F.S. 2017 WEAPONS AND FIREARMS Ch. 790
state when the resident makes such purchase, trade, or
transfer from a licensed importer, licensed manufacturer,
or licensed dealer in another state.
(2) Upon receipt of a request for a criminal history
record check, the Department of Law Enforcement
shall, during the licensee’s call or by return call, forthwith:
(a) Review any records available to determine if the
potential buyer or transferee:
1. Has been convicted of a felony and is prohibited
from receipt or possession of a firearm pursuant to s.
790.23;
2. Has been convicted of a misdemeanor crime of
domestic violence, and therefore is prohibited from
purchasing a firearm;
3. 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
4. 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.
a. As used in this subparagraph, “adjudicated
mentally defective” means a determination by a court
that a person, as a result of marked subnormal
intelligence, or mental illness, incompetency, condition,
or disease, is a danger to himself or herself or to others
or lacks the mental capacity to contract or manage his or
her own affairs. The phrase includes a judicial finding of
incapacity under s. 744.331(6)(a), an acquittal by
reason of insanity of a person charged with a criminal
offense, and a judicial finding that a criminal defendant
is not competent to stand trial.
b. As used in this subparagraph, “committed to a
mental institution” means:
(I) Involuntary commitment, commitment for mental
defectiveness or mental illness, and commitment for
substance abuse. The phrase includes involuntary
inpatient placement as defined in s. 394.467, involuntary
outpatient placement as defined in s. 394.4655,
involuntary assessment and stabilization under s.
397.6818, and involuntary substance abuse treatment
under s. 397.6957, but does not include a person in a
mental institution for observation or discharged from a
mental institution based upon the initial review by the
physician or a voluntary admission to a mental institution;
or
(II) Notwithstanding sub-sub-subparagraph (I), voluntary
admission to a mental institution for outpatient or
inpatient treatment of a person who had an involuntary
examination under s. 394.463, where each of the
following conditions have been met:
(A) An examining physician found that the person is
an imminent danger to himself or herself or others.
(B) The examining physician certified that if the
person did not agree to voluntary treatment, a petition
for involuntary outpatient or inpatient treatment would
have been filed under s. 394.463(2)(g)4., or the
examining physician certified that a petition was filed
and the person subsequently agreed to voluntary
treatment prior to a court hearing on the petition.
(C) Before agreeing to voluntary treatment, the
person received written notice of that finding and
certification, and written notice that as a result of such
finding, he or she may be prohibited from purchasing a
firearm, and may not be eligible to apply for or retain a
concealed weapon or firearms license under s. 790.06
and the person acknowledged such notice in writing, in
substantially the following form:
“I understand that the doctor who examined me believes
I am a danger to myself or to others. 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.”
(D) A judge or a magistrate has, pursuant to subsub
subparagraph c.(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.
c. 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.
(I) Except as provided in sub-sub-subparagraph
(II), clerks of court shall submit these records to the
department within 1 month after the rendition of the
adjudication or commitment. 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.
(II) For persons committed to a mental institution
pursuant to sub-sub-subparagraph b.(II), within 24
hours after the person’s agreement to voluntary admission,
a record of the finding, certification, notice, and
written acknowledgment must be filed by the administrator
of the receiving or treatment facility, as defined in
s. 394.455, with the clerk of the court for the county in
which the involuntary examination under s. 394.463
occurred. 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
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