Florida Senate - 2026                                    SB 1336
       
       
        
       By Senator Davis
       
       
       
       
       
       5-00903A-26                                           20261336__
    1                        A bill to be entitled                      
    2         An act relating to firearm hold agreements; creating
    3         s. 790.253, F.S.; defining terms; providing immunity
    4         from civil liability for federal firearms licensees
    5         operating lawfully in this state for acts or omissions
    6         relating to firearm hold agreements under specified
    7         circumstances; providing an exception; providing
    8         applicability; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 790.253, Florida Statutes, is created to
   13  read:
   14         790.253 Firearm hold agreements; immunity from liability.—
   15         (1) As used in this section, the term:
   16         (a) “Federal firearms licensee” means a person licensed
   17  pursuant to 18 U.S.C. chapter 44.
   18         (b) “Firearm hold agreement” means a private transaction
   19  between a federal firearms licensee and an individual firearm
   20  owner in which the licensee either provides locked storage in
   21  his or her facility to which only the firearm owner has access
   22  or takes physical possession of the owner’s lawfully possessed
   23  firearm at the owner’s request, holds the firearm for an agreed
   24  upon period of time, and returns the firearm to the owner
   25  according to the terms of the transaction.
   26         (2) A federal firearms licensee is immune from civil
   27  liability while operating lawfully in this state for any act or
   28  omission arising from a firearm hold agreement which results in
   29  the personal injury or death of any individual, including the
   30  return of any firearm to the individual firearm owner by a
   31  federal firearms licensee at the termination of a firearm hold
   32  agreement.
   33         (3) The immunity from civil liability under subsection (2)
   34  does not apply to any action arising from a firearm hold
   35  agreement if such action was the result of otherwise unlawful
   36  conduct on the part of the federal firearms licensee.
   37         (4) This section does not apply to a firearm transfer
   38  pursuant to s. 790.401 or if there is a known existing
   39  protection order governing the respondent under s. 741.30, s.
   40  784.046, or s. 784.0485 or under any other applicable law.
   41         Section 2. This act shall take effect July 1, 2026.