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Anyone who moves into Connecticut in lawful possession of an assault weapon has 90 days to make it permanently inoperable, sell it to a gun dealer, or take it out of state. But servicemembers transferred to Connecticut in lawful possession of an assault weapon may apply to DESPP for a certificate within 90 days of arriving here. Under the law and bill, anyone who possesses an assault weapon for which a certificate has been issued may possess it only at specified locations, such as his or her home or business place, at a licensed shooting club, or at a target range that holds a license for practicing target shooting.

Anyone who obtained a certificate of possession for an existing assault weapon before April 4, for a weapon the bill defines as an assault weapon is deemed to have obtained a certificate of possession for such assault weapon and must not be required to obtain a separate certificate. The bill contains exemptions for the newly added weapons as current law contains with regard to assault weapons. It also allows possession by members or employees of these entities for use in the discharge of their official duties. It additionally allows sales to and possession by a employees of a Nuclear Regulatory Commission NRC licensee operating a nuclear power plant in Connecticut for the purpose of providing security or b any person, firm, corporation, contractor, or subcontractor providing security at the plant.

It further specifies that it does not prohibit possession or use of assault weapons by sworn members of these agencies when on duty and within the scope of their duties. As is the case with assault weapons for which a certificate of possession is issued under existing law, the bill allows the newly added weapons to be possessed or received, under defined circumstances, by:.

Similarly, it allows for:. Current law does not regulate ammunition except for banning armor-piercing. Currently possession of such ammunition is a class D felony. The bill expands the definition of what constitutes banned armor-piercing bullets and makes their possession a class D felony. Armor-piercing bullet does not include shotgun shells. The bill makes it a class D felony to knowingly transport or carry a firearm loaded with an armor piercing bullet or incendiary.

It exempts from the provisions the same entities and people exempt from the ban under current law:. Current law allows any two police officers or a state ' s attorney , under limited circumstances, to get warrants and seize guns from anyone who poses an imminent risk of injuring himself or herself, or someone else. The bill conforms the law to current practice by allowing them to seize ammunition as well. It makes conforming and minor related changes, specifying that the procedures relating to seizure and returned firearms apply to ammunition as well.

Under current law, not later than two business days after the occurrence of any event that makes a person ineligible to possess handguns, the person must transfer the handguns to an eligible person, or surrender them to the DESPP commissioner. The bill applies the same standards to ammunition and makes conforming changes. The bill requires the DESPP commissioner, chief state ' s attorney, and the Police Chiefs Association to develop a protocol for the transfer of ammunition by people ineligible to possess it. The bill requires the application for civil restraining orders to include a space for an alleged victim of domestic violence to indicate whether the alleged domestic violence offender possesses ammunition.

It already must have a space to indicate gun ownership. The bill allows police to seize ammunition under the same circumstances as guns when investigating domestic violence crimes. The bill requires these units to inform the court if a domestic violence victim indicates that a defendant possesses ammunition, as is currently required for firearms. The bill requires ammunition that a court adjudges to be contraband or a nuisance turned over to the State Police for destruction or sold at public auction.

Firearms are already required to be turned over. The bill requires the Statewide Firearms Trafficking Task Force Policy Board to deposit the receipts from the sale of seized ammunition in the General Fund, as it must currently do for receipts from sales from firearms. The bill requires the police to return any stolen ammunition seized or recovered with a stolen gun to its rightful owner. The bill increases penalties for a number of firearm-related crimes. Table 2 displays these crimes, their current classification, and their classification under the bill.

Current Penalty. Penalty Under the Bill. Trafficking in firearms aa. Class C felony if transfer less than five firearms. Class B felony if transfer five or more firearms. Class B felony. Mandatory minimum:. Stealing a firearm 53a Class D felony. Class C felony. Failing to surrender a revoked permit Class C misdemeanor. Class A misdemeanor. Transferring a pistol or revolver to a prohibited person or violating transfer procedures Transferring a pistol or revolver to a prohibited person or violating transfer procedures, knowing the transferred weapon is stolen or has an altered identification mark Making a false statement related to a pistol or revolver transfer a.

Transferring a pistol or revolver to someone under age 21 except for target or shooting range use b. One-year mandatory minimum prison sentence. Altering firearm identification mark, number, or name Failing to report loss or theft of firearm 2 nd or subsequent offense g. Intentionally failing to report loss or theft of firearm g. Failing to surrender revoked eligibility certificate i. Buying a firearm intending to transfer it to an ineligible person straw man transactions j a. Ineligible person soliciting a firearm through a straw man j b. Class B misdemeanor.

Ineligible person obtaining a firearm from a straw man j b. No current penalty; see immediately below. Ineligible person soliciting through a straw man involving transfer of more than one firearm j b. Penalty eliminated see crime immediately above. Straw man violations when offender had felony conviction in past five years j c.

