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HomeMy WebLinkAbout1979-27INDIAN RIVER COUNTY ORDINANCE 79-27 AN ORDINANCE RELATING TO UNIFORM POLICY AND PROCEDURE FQR THE ISSUANCE OF LICENSES TO CARRY CONCEALED PISTOLS WHICIH ORDINANCE SHALL BE ENTITLED THE INDIAN RIVER COUNTY UNIFORM PISTOL LICENSING ORDINANCE; PROVIDING FOR AUTHORITY AND A SHORT TITLE; PROVIDING CRITERIA FOR ISSUANCE OF LICENSES; PROVIDING FOR APPLICATION FORM; PROVIDING FOR DESIGNATING OF FIREARMS; PROVIDING EXEMPTIONS FROM COURSE REQUIREMENTS; DESIGNATING COURSES OF INSTRUCTION IN FIREARM SAFETY AND HANDLING; PRO- VIDING FOR AN INVESTIGATION; PROVIDING FOR FILING OF APPLICATIONS; PROVIDING FOR THE NONTRANSFERABILITY OF LICENSES; PROVIDING FOR LICENSING FORM; PROVIDING FOR THE AMENDMENT OF LICENSES; PROVIDING FOR EXPIRATION, RENEWAL, REPLACEMENT AND REQUALIFICATION; PROVIDING FOR THE REVOCATION OF LICENSES; PROVIDING FOR A FEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Uniform Pistol Licensing Policy; Authority; Short Title. 1. This ordinance is enacted under the authority of Section 790.06, Florida Statutes (1977) and the Home Rule Power of Indian River County, Florida, for the purpose of providing a uniform policy and procedure for the issuance of a license to carry a concealed pistol on the person. This ordinance shall be effective in the unincorporated areas of Indian River County and within those incorporated areas where it is not in conflict with a municipal ordinance. 2. This ordinance shall County Uniform Pistol Licensing Ordinance." Section 2. Criteria for Issuance of License to Carry Concealed Weapon. Prior to the issuance of a license to carry firearms under Section 790.06, Florida Statutes (1977), all applicants shall be required to submit evidence and certify to the Board of County Commissioners that: (a) The applicant is over the age of eighteen (18) years of age at the time of application. (b) The applicant is of good moral character and has not been convicted of a felony as per Section 790.23, Florida Statutes. be known as the "Indian River STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS 1S A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK BY 14C‘21A0 DATE /d////1? (c) The applicant is not an unlawful user of or addicted to any controlled substance as defined in Chapter 893, Florida Statutes. (d) The applicant has not been convicted of a violation of Section 790.07, Florida Statutes, or any equivalent offense under Federal or State law, unless two (2) years have elapsed since the applicant has been restored to his civil rights. (e) The applicant has not been adjudicated a mental incompetent or been committed to a mental in- stitution as being dangerous to himself or others, unless he has been judicially restored to competency and possesses a certificate of a medical doctor licensed in the State of Florida that he no longer suffers from said disability. (f) The applicant affirmatively establishes that he or she intends a proper use of or has a demonstrable need for carrying a concealed pistol. In affirmatively establishing the propriety of the use of or necessity for carrying a concealed pistol, the applicant must show: (1) That the applicant has been the subject of substantiated serious threats against his or her life requiring police investigation or action and that such threats are likely to continue in existence ; or (2) The applicant has a demonstrated need to carry a firearm as a result of his occupation, em- ployment, profession or other relevant factor or activities; and (3) In instances where a license is sought for pro- tection in the lawful carrying or transport of controlled substances or personal property that: (i) There is no other means of transport other than personal transport available; -2- 'and (ii) That escort or security transport services are not available. (4) In instances where an employee seeks a license for gun carried on the employer's premises, a letter of consent and a statement of necessity shall be required from the employer. (g) The applicant has satisfactorily completed, using the firearm designated in the application required by Section 3 of this ordinance, a designated course in firearm safety and handling within six (6) months prior to the date of application for said license. All licenses issued pursuant to this ordinance shall be for a period not to exceed two (2) years and shall be issued subject to the applicant giving a bond payable to the Governor of the State of Florida in the sum of One Hundred Dollars ($100.00), conditioned for the proper and legitimate use of said weapon, with sureties to be approved by the Board of County Commissioners. Section 3. Applications - Form. 1. The form of application shall be determined by resolution of the Board of County Commissioners provided, how- ever, that each application shall contain the following: (a) Each individual signing an application shall submit one photograph of himself and a duplicate for each required copy of the application. Such photograph shall have been taken within thirty (30) days prior to filing the application and shall be 1 x 1-1/4 inches square. (b) A sworn statement indicating the use of and necessity for carrying a concealed pistol. (c) An approved form containing the applicant's fingerprints. (d) A sworn statement that the applicant has complied with all criteria and procedures established by this ordinance. -3- ■ f (e) Documentation evidencing that the applicant has met the criteria established under this ordinance, in- cluding but not limited to police reports, affidavits, certificates of the non-existence of public records regarding criminal convictions and adjudication and restoration as to mental competence, and certificate of completion and proficiency from an approved firearms safety and handling course. Section 4. Designation of Firearm. All applicants for licenses to carry concealed weapons and all applicants for renewal of such license shall designate on their license application the type (automatic or revolver), caliber, length of barrel and serial number of the firearm they intend to carry. All applicants for licenses or renewal of licenses are hereby required to use the firearm designated on their application when completing the designated course in firearm safety and handling. Persons desiring to designate more than one firearm of a particular