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III. Effect of Proposed Changes:
The bill provides that a person who holds a valid concealed weapon or firearm license, issued by the Department of Agriculture and Consumer Affairs (DACS) under s. 790.06, F.S., may carry a weapon or firearm openly.
Also, the bill inserts a provision in s. 790.06(12), F.S., that specifically protects a licensed person from being prohibited from carrying or storing a firearm in a vehicle for lawful purposes.
A person who carries a weapon or firearm into one of the prohibited locations set forth in subsection (12) of s. 790.06, F.S., or a person who prohibits a licensee from carrying or storing a firearm in a vehicle for lawful purposes, commits a second degree misdemeanor if they do so knowingly and willfully under the provisions of the bill.
The bill also authorizes the DACS to take fingerprints from a license-applicant for inclusion with the application packet for a concealed weapon or firearm license. This provides the applicant with an additional place to have his or her prints taken if necessary.
Section 790.28, F.S., is repealed by the bill. It is the provision that limits Florida residents to the purchase of rifles and shotguns in contiguous states. Section 790.065, F.S., is amended to clarify
37 Pub. L. No. 99-308.
38 18 U.S.C. § 922(b)(3) (1986). See David T. Hardy, The Firearms Owners’ Protection Act: A Historical and Legal Perspective, 17 CUMB. L. REV. 585, 633-34 (1986/1987).
39 18 U.S.C. § 922(t)(1).
BILL: CS/SB 234 Page 10
that a licensed dealer’s shotgun or rifle sale to a Florida resident in another state is subject only to the federal law and the law of the state wherein the transfer is made.
The bill takes effect upon becoming a law.