By law, separate crimes punish criminal possession of a 1 firearm or electronic defense weapon and 2 pistol or revolver. The bill expands each of these crimes and increases their penalties so that they punish illegal possession of all of these weapons under very similar circumstances and with the same penalties. The bill also punishes possessing ammunition under the same circumstances and with the same penalties.

The bill increases the penalty for criminal possession of a firearm or electronic defense weapon, expands the circumstances when someone commits this crime, and punishes someone who possesses ammunition under the same circumstances. Under current law, a person commits this crime when he or she possesses the weapon and 1 has a prior felony conviction or conviction for a serious juvenile offense, 2 knows he or she is the subject of a restraining or protective order in certain cases or a firearms seizure order after notice and a hearing opportunity, or 3 is prohibited by federal law from having or transporting a firearm.

The bill makes it illegal for these same people to possess ammunition. The bill also punishes someone who possesses a firearm, ammunition, or an electronic defense weapon when he or she has been:. The misdemeanor convictions the bill applies to are for:. The bill defines ammunition as a loaded cartridge consisting of a primed case, propellant, or projectile designed for use in a firearm.

The bill increases the penalty for this crime from a class D to a class C felony. The law already imposes a two-year mandatory minimum sentence. Criminal Possession of a Handgun. The bill increases the penalty for criminal possession of a pistol or revolver and expands the circumstances when someone commits this crime. Under current law, a person commits this crime when he or she possesses the weapon and:. The bill:. The bill makes a conforming change to allow DESPP to disclose the name and address of someone issued an eligibility certificate to the extent necessary to comply with the bill ' s provisions on long gun and ammunition transfers.

The bill expands the firearm safe storage laws in two ways. It imposes safe storage requirements on people who store their loaded firearms on their premises if they know or should know that a resident of the premises 1 is ineligible to possess firearms under state or federal law or 2 poses a risk of imminent personal injury to himself, herself, or others. The current ban applies to storing loaded firearms on their premises if they know or reasonably should know that a minor someone under age 16 is likely to gain access to them without the minor ' s parent ' s or guardian ' s permission.

As under the current law, the firearm must be locked up or in a location that a reasonable person considers to be secure, or the person carries it on his or her person or close enough so that he or she can readily retrieve it. As under current law pertaining to minors, a person is strictly liable for damages if an ineligible or at-risk person gains access to the inappropriately stored firearm and uses it to injure or kill himself, herself, or someone else.

As under current law pertaining to minors, a person is guilty of criminally negligent storage or a firearm if the ineligible or at-risk person obtains the firearm and kills or injures someone with it. It is also a class D felony unless the minor obtained the firearm from unlawful entry. The bill generally requires someone applying for a gun permit to be a permanent resident of the town to which he or she applies.

Current law does not specify that the residence must be permanent, and also allows such applications by someone who is not a resident, but who maintains a place of business in the town. By law, a gun permit is issued under a two-part process, with a local official issuing a temporary state permit, after which the State Police issues the five-year state permit assuming the requirements are met.

As under existing law, the bill continues to allow someone without a permanent residence in Connecticut to apply directly to DESPP for a gun permit if the person has a handgun permit or license to carry issued by another state. The bill prohibits anyone from applying for a temporary state gun permit more than once in any month period, and prohibits such a permit from being issued to someone who has previously applied within the previous 12 months.

The bill requires anyone who applies for a temporary permit to indicate on the application, under penalty of false statement in the manner the issuing authority prescribes, that the person has not applied for a temporary state permit within the past 12 months. The bill prohibits inmates convicted of violent crimes from using risk reduction earned credits RREC that they earn to become eligible for parole sooner than they otherwise could.

As under current law, the credits still reduce the inmate ' s maximum prison sentence. Under current law, inmates convicted of any crimes except the following can earned RREC:. The DOC commissioner can award RREC of up to five days per month for an inmate for 1 adhering to his or her offender accountability plan, 2 participating in eligible programs and activities, and 3 good conduct and obeying institutional rules as designated by the commissioner but good conduct and obedience alone is not enough to earn credits.

Credits cannot reduce a mandatory minimum sentence. An inmate can lose all or some of his or her credits. For inmates who earn RREC, the credits reduce the inmate ' s maximum prison sentence and the inmate ' s parole eligibility is based on his or her sentence as reduced by the credits. The bill increases the Board of Firearms Permit Examiners membership, from seven to nine, by adding one retired Superior Court judge, appointed by the chief court administrator, and a DMHAS nominee, appointed by the governor.

