Florida Senate - 2016                                    SB 1410
       
       
        
       By Senator Braynon
       
       36-00985-16                                           20161410__
    1                        A bill to be entitled                      
    2         An act relating to relinquishment of weapons by
    3         persons subject to protective injunctions; amending
    4         ss. 741.30 and 784.0485, F.S.; requiring injunction
    5         respondents to relinquish firearms; providing for
    6         relinquishment to law enforcement officers or licensed
    7         firearms dealers; providing an exception; providing
    8         for proof of transfer; providing requirements for
    9         forms; amending s. 790.233, F.S.; conforming
   10         provisions to changes made by the act; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (g) of subsection (6) of section
   16  741.30, Florida Statutes, is amended to read:
   17         741.30 Domestic violence; injunction; powers and duties of
   18  court and clerk; petition; notice and hearing; temporary
   19  injunction; issuance of injunction; statewide verification
   20  system; enforcement; public records exemption.—
   21         (6)
   22         (g)1. A final judgment on injunction for protection against
   23  domestic violence entered pursuant to this section must, on its
   24  face, indicate that it is a violation of s. 790.233, and a first
   25  degree misdemeanor, for the respondent to have in his or her
   26  care, custody, possession, or control any firearm or ammunition
   27  and that all such firearms shall be relinquished immediately to
   28  a law enforcement officer if requested by the officer upon
   29  personal service of the protective order. If no request is made
   30  by a law enforcement officer, the relinquishment shall occur
   31  within 24 hours after personal service of the order at any
   32  staffed law enforcement agency or a federally licensed firearms
   33  dealer located in this state, unless the person is incarcerated
   34  at the time personal service is received, in which case the 24
   35  hour relinquishment period shall commence at the time of release
   36  from incarceration.
   37         2. The respondent shall file, within 48 hours after
   38  personal service or, if the court will not be open within 48
   39  hours after the time of personal service, within the first 3
   40  hours the court is thereafter open, one of the following
   41  documents:
   42         a. A certification, under penalty of prosecution for making
   43  a false written statement in violation of s. 837.06, that the
   44  respondent did not own, possess, or control any firearms at the
   45  time of the order and currently does not own, possess, or
   46  control any firearms.
   47         b. A copy of a proof of transfer showing, for each firearm
   48  owned, possessed, or controlled by the respondent at the time of
   49  the order, that the firearm was relinquished to a law
   50  enforcement officer or a federally licensed firearms dealer
   51  located in this state.
   52         c. A certification, under penalty of prosecution for making
   53  a false written statement in violation of s. 837.06, for each
   54  firearm owned, possessed, or controlled by the respondent at the
   55  time of the order, that the respondent is unable to obtain
   56  access to the firearm and specifying the location of the firearm
   57  and the reason why the respondent is unable to obtain access.
   58         3. The court shall provide to the petitioner a copy of the
   59  documents the respondent files with the court pursuant to
   60  subparagraph 2. within 48 hours after filing or, if the court
   61  will not be open within 48 hours after the filing, within the
   62  first 3 hours the court is thereafter open.
   63         4. A law enforcement officer or a federally licensed
   64  firearms dealer located in this state taking possession of
   65  firearms relinquished by a respondent pursuant to a protective
   66  order under subparagraph 1. shall issue a proof of transfer to
   67  the respondent and to the court issuing the order of protection.
   68  The proof of transfer shall list the name of the respondent; the
   69  date of the transfer; and the make, model, and serial number of
   70  each firearm relinquished. The law enforcement agency or the
   71  federally licensed firearms dealer shall dispose of the firearm
   72  or return the firearm to the respondent only subsequent to the
   73  expiration or termination of the protective order.
   74         5. The forms for protective orders shall allow the
   75  petitioner to describe, under penalty of prosecution for making
   76  a false written statement in violation of s. 837.06, the number,
   77  types, and locations of any firearms presently known by the
   78  petitioner to be owned, possessed, or controlled by the
   79  respondent.
   80         Section 2. Paragraph (e) of subsection (6) of section
   81  784.0485, Florida Statutes, is amended to read:
   82         784.0485 Stalking; injunction; powers and duties of court
   83  and clerk; petition; notice and hearing; temporary injunction;
   84  issuance of injunction; statewide verification system;
   85  enforcement.—