type, caliber or size shall do so on their application and shall be required to satisfactorily complete a designated course in firearm safety and handling, using each such firearm designated. After completion of the qualification or requali- fication requirements with the designated firearm or firearms, such person's license shall only give the licensee authority to carry the firearm designated on the application and license issued pursuant thereto. Section 5. Exemptions from Course Requirements. Not- withstanding the provisions of Section 2 of this ordinance, the Board of County Commissioners of Indian River County, Florida, may issue a license to carry a concealed weapon without proof of satisfactory completion of the designated course in firearm safety and handling where it is shown, to the satisfaction of the Board of County Commissioners, that the applicant is an expert in the use and handling of the firearm designated on his application. -4- Section 6. Designation of Courses in Instruction in Firearm Safety and Handling. The Board of County Commissioners of Indian River County, Florida, shall designate by resolution those courses in instruction, satisfactory completion of which is required for compliance with Section 2 of this ordinance, but in no case shall a course be designated which fails as a minimum to meet the required criteria for class "G" statewide gun permits specified in Chapter IC -3.17 of the rules of the Department of State for private investigative agencies. Section 7. Investigation. The Sheriff of Indian River County shall conduct a record check on all applicants in order to determine whether an applicant has been convicted of any criminal offense that would affect his eligibility. Section 8. Notice of Filing and of Approved Applications. Notice of application for a license shall be published once in a newspaper of general circulation in the County prior to approval by the Board of County Commissioners. The application for any license, if granted, shall be a public record and shall be filed by the County Administrator with the Clerk of the Board of County Commissioners. Section 9. License Validity; Nontransferable. 1. All license applications must be approved by the Board of County Commissioners before a valid license may be issued by the County Administrator or his designee. Approval or denial shall be based upon compliance with the criteria established under Section 2. Section 10. License Form 1. Any license issued under this ordinance shall: (a) Have a photograph of the licensee attached to or made a part of the license form; (b) Specify the caliber, make, model, and serial number or other identifying characteristic or marking; (c) Specify the date of expiration; (d) Specify the use of the pistol for which the license has been issued; -5- (e) Be signed by the Clerk of the Board of County Commissioners or her deputy. Section 11. License Amendment. Any person licensed under this ordinance may at any time seek an amendment to his or her license to include or delete pistols from the license. Section 12. Renewal; Expiration, Replacement. 1. Licenses shall expire upon the expiration date set by the Board of County Commissioners at the time of issue. The Commission shall consider the nature of the need stated for the permit in setting the expiration date which shall in no event exceed two (2) years. 2. A license issued hereunder shall be automatically renewed upon: (a) Presentation of an updated record check by the Sheriff of Indian River County; (b) The presentation of an affidavit stating that all criteria and requirements of this ordinance have been complied with; (c) Upon payment of the fee required by Section 15 of this ordinance; (d) Upon requalifying by satisfactorily completing a designated course in firearm safety and handling as provided in Section 6 of this ordinance. 3. Upon satisfactory proof that a currently valid original license has been despoiled, lost or otherwise removed from the possession of the licensee, and upon application containing an additional photograph of the licensee, the County Administrator or his designee shall issue a duplicate license. 4. Licensee shall report to the Sheriff of Indian River County, within 36 hours any theft, or other loss of sale of the firearm licensed by this ordinance; and in the case of a sale, licensee shall obtain from the purchaser a receipt showing the name and address of the purchaser and the identifying data of the firearm, as required by Section 4, which notification -6- k5 shall cancel or suspend the license pending recovery of the fire- arm, in the case of theft or other loss. Section 13. License Revocation. 1. Any license issued under this ordinance may be revoked by the Board of County Commissioners upon a determination that: (a) A licensee has been convicted of a felony; (b) A libensee has misrepresented or concealed facts on his application which bear on the proper use of or need for carrying a concealed pistol; (c) A licensee no longer meets the criteria for eligi- bility specified in this ordinance. 2. Revocation shall be automatic upon conviction of a felony, and a license shall be suspended upon a licensee being charged with commission of a felony or having received a court ordered referral for psychiatric evaluation,the period of suspension shall continue until all charges have been disposed in the event of a felony charge or satisfactory determination by a licensed medical doctor in response to the court ordered psychiatric evaluation; however, no license may be revoked under Section 13 (1) (b) or (c) above, until a hearing has been held by the County Administrator or his designee after at least fifteen (15) days written notice thereof to the licensee. The hearing official shall make findings of fact, a recommendation, and present a transcript of all hearings to the Board of County Commissioners prior to the revocation of any license by the Board of County Commissioners Section 14. Fee. All applications for a license or renewal shall be accompanied by an administrative fee to be determined by resolution of the Board of County Commissioners. Section 15. Severability. It is declared to be the intent of the Board of County Commissioners that, if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. -7- Section 16. Effective Date. This ordinance shall take effect the 9th day of November, 1979.