The rest of the members, as under current law, are appointed by the governor from nominations from the emergency services and public protection and energy and environmental protection commissioners; Connecticut State Association of Chiefs of Police; Connecticut State Rifle and Revolver Association, Inc. The governor also appoints two public members.

The bill allows the board to grant one continuance, for good cause, to an official whose action on a gun permit or gun eligibility certificate is being appealed. If granted, the appeal is continued until the next scheduled board meeting Under current law, an issuing authority ' s failure or refusal to provide a written statement to the board explaining the reasons for his or her adverse decision at least 10 days before the hearing is automatic cause for the board to grant relief to an appellant.

The bill requires the DESPP commissioner to study the feasibility and cost of establishing and maintaining a system to electronically submit, access, and transfer to DESPP information required for gun sales, delivery, or transfers, including the information required to determine eligibility for gun credentials.

The system must permit electronic access to the state database for checking a person ' s eligibility to get gun credentials or guns. It must permit retail sellers to directly initiate NICS background checks on firearm purchasers. The system may permit the electronic submission of other documents and forms related to firearms permitting, including applications 1 to renew gun permits, eligibility certificates, or long gun eligibility certificates; 2 for a certificate of possession for an assault weapon; and 3 to declare possession of LCMs.

The commissioner must submit a report to the legislature by January 1, , on the study results, including recommendations to develop and implement it. The bill requires the State Board of Education, within available appropriations and material, to help and encourage school boards to include mental health first aid training as part of their in-service training programs for certified teachers, administrators, and other pupil personnel.

The bill also requires the SDE commissioner to consider whether to require mental health first aid training as part of teacher education programs leading to professional certification. By January 1, , he must report his recommendation on this matter to the Appropriations, Education, and Public Health committees.

The bill creates a member task force to study the provision of behavioral health services in Connecticut, with particular focus on providing such service to to year-olds.


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The task force must analyze and make recommendations in the following areas:. The task force members include seven government officials and 13 appointed members; all 20 are voting members. Under the bill, the six legislative leaders each have two appointments to the task force, and the governor has one. The appointed members ' required qualifications are described in Table 3. Appointing Authority. One pediatrician whose practice focuses on adolescents. One representative of a school-based health center. One parent with a child who has used behavioral health services.

One representative of a community health center. One representative of a health insurer. One representative of a hospital that offers behavioral health services. One representative of an organization that offers behavioral health case management services. One 1 consumer of behavioral health services or 2 representative of an organization that advocates for consumers of such services.

One representative of an institution of higher education. The bill requires task force appointments to be made within 30 days of the bill ' s passage. Vacancies are filled by the appointing authority. Under the bill, the Senate president pro tempore and House speaker must each appoint one task force chairperson from among the members.

The chairpersons must schedule and hold the first meeting of the task force within 60 days of the bill ' s passage. The task force must meet at least monthly until February 1, , and upon the call of the chairs or a request of the majority of the members. Task force members serve without compensation, except for necessary expenses incurred performing their duties. A majority of the members constitutes a quorum, and a majority vote of a quorum is required for an official action of the task force.

The chairpersons break any ties the bill does not specify how a tie would be broken if the chairpersons disagree. Under the bill, the administrative staff of the Public Health Committee will serve as the task force administrative staff. The bill allows the task force to seek funding from any state, federal, or private source, and enter into contracts, to carry out its duties. By February 1, , the task force must report on its findings and recommendations to the governor; Senate president pro tempore; House speaker; Senate and House minority leaders; and the Appropriations, Education, Human Services, Insurance and Real Estate, and Public Health committees.

The task force must also provide additional information not contained in the report to legislators upon their request.

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The task force terminates on July 1, The program must use a person-centered, recovery-based approach that provides people diagnosed with a severe and persistent mental illness, including those released from commitment, 1 assertive outreach, 2 mental health and peer support services, 3 vocational assistance, 4 education concerning family issues, and 5 information to develop wellness skills.

Services must be provided by mobile, multi-disciplinary teams in community settings. The bill requires the DMHAS commissioner to provide case management and care coordination services to up to people with mental illness who are involved in the probate court system and who, on June 30, , are not receiving these services.

The bill requires the DCF commissioner, by January 1, , to establish and implement a regional behavioral health consultation and care coordination program for primary care providers who serve children. The program must provide these primary care providers with:. It also allows the commissioner to contract for services and adopt regulations to administer the program. By law, the amount of time a carrier has to make a benefit determination depends on whether or not it is an urgent request.


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  • In general, carriers must make a determination within 15 calendar days for non-urgent requests but within 72 hours for urgent requests. The bill treats as urgent requests those for a service or treatment for 1 substance use disorder or co-occurring mental disorder and 2 inpatient services, partial hospitalization, residential treatment, or intensive outpatient services needed to keep a covered person from requiring an inpatient setting in connection with a mental disorder.

