Florida Senate - 2025 CS for SB 490 By the Committee on Criminal Justice; and Senator Collins 591-02124-25 2025490c1 1 A bill to be entitled 2 An act relating to concealed carry licensing 3 requirements for law enforcement officers, 4 correctional officers, correctional probation 5 officers, and military servicemembers; amending s. 6 790.052, F.S.; specifying that correctional probation 7 officers have the right to carry concealed firearms, 8 during off-duty hours, at the discretion of their 9 superior officers; authorizing correctional probation 10 officers to perform certain law enforcement functions 11 under limited circumstances; revising the definition 12 of the terms qualified law enforcement officer and 13 qualified retired law enforcement officer; 14 specifying that if the superior officer of the 15 Department of Corrections decides to direct the 16 officers under his or her supervision to carry 17 concealed firearms while off duty, he or she must file 18 a certain statement with the governing body of the 19 department; amending s. 790.0655, F.S.; revising the 20 exceptions to the required 3-day waiting period 21 between purchase and delivery of a firearm; defining 22 the term holder of a concealed weapons or concealed 23 firearms license; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Section 790.052, Florida Statutes, is amended to 28 read: 29 790.052Carrying concealed firearms; off-duty law 30 enforcement officers. 31 (1)(a)All persons holding active certifications from the 32 Criminal Justice Standards and Training Commission as law 33 enforcement officers, or correctional officers, or correctional 34 probation officers as defined in s. 943.10(1), (2), (3), (6), 35 (7), (8), or (9) shall have the right to carry, on or about 36 their persons, concealed firearms, during off-duty hours, at the 37 discretion of their superior officers, and may perform those law 38 enforcement functions that they normally perform during duty 39 hours, utilizing their weapons in a manner which is reasonably 40 expected of on-duty officers in similar situations. 41 (b)All persons holding an active certification from the 42 Criminal Justice Standards and Training Commission as a law 43 enforcement officer, or a correctional officer, or a 44 correctional probation officer as defined in s. 943.10(1), (2), 45 (3), (6), (7), (8), or (9) meet the definition of qualified law 46 enforcement officer in 18 U.S.C. s. 926B(c). 47 (c)All persons who held an active certification from the 48 Criminal Justice Standards and Training Commission as a law 49 enforcement officer, or correctional officer, or correctional 50 probation officer as defined in s. 943.10(1), (2), (3), (6), 51 (7), (8), or (9), while working for an employing agency, as 52 defined in s. 943.10(4), but have separated from service under 53 the conditions set forth in 18 U.S.C. s. 926C(c), meet the 54 definition of qualified retired law enforcement officer. 55 (d)This section does not limit the right of a law 56 enforcement officer, correctional officer, or correctional 57 probation officer to carry a concealed firearm off duty as a 58 private citizen under the exemption provided in s. 790.06 that 59 allows a law enforcement officer, correctional officer, or 60 correctional probation officer as defined in s. 943.10(1), (2), 61 (3), (6), (7), (8), or (9) to carry a concealed firearm without 62 a concealed weapon or concealed firearm license or as otherwise 63 provided by law. The appointing or employing agency or 64 department of an officer carrying a concealed firearm as a 65 private citizen is not liable for the use of the firearm in such 66 capacity. This section does not limit the authority of the 67 appointing or employing agency or department from establishing 68 policies limiting law enforcement officers or correctional 69 officers from carrying concealed firearms during off-duty hours 70 in their capacity as appointees or employees of the agency or 71 department. 72 (2)The superior officer of any police department, any or 73 sheriffs office, or the Florida Highway Patrol, or the 74 Department of Corrections, if he or she elects to direct the 75 officers under his or her supervision to carry concealed 76 firearms while off duty, shall file a statement with the 77 governing body of such department of his or her instructions and 78 requirements relating to the carrying of said firearms. 79 Section 2.Section 790.0655, Florida Statutes, is amended 80 to read: 81 790.0655Purchase and delivery of firearms; mandatory 82 waiting period; exceptions; penalties. 83 (1)(a)A mandatory waiting period is imposed between the 84 purchase and delivery of a firearm. The mandatory waiting period 85 is 3 days, excluding weekends and legal holidays, or expires 86 upon the completion of the records checks required under s. 87 790.065, whichever occurs later. Purchase means the transfer 88 of money or other valuable consideration to the retailer. 89 Retailer means and includes a licensed importer, licensed 90 manufacturer, or licensed dealer engaged in the business of 91 making firearm sales at retail or for distribution, or use, or 92 consumption, or storage to be used or consumed in this state, as 93 defined in s. 212.02(13). 94 (b)Records of firearm sales must be available for 95 inspection by any law enforcement agency, as defined in s. 96 934.02, during normal business hours. 97 (2)The waiting period does not apply in the following 98 circumstances: 99 (a)When a firearm is being purchased by a holder of a 100 concealed weapons or concealed firearms license issued under s. 101 790.06. 102 (b)To a trade-in of another firearm. 103 (c)To the purchase of a rifle or shotgun, upon a persons 104 successfully completing a minimum of a 16-hour hunter safety 105 course and possessing a hunter safety certification card issued 106 under s. 379.3581. A person who is exempt from the hunter safety 107 course requirements under s. 379.3581 and holds a valid Florida 108 hunting license is exempt from the mandatory waiting period 109 under this section for the purchase of a rifle or shotgun. 110 (d)When a rifle or shotgun is being purchased by a law 111 enforcement officer or correctional officer, as those terms are 112 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 113 servicemember as defined in s. 250.01. 114 (3)It is a felony of the third degree, punishable as 115 provided in s. 775.082, s. 775.083, or s. 775.084: 116 (a)For any retailer, or any employee or agent of a 117 retailer, to deliver a firearm before the expiration of the 118 waiting period, subject to the exceptions provided in subsection 119 (2). 120 (b)For a purchaser to obtain delivery of a firearm by 121 fraud, false pretense, or false representation. 122 (4)For purposes of this section, the term: 123 (a)Holder of a concealed weapons or concealed firearms 124 license includes all of the following: 125 1.A person who holds a valid license issued under s. 126 790.06. 127 2.A law enforcement officer, correctional officer, or 128 correctional probation officer, as those terms are defined in s. 129 943.10(1), (2), (3), (6), (7), (8), or (9). 130 3.A servicemember as defined in s. 250.01. 131 (b)Purchase means the transfer of money or other 132 valuable consideration to the retailer. 133 (c)Retailer means and includes a licensed importer, 134 licensed manufacturer, or licensed dealer engaged in the 135 business of making firearm sales at retail or for distribution, 136 or use, or consumption, or storage to be used or consumed in 137 this state, as defined in s. 212.02(13). 138 Section 3.This act shall take effect July 1, 2025.