

    Notice and Service

    • The petitioner must make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence.
    • The notice must state that the petitioner intends to petition the court for a risk protection order or has already done so and must include referrals to appropriate resources.

    Hearings and Issuance

    • Upon receipt of a petition, the court must order a hearing to be held no later than 14 days after the date of the order.
    • The court may issue a temporary ex parte risk protection order pending the hearing.
    • The court may conduct a hearing by telephone pursuant to a local court rule to reasonably accommodate a disability or exceptional circumstances.

    Evidence Consideration

    • In determining whether grounds for a risk protection order exist, the court may consider any relevant evidence, including:
      • Recent act or threat of violence by the respondent against themselves or others.
      • Act or threat of violence by the respondent within the past 12 months.
      • Evidence of the respondent being seriously mentally ill or having recurring mental health issues.
      • Violation by the respondent of a risk protection order or a no contact order.

    Order Requirements

    • A risk protection order must include:
      • A statement of the grounds supporting the issuance of the order.
      • The date the order was issued.
      • The date the order ends.
      • Whether a mental health evaluation or chemical dependency evaluation of the respondent is required.
      • The address of the court in which any responsive pleading should be filed.
      • A description of the requirements for the surrender of all firearms and ammunition that the respondent owns.
      • A statement informing the respondent of their rights and responsibilities under the order.

    Temporary Ex Parte Risk Protection Orders

    • A petitioner can request a temporary ex parte risk protection order without notice to the respondent if they have detailed allegations of personal knowledge that the respondent poses a significant danger to themselves or others in the near future by having a firearm or ammunition.
    • The court must consider all relevant evidence, including personal knowledge and observations, to determine if there is reasonable cause to believe the respondent poses a significant danger.
    • If the court finds reasonable cause, it must issue a temporary ex parte risk protection order.

    Content of Temporary Ex Parte Risk Protection Orders

    • The order must include:
      • A statement of the grounds for the order
      • The date the order was issued
      • The address of the court where responsive pleadings may be filed
      • The date and time of the scheduled hearing
      • A description of the requirements for the surrender of all firearms and ammunition
      • A warning statement to the respondent about the consequences of failure to comply with the order

    Service of Orders

    • The clerk of the court must furnish a copy of the notice of hearing, petition, and temporary ex parte risk protection order to the sheriff, who must serve it on the respondent as soon as possible.
    • The sheriff may use a facsimile copy of the order, and the clerk must furnish information on the respondent's physical description and location.

    Hearings and Extensions

    • The respondent may request a hearing to vacate a risk protection order, and the court must set a date for the hearing no sooner than 14 days and no later than 30 days after service of the request.
    • The respondent has the burden of proving by clear and convincing evidence that they do not pose a significant danger.
    • The court may extend a risk protection order for up to 12 months if it finds that the respondent still poses a significant danger.

    Surrender of Firearms and Ammunition

    • Upon issuance of a risk protection order, the respondent must surrender all firearms and ammunition in their custody, control, or possession to the local law enforcement agency.
    • The law enforcement officer serving the order must request that the respondent surrender all firearms and ammunition, and may seek a search warrant if necessary.
    • The respondent must also surrender any license to carry a concealed weapon or firearm.

    Return and Disposal of Firearms and Ammunition

    • If a risk protection order is vacated or ends without extension, the law enforcement agency must return any surrendered firearms and ammunition to the respondent after confirming through a background check that the respondent is eligible to own or possess firearms and ammunition.
    • If the respondent does not claim the surrendered firearms and ammunition within one year, the law enforcement agency must dispose of them according to its policies and procedures.

    Penalties

    • A person who makes a false statement under oath in a hearing under this section commits a felony of the third degree.

    • A person who has a firearm or ammunition with knowledge that they are prohibited from doing so by an order issued under this section commits a felony of the third degree.### Liability and Resources

    • Except for subsections (8) and (11), this section does not impose criminal or civil liability on individuals or entities for actions related to obtaining a risk protection order or temporary ex parte risk protection order.

    • This includes providing notice to petitioners, family or household members of respondents, and known third parties who may be at risk of violence, as well as reporting, investigating, and filing petitions.

    Instructional and Informational Materials

    • The Office of the State Courts Administrator will develop and prepare instructions, informational brochures, standard petition and risk protection order forms, and a court staff handbook on the risk protection order process.
    • Standard petition and order forms must be used after January 1, 2019, for all petitions filed and orders issued.
    • The office will determine significant non-English-speaking or limited English-speaking populations in the state and prepare materials in these languages.
    • Materials must be based on best practices and available online to the public.

    Instructions and Forms

    • Instructions will assist petitioners in completing the petition and include a sample standard petition and order for protection forms.
    • Instructions and standard petition will include a means for petitioners to identify firearms or ammunition without requiring specific or technical knowledge.
    • The risk protection order form will include notice of criminal penalties for violating the order and a statement emphasizing the respondent's sole responsibility to avoid violating the order.

    Community Resources

    • The court staff handbook will allow for the addition of a community resource list by the clerk of the court.
    • Clerks of court may create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county.

    Distribution of Materials

    • The Office of the State Courts Administrator will distribute a master copy of the petition and order forms, instructions, and informational brochures to clerks of court.
    • Distribution will be in an electronic format or formats accessible to all courts and clerks of court in the state.
    • Clerks of court must make available the standardized forms, instructions, and informational brochures within 90 days of receipt.
    • The Office of the State Courts Administrator will update materials as necessary, including when changes in the law make an update necessary.

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