    It requires the carrier to make its determination as soon as possible, but no more than 24 hours after it receives a request for service or treatment for these disorders. If the request is to extend a course of treatment beyond the initial period or number of treatments, the request must be made at least 24 hours before the initial authorization runs out. The hour deadline for the carrier does not apply if the covered person or his or her representative fails to provide the information the carrier needs to make its determination.

    By classifying requests for these services and treatments as urgent, the bill entitles the covered person to an expedited review of an adverse determination. Under current law, the carrier or independent review organization must notify the covered person and his or her representative of its decision regarding an expedited review within 72 hours of receiving a grievance. The bill requires that carriers make their decision for expedited reviews of requests for services and treatment for the mental and substance use disorders within 24 hours.

    By law, each carrier must contract with health care professionals to administer its utilization review program. Utilization review uses formal techniques to monitor the use of health care services or evaluate their medical necessity, appropriateness, efficacy, or efficiency.

    Under current law, each program must use documented clinical review criteria based on sound clinical evidence. The bill requires that, for any utilization review or benefit determination for treating a substance use disorder, the default criteria are those in the most recent edition of the American Society of Addiction Medicine ' s Patient Placement Criteria.

    For any utilization review or benefit determination for treating a mental disorder in a child or adolescent, the default criteria are the most recent guidelines in the American Academy of Child and Adolescent Psychiatry ' s Child and Adolescent Service Intensity Instrument. For any utilization review or benefit determination for treating a mental disorder in an adult, the default criteria are the most recent 1 guidelines of the American Psychiatric Association or 2 standards and guidelines of the Association of Ambulatory Behavioral Healthcare. In each case, the carrier can use other criteria that it demonstrates are consistent with the default criteria.

    But if the carrier does this, it must create and maintain a document on an easily accessible location on its website that:. By law, each carrier must promptly notify a covered person and, if applicable, his or her authorized representative, of an adverse determination. The bill additionally requires the notice to list, upon request, any clinical review criteria including professional criteria and medical or scientific evidence used to reach a denial. By law, the notice must describe the carrier ' s internal grievance procedures. Under current law, this description must state that the covered person or his or her representative can submit written comments, documents, records, and other material regarding the request for the individuals conducting the review.

    The bill instead requires the notice to include a statement that, if the covered person or his or her representative chooses to grieve an adverse determination, that:. The department shall document its attempts to provide notice, and such documentation is admissible in the courts of this state and constitutes sufficient proof that notice was given. I understand that if I do not agree to voluntary treatment, a petition will be filed in court to require me to receive involuntary treatment. I understand that if that petition is filed, I have the right to contest it.

    In the event a petition has been filed, I understand that I can subsequently agree to voluntary treatment prior to a court hearing. I understand that by agreeing to voluntary treatment in either of these situations, I may be prohibited from buying firearms and from applying for or retaining a concealed weapons or firearms license until I apply for and receive relief from that restriction under Florida law.

    DISTRICT OF COLUMBIA v. HELLER

    If the review indicates any such indictment, information, or arrest, the department shall provide to the licensee a conditional nonapproval number. Section 1, ch. Section 3, ch. The percent by weight of alcohol in the blood shall be based upon grams of alcohol per milliliters of blood. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

    This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds. The minor shall not receive credit for time served before adjudication.

    This subsection applies to all public sector employers, including those already prohibited from regulating firearms under the provisions of s. Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed. If you have not done so already, you must surrender immediately to the insert name of local law enforcement agency all firearms and ammunition that you own in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under s.

    You may not have in your custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. You have the right to request one hearing to vacate this order, starting after the date of the issuance of this order, and to request another hearing after every extension of the order, if any. You may seek the advice of an attorney as to any matter connected with this order. You are required to surrender all firearms and ammunition that you own in your custody, control, or possession.

    You must surrender immediately to the insert name of local law enforcement agency all firearms and ammunition in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under s. A hearing will be held on the date and at the time noted above to determine if a risk protection order should be issued. Failure to appear at that hearing may result in a court issuing an order against you which is valid for 1 year.

    The 48 hours may be extended by an order issued by the Governor. A self-defense chemical spray. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes. The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen under s. Nothing herein limits the authority of the appointing or employing agency or department from establishing policies limiting law enforcement officers or correctional officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department.

    It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s.

    Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.

    Found guilty of a crime under the provisions of chapter or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted; or. Committed for the abuse of a controlled substance under chapter or under the provisions of former chapter or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s.

    It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;. Completion of any National Rifle Association firearms safety or training course;. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, or private or public institution or organization or firearms training school, using instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;.

    Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement;. Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;.

    Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; or. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years.

    The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case.

