© 2016 League of Women Voters of Florida

LWVF Position Copyright 2016 League of Women Voters of Florida 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 2

Copyright 2016 League of Women Voters of Florida 3

Florida Gun Permitting Permit not required to own a gun for: Home Vehicle Hunting/Fishing— including long guns Concealed carry permit required for handguns— FL is a “Shall Issue” state (FL Statute ) Copyright 2016 League of Women Voters of Florida 4

Concealed Weapons Permits Requirements for FL concealed carry permit 21+ years of age Background check 3-day waiting period Demonstrate competency firing a weapon Reciprocity—Permit accepted from another state Copyright 2016 League of Women Voters of Florida 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 1.4M (1,384,756) Floridians with valid concealed weapon permit—2 times more than Texas (March 2015) Copyright 2016 League of Women Voters of Florida 6

Background Checks By licensed dealers, manufacturers, and importers Reasons for denial Conviction of felony or active arrest warrant Illegal drug use and/or chronic alcoholism Active domestic violence or Protective Order Mental incompetence as determined by court or involuntary commitment by judge Dishonorable discharge from military Copyright 2016 League of Women Voters of Florida 7

Sellers and Buyers of Firearms Sellers Federally licensed gun dealers BUT, not required for gun shows or online Buyers of long guns 18+ years old US resident Fingerprints and specialized permit not required No waiting period Copyright 2016 League of Women Voters of Florida 8

Buyers of handguns 21+ years old 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 Permit is for concealed carry, not to own a gun No laws limit ownership of semi-automatic weapons or specify magazine capacity Copyright 2016 League of Women Voters of Florida 9

Gun Show Loophole Licensed firearm dealers at gun shows are required to run background checks—BUT Private sellers at gun shows are NOT required to do background checks Online sellers are NOT required to do background checks Copyright 2016 League of Women Voters of Florida 10

Results Approximately 40% of gun sales go unchecked 92% of Americans support background checks Copyright 2016 League of Women Voters of Florida 2.4M gun sales blocked by background checks 11

Preemption FS State law displaces local law Prohibits localities from enacting their own firearm regulations State can nullify local ordinances Draconian penalties for violation: $5,000 fine and removal from public office Copyright 2016 League of Women Voters of Florida 12

Other Critical Legal Issues Stand Your Ground Physician Gag Law Campus Carry Open Carry Copyright 2016 League of Women Voters of Florida Limited BG Checks SYG Doc Gag 2015 Florida Gun Law Grade 2015 Law Center to Prevent Gun Violence 13

Copyright 2016 League of Women Voters of Florida 14

Stand Your Ground Copyright 2016 League of Women Voters of Florida FS Originates from “Castle Doctrine” Presumption of threat of bodily harm or death Applies where any person has a “right to be” No “duty to retreat” Immunity from criminal prosecution or civil action 15

Copyright 2016 League of Women Voters of Florida 16

SYG Expansion Copyright 2016 League of Women Voters of Florida Would have shifted 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 Defeated in FL in 2016! 17

Copyright 2016 League of Women Voters of Florida 18

Child Safety First, the facts… Children ages 5-14 are 11 times more likely to be killed accidentally with a gun compared with children in other developed countries 1.2M Americans died in all wars fought since 1776; AND 1.4M Americans died via household guns since , toddlers have shot one victim per week 2015, 3,387 children & teens killed or injured by guns— 13% increase over 2014 Copyright 2016 League of Women Voters of Florida 19

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 2016 League of Women Voters of Florida 20

“Physician Gag Law” FS opposed by American Medical Association, American Academy of Pediatrics, American Academy of Family Physicians, American College of Physicians, and American College of Emergency Physicians Prohibits doctors from discussing firearm safety with patients Signed into law by Governor Rick Scott in 2011 In 2014, 11 th Circuit Court of Appeals panel upheld law Now back before full court Copyright 2016 League of Women Voters of Florida 21

Domestic Violence By the facts… Abused women are 5 times more likely to be killed if the abuser owns a firearm Domestic violence assaults involving a firearm are 12 times more likely to result in death Florida has no law requiring the surrender of firearms by convicted domestic abusers Florida law does not ban gun possession for domestic violence misdemeanors or stalking Copyright 2016 League of Women Voters of Florida 22

Suicide Guns and suicide—a fatal link More firearm suicides than homicides, almost 2:1 Suicide is the 2 nd leading cause of death among year olds Adolescent suicide is 4 times more likely in homes with a loaded, unlocked firearm 85-90% of suicides with a firearm end in death Firearm homicide rates are down; suicides up by same %. Copyright 2016 League of Women Voters of Florida 23

Copyright 2016 League of Women Voters of Florida 24

Campus Carry Would allow the concealed carry of a firearm on a public university or college campus 9 states allow campus carry Defeated in FL in 2015 & 2016! Copyright 2016 League of Women Voters of Florida 25

7 out of 10 Floridians Majority of students & parents State University System Board of Governors Association of Florida Colleges All campus presidents United Faculty of Florida All campus police chiefs Who Opposes CC? Copyright 2016 League of Women Voters of Florida 26

Who Supports CC? National Rifle Association Florida Carry Students for Concealed Carry Copyright 2016 League of Women Voters of Florida 27

Open Carry Would allow permit holders to openly carry handguns in public places 45 states have some form of open carry Defeated in FL in 2016! Copyright 2016 League of Women Voters of Florida 28

Why Not CC and OC? Injury and death Intimidation Economic impact Tougher for law enforcement to do its job Effect on 1 st Amendment Copyright 2016 League of Women Voters of Florida 29

2016 Grass Roots Victories Campus Carry—No! Open Carry—No! Stand-Your-Ground Expansion—No! Join the LWVF Gun Safety Initiative AND VOTE! Thank You ◊ Patricia Brigham ◊ Copyright 2016 League of Women Voters of Florida 30