Gun Safety in Florida: Laws, Issues and Challenges
© 2017 League of Women Voters of Florida
LWVF Position The LWVF supports
regulations concerning the purchase, ownership, and use of handguns that balance as nearly as possible individual constitutional rights
with the welfare of the community. ~Study and Action, 2015-2017, LWVF Copyright 2017 League of Women Voters of Florida
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District of Columbia v. Heller U.S. SUPREME COURT 2008
• Supreme Court held that the Second Amendment grants an individual right to possess a firearm • J. SCALIA: “…nothing in our opinion should be taken to cast doubt on…laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Copyright 2017 League of Women Voters of Florida
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Florida Gun Laws
Registration Records FS 790.335 • Felony to create or maintain a firearm registry • Second-hand dealers and pawnshop owners may keep records for 30 days • Law enforcement must expunge such records after 60 days
Copyright 2017 League of Women Voters of Florida
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Buyers of Long Guns F.S. 790.065
• • • •
18+ years of age US resident Fingerprints and specialized permit not required No waiting period
Copyright 2017 League of Women Voters of Florida
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Buyers of Handguns F.S. 790.065
21+ years of age US citizen or have 90 days of property ownership in FL No fingerprints or specialized permit required 3-day waiting period without a Concealed Carry Permit*
*No laws limit ownership of semi-automatic weapons or specify magazine capacity
Copyright 2017 League of Women Voters of Florida
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Concealed Weapons Permits F.S. 790.06
Requirements •
21+ years of age Background check 3-day waiting period Demonstrate competency firing a weapon
Reciprocity—Permit accepted from another state • 1.7M (1,701,898) Floridians with valid concealed weapon permit (December 31,2016)
Copyright 2017 League of Women Voters of Florida
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Private Seller Loophole F.S. 790.065
Licensed firearm dealers are required to run background checks—BUT • Private sellers at gun shows are NOT required to do background checks • Online unlicensed sellers are NOT required to do background check
Result: Approximately 22% of gun sales go unchecked (Annals of Internal Medicine, 1-3-2017) Copyright 2017 League of Women Voters of Florida 9
Preemption FS 790.33 State law displaces local law – Prohibits localities from enacting their own firearm regulations – State can nullify local ordinances – Penalties for violation: $5,000 fine and removal from public office
Copyright 2017 League of Women Voters of Florida
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Child Access Protection Law FS 790.174—Weak protection for FL children
• Firearm must be securely stored in a locked box or with a trigger lock when an unsupervised minor is in the home • Exception: If the person in charge of the minor carries the gun on his/her person • Violation of this statue is a 2ND DEGREE MISDEMEANOR Copyright 2017 League of Women Voters of Florida
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Physician Gag Law • FS 790.338 • Physicians should “refrain” from discussing gun safety with patients • OVERTURNED on Feb. 16, 2017!
Other Critical Gun Laws • Stand Your Ground • Limited Background Checks
Limited BG Checks
SYG 2016 Law Center to Prevent Gun Violence
Copyright 2017 League of Women Voters of Florida
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Stand Your Ground FS 776.012 o Originates from “Castle Doctrine” o Expands right of self defense in public: Presumption of threat of bodily harm or death • Applies where any person has a “right to be” • “Duty to retreat if safe to do so” no longer exists • Immunity from criminal prosecution or civil action
Copyright 2017 League of Women Voters of Florida
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Critical Issues SUICIDE: More firearm suicides than homicides, almost 2:1 Suicide is the 2nd leading cause of death among 18-24 . year olds DOMESTIC VIOLENCE • Abused women are 5 times more likely to be killed if the abuser owns a firearm • Florida has no law requiring the surrender of firearms by convicted domestic abusers
Copyright 2017 League of Women Voters of Florida
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Copyright 2016 League of Women Voters of Florida
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Our Goals • FL ban on semiautomatic assault weapons and large capacity ammunition feeding devices • FL Expansion of background checks to close loopholes • No Campus Carry • No Open Carry • No expansion of Stand Your Ground Copyright 2017 League of Women Voters of Florida
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2017: Fate of Gun Bills
Proactive Coalition Bills • SB 254/HB 167: Would ban semiautomatic assault weapons and large capacity magazines • SB 1334/HB 1113: Expanded Background Checks: Would close the private seller loophole Bills were never placed on agenda to be heard in committee.
Playing Defense • • • •
Campus Carry—Defeated Open Carry—Defeated Courthouse Carry—Defeated Airport Carry—Defeated
SYG Expansion SB 128/HB 245
Shifts burden of proof onto prosecution: • Makes SYG easier to achieve and harder to prosecute • Essentially requires state to prosecute twice – 1st at preliminary hearing state must prove defendant was not standing ground – 2nd at trial • Only requires perceived threat
– PASSED
2017 Grass Roots Victories Campus Carry—No! Open Carry—No! Courthouse Carry—No! Airport Carry—No!
Join the FLORIDA COALITION TO PEVENT GUN VIOLENCE AND VOTE! Copyright 2017 League of Women Voters of Florida
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We can do it!
Copyright 2017 League of Women Voters of Florida
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