Gun Safety in Florida: Laws, Issues and Challenges League of Women Voters of Florida

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1 Gun Safety in : Laws, Issues and Challenges 2017 League of Women Voters of

2 LWVF Position The LWVF supports regulations concerning the purchase, ownership, and use of handguns that balance as nearly as possible individual constitutional rights with the welfare of the community. ~Study and Action, , LWVF Copyright 2017 League of Women Voters of 2

3 District of Columbia v. Heller U.S. SUPREME COURT 2008 Supreme Court held that the Second Amendment grants an individual right to possess a firearm J. SCALIA: nothing in our opinion should be taken to cast doubt on laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Copyright 2017 League of Women Voters of 3

4 Gun Laws

5 Registration Records FS Felony to create or maintain a firearm registry Second-hand dealers and pawnshop owners may keep records for 30 days Law enforcement must expunge such records after 60 days Copyright 2017 League of Women Voters of 5

6 Buyers of Long Guns 18+ years of age US resident F.S Fingerprints and specialized permit not required No waiting period Copyright 2017 League of Women Voters of 6

7 Buyers of Handguns F.S years of age US citizen or have 90 days of property ownership in FL No fingerprints or specialized permit required 3-day waiting period without a Concealed Carry Permit* *No laws limit ownership of semi-automatic weapons or specify magazine capacity Copyright 2017 League of Women Voters of 7

8 Concealed Weapons Permits Requirements F.S years of age Background check 3-day waiting period Demonstrate competency firing a weapon Reciprocity Permit accepted from another state 1.7M (1,701,898) Floridians with valid concealed weapon permit (December 31,2016) Copyright 2017 League of Women Voters of 8

9 Private Seller Loophole F.S Licensed firearm dealers are required to run background checks BUT Private sellers at gun shows are NOT required to do background checks Online unlicensed sellers are NOT required to do background check Result: Approximately 22% of gun sales go unchecked (Annals of Internal Medicine, ) Copyright 2017 League of Women Voters of 9

10 Preemption FS State law displaces local law Prohibits localities from enacting their own firearm regulations State can nullify local ordinances Penalties for violation: $5,000 fine and removal from public office Copyright 2017 League of Women Voters of 10

11 Child Access Protection Law FS Weak protection for FL children Firearm must be securely stored in a locked box or with a trigger lock when an unsupervised minor is in the home Exception: If the person in charge of the minor carries the gun on his/her person Violation of this statue is a 2 ND DEGREE MISDEMEANOR Copyright 2017 League of Women Voters of 11

12 Physician Gag Law FS Physicians should refrain from discussing gun safety with patients OVERTURNED on Feb. 16, 2017!

13 Other Critical Gun Laws Stand Your Ground Limited Background Checks Limited BG Checks SYG 2016 Law Center to Prevent Gun Violence Copyright 2017 League of Women Voters of 13

14 Stand Your Ground FS o Originates from Castle Doctrine o Expands right of self defense in public: Presumption of threat of bodily harm or death Applies where any person has a right to be Duty to retreat if safe to do so no longer exists Immunity from criminal prosecution or civil action

15 Copyright 2017 League of Women Voters of 15

16 Critical Issues SUICIDE: More firearm suicides than homicides, almost 2:1 Suicide is the 2 nd leading cause of death among year olds. DOMESTIC VIOLENCE Abused women are 5 times more likely to be killed if the abuser owns a firearm has no law requiring the surrender of firearms by convicted domestic abusers Copyright 2017 League of Women Voters of 16

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18 Copyright 2016 League of Women Voters of 18

19 Our Goals FL ban on semiautomatic assault weapons and large capacity ammunition feeding devices FL Expansion of background checks to close loopholes No Campus Carry No Open Carry No expansion of Stand Your Ground Copyright 2017 League of Women Voters of 19

20 2017: Fate of Gun Bills

21 Proactive Coalition Bills SB 254/HB 167: Would ban semiautomatic assault weapons and large capacity magazines SB 1334/HB 1113: Expanded Background Checks: Would close the private seller loophole Bills were never placed on agenda to be heard in committee.

22 Playing Defense Campus Carry Defeated Open Carry Defeated Courthouse Carry Defeated Airport Carry Defeated

23 SYG Expansion SB 128/HB 245 Shifts burden of proof onto prosecution: Makes SYG easier to achieve and harder to prosecute Essentially requires state to prosecute twice 1 st at preliminary hearing state must prove defendant was not standing ground 2 nd at trial Only requires perceived threat PASSED

24 2017 Grass Roots Victories Campus Carry No! Open Carry No! Courthouse Carry No! Airport Carry No! Join the FLORIDA COALITION TO PEVENT GUN VIOLENCE AND VOTE! Copyright 2017 League of Women Voters of 24

25 We can do it! Copyright 2017 League of Women Voters of 25