    The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence. The cost of processing fingerprints as required in paragraph c shall be borne by the applicant.

    However, an individual holding an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer, correctional officer, or correctional probation officer as defined in s. If such individual wishes to receive a concealed weapon or firearm license, he or she is exempt from the background investigation and all background investigation fees but must pay the current license fees regularly required to be paid by nonexempt applicants. Further, a law enforcement officer, a correctional officer, or a correctional probation officer as defined in s.

    Charges for fingerprint services under this paragraph are not subject to the sales tax on fingerprint services imposed in s. The cost of processing such fingerprints shall be payable to the Department of Law Enforcement by the Department of Agriculture and Consumer Services. Issue the license; or. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsection 2 or subsection 3.

    If the Department of Agriculture and Consumer Services denies the application, it shall notify the applicant in writing, stating the ground for denial and informing the applicant of any right to a hearing pursuant to chapter In the event the department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.

    Consular security official licenses shall be valid for 1 year and may be renewed upon completion of the application process as provided in this section. The licensee must renew his or her license on or before the expiration date by filing with the Department of Agriculture and Consumer Services the renewal form containing an affidavit submitted under oath and under penalty of perjury stating that the licensee remains qualified pursuant to the criteria specified in subsections 2 and 3 , a color photograph as specified in paragraph 5 e , and the required renewal fee.

    Out-of-state residents must also submit a complete set of fingerprints and fingerprint processing fee. The license shall be renewed upon receipt of the completed renewal form, color photograph, appropriate payment of fees, and, if applicable, fingerprints. A license may not be renewed days or more after its expiration date, and such a license is deemed to be permanently expired.

    A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees under subsection 5 must be submitted, and a background investigation shall be conducted pursuant to this section. A person who knowingly files false information under this subsection is subject to criminal prosecution under s. If the license renewal requirements in paragraph a are met within the day extension period, the servicemember may not be charged any additional costs, such as, but not limited to, late fees or delinquency fees, above the normal license fees.

    Any place of nuisance as defined in s. Any police, sheriff, or highway patrol station;. Any detention facility, prison, or jail;. Any courthouse;. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;. Any polling place;. Any meeting of the governing body of a county, public school district, municipality, or special district;.

    Any meeting of the Legislature or a committee thereof;. Any school, college, or professional athletic event not related to firearms;. Any elementary or secondary school facility or administration building;. Any career center;. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;.

    The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or. Any place where the carrying of firearms is prohibited by federal law. All revenues collected, less those costs determined by the Department of Agriculture and Consumer Services to be nonrecurring or one-time costs, shall be deferred over the 7-year licensure period.

    Notwithstanding the provisions of s. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited.

    This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights. I of the State Constitution.

    This exemption applies to such information held by the division before, on, or after the effective date of this section. This exemption applies to such information held by the tax collector before, on, or after the effective date of this subsection. The Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm to any such justice or judge upon demonstration of competence of the justice or judge pursuant to s.

    Charges for fingerprint services under this subsection are not subject to the sales tax on fingerprint services imposed in s. VIII of the State Constitution, to accept applications on behalf of the division for concealed weapon or firearm licenses. Such appointment shall be for specified locations that will best serve the public interest and convenience in applying for these licenses. A violation of this paragraph is subject to s. Obtained a completed form from the potential buyer or transferee, which form shall have been promulgated by the Department of Law Enforcement and provided by the licensed importer, licensed manufacturer, or licensed dealer, which shall include the name, date of birth, gender, race, and social security number or other identification number of such potential buyer or transferee and has inspected proper identification including an identification containing a photograph of the potential buyer or transferee.

    Collected a fee from the potential buyer for processing the criminal history check of the potential buyer. The Department of Law Enforcement may reduce, or suspend collection of, the fee to reflect payment received from the Federal Government applied to the cost of maintaining the criminal history check system established by this section as a means of facilitating or supplementing the National Instant Criminal Background Check System. The Department of Law Enforcement shall, by rule, establish procedures for the fees to be transmitted by the licensee to the Department of Law Enforcement.

    Such procedures must provide that fees may be paid or transmitted by electronic means, including, but not limited to, debit cards, credit cards, or electronic funds transfers. All such fees shall be deposited into the Department of Law Enforcement Operating Trust Fund, but shall be segregated from all other funds deposited into such trust fund and must be accounted for separately. Such segregated funds must not be used for any purpose other than the operation of the criminal history checks required by this section.

    The Department of Law Enforcement, each year before February 1, shall make a full accounting of all receipts and expenditures of such funds to the President of the Senate, the Speaker of the House of Representatives, the majority and minority leaders of each house of the Legislature, and the chairs of the appropriations committees of each house of the Legislature.