   86         (6)
   87         (e)1. A final judgment on an injunction for protection
   88  against stalking entered pursuant to this section must, on its
   89  face, provide that it is a violation of s. 790.233 and a
   90  misdemeanor of the first degree for the respondent to have in
   91  his or her care, custody, possession, or control any firearm or
   92  ammunition and that all firearms shall be relinquished
   93  immediately to a law enforcement officer if requested by the law
   94  enforcement officer upon personal service of the protective
   95  order. If no request is made by a law enforcement officer, the
   96  relinquishment shall occur within 24 hours after personal
   97  service of the order at any staffed law enforcement agency or a
   98  federally licensed firearms dealer located in this state, unless
   99  the person is incarcerated at the time personal service is
  100  received, in which case the 24-hour relinquishment period shall
  101  commence at the time of release from incarceration.
  102         2. The respondent shall file, within 48 hours after
  103  personal service or, if the court will not be open within 48
  104  hours after the time of personal service, within the first 3
  105  hours the court is thereafter open, one of the following
  106  documents:
  107         a. A certification, under penalty of prosecution for making
  108  a false written statement in violation of s. 837.06, that the
  109  respondent did not own, possess, or control any firearms at the
  110  time of the order and currently does not own, possess, or
  111  control any firearms.
  112         b. A copy of a proof of transfer showing, for each firearm
  113  owned, possessed, or controlled by the respondent at the time of
  114  the order, that the firearm was relinquished to a law
  115  enforcement officer or a federally licensed firearms dealer
  116  located in this state.
  117         c. A certification, under penalty of prosecution for making
  118  a false written statement in violation of s. 837.06, for each
  119  firearm owned, possessed, or controlled by the respondent at the
  120  time of the order, that the respondent is unable to obtain
  121  access to the firearm, specifying the location of the firearm
  122  and the reason why the respondent is unable to obtain access.
  123         3. The court shall provide to the petitioner a copy of the
  124  documents the respondent files with the court pursuant to
  125  subparagraph 2. within 48 hours after filing or, if the court
  126  will not be open within 48 hours after the filing, within the
  127  first 3 hours the court is thereafter open.
  128         4. A law enforcement officer or a federally licensed
  129  firearms dealer located in this state taking possession of
  130  firearms relinquished by a respondent pursuant to a protective
  131  order under subparagraph 1. shall issue a proof of transfer to
  132  the respondent and to the court issuing the order of protection.
  133  The proof of transfer shall list the name of the respondent; the
  134  date of the transfer; and the make, model, and serial number of
  135  each firearm relinquished. The law enforcement agency or the
  136  federally licensed firearms dealer shall dispose of the firearm
  137  or return the firearm to the respondent only subsequent to the
  138  expiration or termination of the protective order.
  139         5. The forms for protective orders shall allow the
  140  petitioner to describe, under penalty of prosecution for making
  141  a false written statement in violation of s. 837.06, the number,
  142  types, and locations of any firearms presently known by the
  143  petitioner to be owned, possessed, or controlled by the
  144  respondent.
  145         Section 3. Section 790.233, Florida Statutes, is amended to
  146  read:
  147         790.233 Possession of firearm or ammunition prohibited when
  148  person is subject to an injunction against committing acts of
  149  domestic violence, stalking, or cyberstalking; penalties.—
  150         (1) A person may not have in his or her care, custody,
  151  possession, or control any firearm or ammunition if the person
  152  has been issued a final injunction that is currently in force
  153  and effect, restraining that person from committing acts of
  154  domestic violence and requiring the person to relinquish all
  155  firearms, as issued under s. 741.30 or from committing acts of
  156  stalking or cyberstalking and requiring the person to relinquish
  157  all firearms, as issued under s. 784.0485.
  158         (2) A person who violates subsection (1) commits a
  159  misdemeanor of the first degree, punishable as provided in s.
  160  775.082 or s. 775.083.
  161         (3) It is the intent of the Legislature that the
  162  disabilities regarding possession of firearms and ammunition are
  163  consistent with federal law. Accordingly, this section does not
  164  apply to a state or local officer as defined in s. 943.10(14),
  165  holding an active certification, who receives or possesses a
  166  firearm or ammunition for use in performing official duties on
  167  behalf of the officer’s employing agency, unless otherwise
  168  prohibited by the employing agency.
  169         Section 4. This act shall take effect October 1, 2016.