F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 571 2023
1 A bill to be entitled
2 An act relating to storage of firearms in private
3 conveyances and vessels; amending s. 790.25, F.S.;
4 prohibiting the storage of a firearms in unoccupied
5 private conveyances and vessels unless done so in a
6 specified manner; providing definitions; requiring
7 local law enforcement agencies to engage in a
8 promotional campaign; providing legislative findings;
9 directing counties to adopt specified ordinances
10 concerning parental responsibility for gun thefts from
11 conveyances and vessels by their minor children;
12 providing a finding of important state interest;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (5) of section 790.25, Florida
18 Statutes, is amended to read:
19 790.25 Lawful ownership, possession, and use of firearms
20 and other weapons.—
21 (5) POSSESSION IN PRIVATE CONVEYANCE.—
22 (a) Except as provided in paragraph (b), notwithstanding
23 subsection (2), it is lawful and is not a violation of s. 790.01
24 for a person 18 years of age or older to possess a concealed
25 firearm or other weapon for self-defense or other lawful purpose
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26 within the interior of a private conveyance, without a license,
27 if the firearm or other weapon is securely encased or is
28 otherwise not readily accessible for immediate use. Nothing in
29 this paragraph herein contained prohibits the carrying of a
30 legal firearm other than a handgun anywhere in a private
31 conveyance when such firearm is being carried for a lawful use.
32 Nothing in this paragraph herein contained shall be construed to
33 authorize the carrying of a concealed firearm or other weapon on
34 the person. This paragraph subsection shall be liberally
35 construed in favor of the lawful use, ownership, and possession
36 of firearms and other weapons, including lawful self-defense as
37 provided in s. 776.012.
38 (b)1. A person may not store a firearm, loaded or
39 unloaded, in an unoccupied, unsecured private conveyance or
40 vessel unless the firearm is kept from ordinary observation and
41 view and locked within a trunk, utility or glove box, or another
42 locked container or secured with a device or mechanism that is
43 securely affixed to the private conveyance or vessel.
44 2. As used in subparagraph 1., the term:
45 a. "Private conveyance" includes any "motor vehicle" as
46 defined in s. 790.251(2)(b) other than a public conveyance.
47 b. "Unsecured" means a private conveyance interior or
48 vessel interior that is unlocked or otherwise left open to
49 entry.
50 c. "Vessel" has the same meaning as provided in s. 327.02.
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51 3. Each law enforcement agency shall engage in a
52 promotional campaign to educate the public and gun owners of the
53 requirements of subparagraph 1. and that with gun ownership
54 comes responsibility as prescribed in the local ordinance
55 adopted under subparagraph 4.
56 4. The Legislature finds that it is the responsibility of
57 parents to supervise their children under 18 years of age.
58 Therefore, a parent of a child under 18 years of age who has
59 been found to have stolen a firearm from a conveyance or vessel
60 is subject to sanctions. Each county shall, no later than
61 January 1, 2024, adopt a local ordinance containing such
62 sanctions for parents of such minor offenders and direct local
63 law enforcement agencies to engage in a promotional campaign to
64 educate the public and gun owners in the county of their
65 responsibilities under the ordinance.
66 Section 2. It is the intent of the Legislature to provide
67 for the most efficient and effective deterrent to juvenile t heft
68 of firearms from vessels and conveyances, tailored to local
69 conditions and resources. Therefore, the Legislature determines
70 and declares that the provisions of this act fulfill an
71 important state interest.
72 Section 3. This act shall take effect July 1, 2023.
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Statutes affected:
H 571 Filed: 790.25