    Requested, by means of a toll-free telephone call or other electronic means, the Department of Law Enforcement to conduct a check of the information as reported and reflected in the Florida Crime Information Center and National Crime Information Center systems as of the date of the request. Received a unique approval number for that inquiry from the Department of Law Enforcement, and recorded the date and such number on the consent form.

    Has been convicted of a felony and is prohibited from receipt or possession of a firearm pursuant to s. Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited from purchasing a firearm;. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred; or.

    Has been adjudicated mentally defective or has been committed to a mental institution by a court or as provided in sub-sub-subparagraph b. II , and as a result is prohibited by state or federal law from purchasing a firearm. The phrase includes a judicial finding of incapacity under s. The phrase includes involuntary inpatient placement as defined in s. II , reviewed the record of the finding, certification, notice, and written acknowledgment classifying the person as an imminent danger to himself or herself or others, and ordered that such record be submitted to the department.

    In order to check for these conditions, the department shall compile and maintain an automated database of persons who are prohibited from purchasing a firearm based on court records of adjudications of mental defectiveness or commitments to mental institutions. Reports shall be submitted in an automated format. The reports must, at a minimum, include the name, along with any known alias or former name, the sex, and the date of birth of the subject. No fee shall be charged for the filing under this sub-sub-subparagraph.

    The clerk must present the records to a judge or magistrate within 24 hours after receipt of the records. A judge or magistrate is required and has the lawful authority to review the records ex parte and, if the judge or magistrate determines that the record supports the classifying of the person as an imminent danger to himself or herself or others, to order that the record be submitted to the department. If a judge or magistrate orders the submittal of the record to the department, the record must be submitted to the department within 24 hours.

    A person who has been adjudicated mentally defective or committed to a mental institution, as those terms are defined in this paragraph, may petition the court that made the adjudication or commitment, or the court that ordered that the record be submitted to the department pursuant to sub-sub-subparagraph c. II , for relief from the firearm disabilities imposed by such adjudication or commitment. A copy of the petition shall be served on the state attorney for the county in which the person was adjudicated or committed.

    The state attorney may object to and present evidence relevant to the relief sought by the petition. The hearing on the petition may be open or closed as the petitioner may choose. The petitioner may present evidence and subpoena witnesses to appear at the hearing on the petition. The petitioner may confront and cross-examine witnesses called by the state attorney. A record of the hearing shall be made by a certified court reporter or by court-approved electronic means. The court shall make written findings of fact and conclusions of law on the issues before it and issue a final order.

    If the final order denies relief, the petitioner may not petition again for relief from firearm disabilities until 1 year after the date of the final order. The petitioner may seek judicial review of a final order denying relief in the district court of appeal having jurisdiction over the court that issued the order. The review shall be conducted de novo. Relief from a firearm disability granted under this sub-subparagraph has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication of mental defectiveness or commitment to a mental institution from which relief is granted.

    Upon receipt of proper notice of relief from firearm disabilities granted under sub-subparagraph d. The department is authorized to disclose data collected pursuant to this subparagraph to agencies of the Federal Government and other states for use exclusively in determining the lawfulness of a firearm sale or transfer. The department is also authorized to disclose this data to the Department of Agriculture and Consumer Services for purposes of determining eligibility for issuance of a concealed weapons or concealed firearms license and for determining whether a basis exists for revoking or suspending a previously issued license pursuant to s.

    When a potential buyer or transferee appeals a nonapproval based on these records, the clerks of court and mental institutions shall, upon request by the department, provide information to help determine whether the potential buyer or transferee is the same person as the subject of the record. Photographs and any other data that could confirm or negate identity must be made available to the department for such purposes, notwithstanding any other provision of state law to the contrary. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

    This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds. The minor shall not receive credit for time served before adjudication.

    This subsection applies to all public sector employers, including those already prohibited from regulating firearms under the provisions of s. Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed. If you have not done so already, you must surrender immediately to the insert name of local law enforcement agency all firearms and ammunition that you own in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under s. You may not have in your custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect.

    You have the right to request one hearing to vacate this order, starting after the date of the issuance of this order, and to request another hearing after every extension of the order, if any. You may seek the advice of an attorney as to any matter connected with this order. You are required to surrender all firearms and ammunition that you own in your custody, control, or possession.

    You must surrender immediately to the insert name of local law enforcement agency all firearms and ammunition in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under s. A hearing will be held on the date and at the time noted above to determine if a risk protection order should be issued.

    Failure to appear at that hearing may result in a court issuing an order against you which is valid for 1 year. The 48 hours may be extended by an order issued by the Governor. A self-defense chemical spray. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.


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    • The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen under s. Nothing herein limits the authority of the appointing or employing agency or department from establishing policies limiting law enforcement officers or correctional officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s.

      Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance.

      Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s.

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      The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Found guilty of a crime under the provisions of chapter or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted; or.

      Committed for the abuse of a controlled substance under chapter or under the provisions of former chapter or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s.

      Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;. Completion of any National Rifle Association firearms safety or training course;. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, or private or public institution or organization or firearms training school, using instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;.

      Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement;. Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;.

      Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; or. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years.

      The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case.

      The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence. The cost of processing fingerprints as required in paragraph c shall be borne by the applicant. However, an individual holding an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer, correctional officer, or correctional probation officer as defined in s.

      If such individual wishes to receive a concealed weapon or firearm license, he or she is exempt from the background investigation and all background investigation fees but must pay the current license fees regularly required to be paid by nonexempt applicants. Further, a law enforcement officer, a correctional officer, or a correctional probation officer as defined in s. Charges for fingerprint services under this paragraph are not subject to the sales tax on fingerprint services imposed in s.

      The cost of processing such fingerprints shall be payable to the Department of Law Enforcement by the Department of Agriculture and Consumer Services. Issue the license; or. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsection 2 or subsection 3. If the Department of Agriculture and Consumer Services denies the application, it shall notify the applicant in writing, stating the ground for denial and informing the applicant of any right to a hearing pursuant to chapter In the event the department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.

      Consular security official licenses shall be valid for 1 year and may be renewed upon completion of the application process as provided in this section. The licensee must renew his or her license on or before the expiration date by filing with the Department of Agriculture and Consumer Services the renewal form containing an affidavit submitted under oath and under penalty of perjury stating that the licensee remains qualified pursuant to the criteria specified in subsections 2 and 3 , a color photograph as specified in paragraph 5 e , and the required renewal fee.

      Out-of-state residents must also submit a complete set of fingerprints and fingerprint processing fee. The license shall be renewed upon receipt of the completed renewal form, color photograph, appropriate payment of fees, and, if applicable, fingerprints. A license may not be renewed days or more after its expiration date, and such a license is deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees under subsection 5 must be submitted, and a background investigation shall be conducted pursuant to this section.

      A person who knowingly files false information under this subsection is subject to criminal prosecution under s. If the license renewal requirements in paragraph a are met within the day extension period, the servicemember may not be charged any additional costs, such as, but not limited to, late fees or delinquency fees, above the normal license fees. Any place of nuisance as defined in s. Any police, sheriff, or highway patrol station;.

      Any detention facility, prison, or jail;. Any courthouse;. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;. Any polling place;. Any meeting of the governing body of a county, public school district, municipality, or special district;. Any meeting of the Legislature or a committee thereof;. Any school, college, or professional athletic event not related to firearms;.

      Any elementary or secondary school facility or administration building;. Any career center;. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;.

      The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or. Any place where the carrying of firearms is prohibited by federal law. All revenues collected, less those costs determined by the Department of Agriculture and Consumer Services to be nonrecurring or one-time costs, shall be deferred over the 7-year licensure period.

      Notwithstanding the provisions of s. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section.

      Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights.

      I of the State Constitution. This exemption applies to such information held by the division before, on, or after the effective date of this section. This exemption applies to such information held by the tax collector before, on, or after the effective date of this subsection. The Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm to any such justice or judge upon demonstration of competence of the justice or judge pursuant to s. Charges for fingerprint services under this subsection are not subject to the sales tax on fingerprint services imposed in s.

      VIII of the State Constitution, to accept applications on behalf of the division for concealed weapon or firearm licenses. Such appointment shall be for specified locations that will best serve the public interest and convenience in applying for these licenses. A violation of this paragraph is subject to s.

      MISSISSIPPI GUN LAWS

      Obtained a completed form from the potential buyer or transferee, which form shall have been promulgated by the Department of Law Enforcement and provided by the licensed importer, licensed manufacturer, or licensed dealer, which shall include the name, date of birth, gender, race, and social security number or other identification number of such potential buyer or transferee and has inspected proper identification including an identification containing a photograph of the potential buyer or transferee.

      Collected a fee from the potential buyer for processing the criminal history check of the potential buyer. The Department of Law Enforcement may reduce, or suspend collection of, the fee to reflect payment received from the Federal Government applied to the cost of maintaining the criminal history check system established by this section as a means of facilitating or supplementing the National Instant Criminal Background Check System.

      The Department of Law Enforcement shall, by rule, establish procedures for the fees to be transmitted by the licensee to the Department of Law Enforcement. Such procedures must provide that fees may be paid or transmitted by electronic means, including, but not limited to, debit cards, credit cards, or electronic funds transfers.

