Bill in Florida which would've banned Tazing kids under 16 hits snag

[Terminator]

TALLAHASSEE, Fla. -- A pair of bills that would prohibit police and others from using stun guns on children 16 or younger are in trouble after their sponsor failed to appear before a legislative committee Tuesday.
The Senate Education Committee postponed the bills and chairwoman Evelyn Lynn, R-Ormond Beach, said she was unsure whether they would be brought up again. The bills were filed after police officers drew criticism for using stun guns against children, including an elementary school pupil.
The committee had earlier delayed action on one of the bills by Sen. Gary Siplin, D-Orlando, rather than vote it down to give him a chance to offer changes in response to criticism from law enforcement officials. Siplin was not in Tallahassee due to an emergency and misunderstanding, a woman in his Orlando office said.
He did not immediately return a message seeking comment. "The problem with the bill when we discussed it previously -- and sheriffs will tell you -- is that you do not know what age a child is," Lynn said.
Lynn said lawmakers are also worried that police would shoot children if barred from using stun guns. A Senate staff report also notes it would be difficult for any citizen using a stun gun for self-defense to know if a youthful attacker is 16 or under.
The bills were introduced after Miami-Dade County officers used a stun gun on a 6-year-old boy who was wielding a piece of glass in a principal's office and on a 12-year-old girl who was playing hooky. The girl was drunk and, while trying to escape the officer, was about to run into traffic when she was stunned, police said.
A Jacksonville officer received a three-day suspension last year for zapping a 13-year-old girl at least twice with a stun gun while she was handcuffed in the back seat of his caged patrol car.
Siplin's first bill (SB 318) would prohibit anyone, including police, from using a Taser or similar weapon that can stun a person with a high-voltage jolt of electricity on a child 16 or younger on school grounds.
His second bill (SB 554) would extend the same prohibition to any place if the stun gun user knew or should have known the child was 16 or younger. A violation could be punished by up to a year in jail and $1,000 fine.
Sen. Carey Baker, R-Eustis, said law enforcement officials have twice taken time away from their duties to appear at committee meetings. Several were on hand Tuesday but the bills were delayed without public testimony.
Baker, a gun shop owner, said Siplin also has never discussed the bills' problems with committee members.
"I would recommend that, really, until the sponsor can address our committee's concerns individually, I'd recommend that we not hear these bills again," Baker said.
More than 100 people have died in the United States and Canada since 2001 after being shocked with a Taser, including several in Florida. In nearly all cases the deaths were blamed on other factors including drug use.
Police and manufacturers insist the weapons are safe, but some jurisdictions have limited their use.
Another bill (CS-SB 214) would allow police and correctional officers to use stun guns only on subjects who offer active physical resistance and have the apparent ability to physically threaten officers and others or on suspects who are attempting to flee or escape.

[Virginian]

What a bunch of crap. Now you have to ask for ID before you can defend yourself

[bigdog21]

there is a guy named siplin trying to make it illegal to posses stunguns unless a leo

A bill to be entitled

2 An act relating to weapons; creating s.

3 790.223, F.S.; defining the term "stun gun";

4 prohibiting the manufacture, display, sale,

5 repair, or possession of a stun gun; providing

6 criminal penalties; providing exceptions;

7 providing an effective date.

8

9 Be It Enacted by the Legislature of the State of Florida:

10

11 Section 1. Section 790.223, Florida Statutes, is

12 created to read:

13 790.223 Stun gun unlawful to manufacture, sell,

14 repair, or possess; penalty.--

15 (1) "Stun gun" as used in this section means any item,

16 including a Taser, used or intended to be used as an offensive

17 or defensive weapon capable of temporarily immobilizing a

18 person by inflicting an electrical charge.

19 (2) A person may not manufacture, display, sell,

20 repair, own, possess, or use a stun gun.

21 (3)(a) Any person who manufactures, displays, sells,

22 offers for sale, repairs, or delivers any stun gun commits a

23 misdemeanor of the first degree, punishable as provided in s.

24 775.082 or s. 775.083.

25 (b) Any person who possesses a stun gun commits a

26 misdemeanor of the first degree, punishable as provided in s.

27 775.082 or s. 775.083.

28 (c) Any person who possesses with intent to use a stun

29 gun in the commission of a criminal act commits a felony of

30 the third degree, punishable as provided in s. 775.082, s.

31 775.083, or s. 775.084.

1

CODING: Words stricken are deletions; words underlined are additions.






Florida Senate - 2006 SB 340
19-206-06




1 (4) This section does not apply to:

2 (a) The possession of any item described in subsection

3 (1) by any law enforcement agency or by any law enforcement

4 officer, when possessed in connection with the performance of

5 his or her duty as a law enforcement officer.

