Florida H 941 - Domestic Violence

Florida H 941

by Rep. Anna Eskamani (D)

LEAP Forward Position: Support


(4) A person convicted of a misdemeanor offense of domestic violence shall, upon conviction, be required to surrender all firearms and ammunition in his or her possession as provided in subsection (5).

(5)(a) Upon being convicted of a misdemeanor offense of domestic violence under this section, the court shall order the

defendant to surrender to the local law enforcement agency all firearms and ammunition owned by the defendant in the defendant’s custody, control, or possession except as provided in subsection (6), and to surrender any license to carry a concealed weapon or firearm issued under s. 790.06.

(b) The law enforcement officer carrying out the court order shall request that the defendant immediately surrender all firearms and ammunition owned by the defendant in his or her custody, control, or possession and any license to carry a concealed weapon or firearm issued under s. 790.06. The law enforcement officer shall take possession of all firearms and ammunition owned by the defendant and any license to carry a concealed weapon or firearm issued under s. 790.06 which are surrendered. Alternatively, if personal service by a law enforcement officer is not possible or is not required because the defendant was present at the court hearing when the judge entered the order, the defendant must surrender any firearms and ammunition he or she owns and any license to carry a concealed weapon or firearm issued under s. 790.06 in a safe manner to the control of the local law enforcement agency immediately after being served with the order by service or immediately after the hearing at which the defendant was present. Notwithstanding ss. 933.02 and 933.18, a law enforcement officer may seek a search warrant from a court of competent jurisdiction to conduct a search for firearms or ammunition owned by the defendant if the

officer has probable cause to believe that there are firearms or ammunition owned by the defendant in the defendant’s custody, control, or possession which have not been surrendered.

(c) At the time of surrender, a law enforcement officer taking possession of any firearm or ammunition owned by the defendant, or a license to carry a concealed weapon or firearm issued under s. 790.06, shall issue a receipt identifying all firearms surrendered, the quantity and type of ammunition surrendered, and any license surrendered and shall provide a copy of the receipt to the defendant. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt.

(d) Notwithstanding ss. 933.02 and 933.18, upon the sworn statement or testimony of any person alleging that the defendant has failed to comply with the surrender of firearms or ammunition owned by the defendant, as required by an order issued under this subsection, the court shall determine whether probable cause exists to believe that the defendant has failed to surrender all firearms or ammunition owned by the defendant in the defendant’s custody, control, or possession. If the court finds that probable cause exists, the court must issue a warrant describing the firearms or ammunition owned by the defendant and authorizing a search of the locations where the firearms or

ammunition owned by the defendant are reasonably believed to be found and requiring the seizure of any firearms or ammunition owned by the defendant discovered pursuant to such search.

(e) If a person other than the defendant claims title to any firearms or ammunition surrendered pursuant to this section and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or ammunition, the firearm or ammunition must be returned to him or her if:

1. The lawful owner agrees to store the firearm or ammunition in a manner such that the defendant does not have access to or control of the firearm or ammunition; and

2. The firearm or ammunition is not otherwise unlawfully possessed by the owner.

(f) All law enforcement agencies must develop policies and procedures regarding the acceptance, the storage, and the return of firearms, ammunition, or licenses required to be surrendered under this section.

(6) A defendant may elect to transfer all firearms and ammunition he or she owns which have been surrendered to or seized by a local law enforcement agency pursuant to subsection (5) to another person who is willing to receive the defendant’s firearms and ammunition. The law enforcement agency must allow such a transfer only if it is determined that the chosen recipient:

(a) Currently is eligible to own or possess a firearm and

ammunition under federal and state law after confirmation through a background check;

(b) Attests to storing the firearms and ammunition in a manner such that the defendant does not have access to or control of the firearms and ammunition; and

(c) Attests not to transfer the firearms or ammunition back to the defendant.