      All such fees shall be deposited into the Department of Law Enforcement Operating Trust Fund, but shall be segregated from all other funds deposited into such trust fund and must be accounted for separately. Such segregated funds must not be used for any purpose other than the operation of the criminal history checks required by this section. The Department of Law Enforcement, each year before February 1, shall make a full accounting of all receipts and expenditures of such funds to the President of the Senate, the Speaker of the House of Representatives, the majority and minority leaders of each house of the Legislature, and the chairs of the appropriations committees of each house of the Legislature.

      Requested, by means of a toll-free telephone call or other electronic means, the Department of Law Enforcement to conduct a check of the information as reported and reflected in the Florida Crime Information Center and National Crime Information Center systems as of the date of the request.

      Received a unique approval number for that inquiry from the Department of Law Enforcement, and recorded the date and such number on the consent form. Has been convicted of a felony and is prohibited from receipt or possession of a firearm pursuant to s. Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited from purchasing a firearm;. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred; or.

      Has been adjudicated mentally defective or has been committed to a mental institution by a court or as provided in sub-sub-subparagraph b. II , and as a result is prohibited by state or federal law from purchasing a firearm. The phrase includes a judicial finding of incapacity under s. The phrase includes involuntary inpatient placement as defined in s. II , reviewed the record of the finding, certification, notice, and written acknowledgment classifying the person as an imminent danger to himself or herself or others, and ordered that such record be submitted to the department.

      In order to check for these conditions, the department shall compile and maintain an automated database of persons who are prohibited from purchasing a firearm based on court records of adjudications of mental defectiveness or commitments to mental institutions. Reports shall be submitted in an automated format.

      The reports must, at a minimum, include the name, along with any known alias or former name, the sex, and the date of birth of the subject.

      What You'll Find

      No fee shall be charged for the filing under this sub-sub-subparagraph. The clerk must present the records to a judge or magistrate within 24 hours after receipt of the records. A judge or magistrate is required and has the lawful authority to review the records ex parte and, if the judge or magistrate determines that the record supports the classifying of the person as an imminent danger to himself or herself or others, to order that the record be submitted to the department.

      If a judge or magistrate orders the submittal of the record to the department, the record must be submitted to the department within 24 hours. A person who has been adjudicated mentally defective or committed to a mental institution, as those terms are defined in this paragraph, may petition the court that made the adjudication or commitment, or the court that ordered that the record be submitted to the department pursuant to sub-sub-subparagraph c. II , for relief from the firearm disabilities imposed by such adjudication or commitment.

      A copy of the petition shall be served on the state attorney for the county in which the person was adjudicated or committed. The state attorney may object to and present evidence relevant to the relief sought by the petition. The hearing on the petition may be open or closed as the petitioner may choose. The petitioner may present evidence and subpoena witnesses to appear at the hearing on the petition. The petitioner may confront and cross-examine witnesses called by the state attorney. A record of the hearing shall be made by a certified court reporter or by court-approved electronic means.

      The court shall make written findings of fact and conclusions of law on the issues before it and issue a final order. If the final order denies relief, the petitioner may not petition again for relief from firearm disabilities until 1 year after the date of the final order. The petitioner may seek judicial review of a final order denying relief in the district court of appeal having jurisdiction over the court that issued the order.

      The review shall be conducted de novo. Relief from a firearm disability granted under this sub-subparagraph has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication of mental defectiveness or commitment to a mental institution from which relief is granted. Upon receipt of proper notice of relief from firearm disabilities granted under sub-subparagraph d. The department is authorized to disclose data collected pursuant to this subparagraph to agencies of the Federal Government and other states for use exclusively in determining the lawfulness of a firearm sale or transfer.

      The department is also authorized to disclose this data to the Department of Agriculture and Consumer Services for purposes of determining eligibility for issuance of a concealed weapons or concealed firearms license and for determining whether a basis exists for revoking or suspending a previously issued license pursuant to s. When a potential buyer or transferee appeals a nonapproval based on these records, the clerks of court and mental institutions shall, upon request by the department, provide information to help determine whether the potential buyer or transferee is the same person as the subject of the record.

      Photographs and any other data that could confirm or negate identity must be made available to the department for such purposes, notwithstanding any other provision of state law to the contrary. Any such information that is made confidential or exempt from disclosure by law shall retain such confidential or exempt status when transferred to the department. Review any records available to it to determine whether the potential buyer or transferee has been indicted or has had an information filed against her or him for an offense that is a felony under either state or federal law, or, as mandated by federal law, has had an injunction for protection against domestic violence entered against the potential buyer or transferee under s.

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      Criminal anarchy under ss. Extortion under s. Explosives violations under s. Controlled substances violations under chapter Resisting an officer with violence under s. Weapons and firearms violations under this chapter. Treason under s.