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.