Anti-2nd Amendment Laws Pending in the Florida Legislature

By David S. Katz

Pending anti-second amendment legislation in Florida –

These bills are currently pending in the Florida House and Senate.

Concealed Weapons and Firearms

HB – 197 Concealed Weapons and Firearms

: Prohibits concealed weapon or firearm licensee from openly carrying handgun or carrying concealed weapon or firearm into any child care facility.

This proposal adds the following language to 790.06 (12)(a)

10. Any child care facility as defined in s. 402.302

Florida Statutes 402.302 reads in relevant part:

(2) “Child care facility” includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.

Parents with a CWFL will be force to disarm themselves while dropping children off or picking them up from child care.

Transfers of Firearms

HB – 135 Transfers of Firearms

: Requires transfers of firearms when neither party is licensed dealer to be conducted through licensed dealer & requires processing by licensed dealer.

This is a very lengthy proposed change.  To read the entire text of this bill click here: HB 197

This bill will have the following effects among others:

• Do away with “private” undocumented transfers of firearms. It requires all private sales to be made through an FFL who must perform a background check.
• As the transfer is now documented, this is really a step toward universal registration.
• Children between 16 – 18 would no longer be able to possess a firearm in their home with their parents’ permission.
• Effectively end the ability to lend a firearm to a friend or family member except on the premises of a shooting range for the purposes of shooting at that range or for lawful hunting while under the firearm owners’ supervision.
• End firearm owners’ vacations lasting over 14 days. Why? Because if you leave your home, this law allows you to transfer (loan) your firearm to an adult relative co-resident without going through an FFL for a maximum of 14 days.  If the period will be longer, a formal transfer through an FFL must be made.

SB 108: Regulation of Concealed Weapons Licenses

Regulation of Concealed Weapons Licenses; Transferring the concealed weapons licensing program of the Division of Licensing of the Department of Agriculture and Consumer Services to the Department of Law Enforcement by a type two transfer; creating the Concealed Weapons Licensing Program in the Department of Law Enforcement; redesignating the Department of Law Enforcement as the entity responsible for regulating, and collecting payments and fees from, concealed weapons licensing, etc.

With the current head of the Department of Agriculture’s position on our current licensing system, this move might be neutral at the moment, but FDLE has a history of being anti-civilian gun ownership.  Further, this removes the program from the hands of an elected government official.

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida. There, he gained invaluable experience analyzing how...
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