Florida Senate - 2024 SB 1286 By Senator Collins 14-01515-24 20241286__ 1 A bill to be entitled 2 An act relating to the return of weapons and arms 3 following an arrest; amending s. 790.08, F.S.; 4 requiring that weapons, electric weapons or devices, 5 or arms taken from a person pursuant to an arrest 6 which are not seized as evidence be returned upon 7 request to the person from whom they were taken if 8 specified conditions are met; authorizing a sheriff or 9 chief of police to develop reasonable procedures to 10 ensure the timely return of certain weapons, electric 11 weapons or devices, or arms; prohibiting a sheriff or 12 chief of police from requiring a court order before 13 releasing certain weapons, electric weapons or 14 devices, or arms; providing an exception; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1.Subsection (1) of section 790.08, Florida 20 Statutes, is amended to read: 21 790.08Taking possession of weapons and arms; reports; 22 disposition; custody. 23 (1)(a)Every officer making an arrest under s. 790.07, or 24 under any other law or municipal ordinance within the state, 25 shall take possession of any weapons, electric weapons or 26 devices, or arms mentioned in s. 790.07 found upon the person 27 arrested and deliver them to the sheriff of the county, or the 28 chief of police of the municipality wherein the arrest is made, 29 who shall retain the same until after the trial of the person 30 arrested. 31 (b)Any weapons, electric weapons or devices, or arms that 32 are taken from a person under paragraph (a) which are not seized 33 as evidence must be returned upon request to the person from 34 whom the weapons, electric weapons or devices, or arms were 35 taken if the person meets all of the following criteria: 36 1.The person has been released from detention. 37 2.The person provides a form of government-issued 38 photographic identification. 39 3.If requesting the return of a firearm, a completed 40 criminal history background check confirms the person is not 41 prohibited from possessing a firearm under state or federal law, 42 including not having any prohibition arising from an injunction, 43 a risk protection order, or any other court order prohibiting 44 the person from possessing a firearm. 45 (c)The sheriff or chief of police may develop reasonable 46 procedures to ensure the timely return of weapons, electric 47 weapons or devices, or arms which are not inconsistent with this 48 subsection. 49 (d)The sheriff or chief of police may not require a court 50 order to release weapons, electric weapons or devices, or arms 51 that are not seized as evidence in a criminal proceeding unless 52 there are competing claims of ownership of such weapons, 53 electric weapons or devices, or arms. 54 Section 2.This act shall take effect July 1, 2024.