6 (b) The manufacture or repair of items described in

7 subsection (1) exclusively for sale or delivery to law

8 enforcement agencies.

9 (c) The sale, repair, or delivery of items described

10 in subsection (1) to law enforcement agencies.

11 Section 2. This act shall take effect October 1, 2006.

12

13 ****************************** ***********

14 SENATE SUMMARY

15 Prohibits the manufacture, display, sale, or possession
of a stun gun. Provides criminal penalties.
16

[Retdetsgt]

What a bunch of crap. Now you have to ask for ID before you can defend yourself

I agree about the ID thing, but if you need a tazer on a 12 year old, you need to quit and get a job in a grocery store.

What prompted this bill was probably the tazing of a 6 year old and then later an 11 year old girl.

[bigdog21]

some 12 yr old r the size of 15 or 16 yr olds you have to take that into account also

[bigdog21]

So why do u think siplin wants to make stun guns illegal for non leos?

[MisterK]

What about when a 15 1/2 year old little gang banger pulls a gun? Anyone who thinks a kid that old in today's time isn't dangerous is deluding themselves.

[Terminator]

A 15 1/2 year old with a gun will be eating lead, not a tazer.

But, if you are only allowed to taze someone 16 and up, how can you enforce that? I mean, are you supposed to be able to know in a split second how old they are by first glance?

[MisterK]

True true..

The idea that it's ok to taze someone at age 16 and 1 day but not ok at 15 and 364 days is dumb.

Just one more thing to monday morning quarterback about.

[Virginian]

And regardless of size, I'm not going to let some 8 year old cut me with glass or a knife just because tazing him is "mean." If he makes the decision to attempt to harm me, I'd give him several warnings and then he would deal with the consequences. No reason for me to put myself at risk of getting cut just to save some kid's feelings.

[kdm0409]

some 12 yr old r the size of 15 or 16 yr olds you have to take that into account also

I have a few big boys at my school....I am only in a school with 6th, 7th, 8th Graders....There is one that is 6'2, 250lbs, and luckily is in the band lol...then there is another one that is 5'10, 230lbs, thugish, but luckily does not cause problems here at school...One of these kids is 13 and the other 14... I dont carry a taser, but the City PD does and they will zap your ass in a heart beat no matter what...

[Retdetsgt]

What about when a 15 1/2 year old little gang banger pulls a gun? Anyone who thinks a kid that old in today's time isn't dangerous is deluding

That's another problem with tazers, people expect them to be used in lieu of a gun. It's moronic to taze someone pointing a gun at you.

[Retdetsgt]

I have a few big boys at my school....I am only in a school with 6th, 7th, 8th Graders....There is one that is 6'2, 250lbs, and luckily is in the band lol...then there is another one that is 5'10, 230lbs, thugish, but luckily does not cause problems here at school...One of these kids is 13 and the other 14... I dont carry a taser, but the City PD does and they will zap your ass in a heart beat no matter what...

Are these kids muscular or fat? Most kids that size at that young age are pus guts.

[Terminator]

That's another problem with tazers, people expect them to be used in lieu of a gun. It's moronic to taze someone pointing a gun at you.

Originally Posted by Terminator
A 15 1/2 year old with a gun will be eating lead, not a tazer.

EXACTLY!!! I would never use a tazer in place of a deadly force weapon.

[kdm0409]

Are these kids muscular or fat? Most kids that size at that young age are pus guts.

These 2 are actually muscular, I have a few that are just fat...one that is about 5'5 and almost 300 lbs....close to my height and almost 3 times my weight ...

[cntryboy0531]

I hope this shit doesn't pass.

I agree with RetDetSgt with what he said earlier about tazing a 6 and 11yr old.

Now, beyond that, I've seen some big ass kids (much bigger than me) that are under 16.

[Retdetsgt]

Again, they're trying to legislate common sense because people weren't using it.

[cntryboy0531]

Again, they're trying to legislate common sense because people weren't using it.

Uh huh.

[BEK]

Well Tasers are used prior to pepper and the baton where I am from. Tasers are used for suspect and officer safety. Personally I would rather take a 5 sec ride then deal with pepper for 1/2 hour. They wouldnt be talking about the kid stuff if parents would step up and take care of their kids and not leave them for LE and schools to babysit. I think that the schools should be allowed to properly punish the kids for getting outta line and we should be allowed to do our job with out being put under a microscope for months on end...I think in order for them to tell us how to do our job in a fraction of a second that we have to make a decision. They should try to say "you shoulda..." in the same amount of time. Hey I wouldnt tase a 11 year old but if there was a situation where I thought it might save the kids life I would.
I dont know if anyone else understands what I just said but I do and thats all that matters

[Terminator]

I dont know if anyone else understands what I just said but I do and thats all that matters

Loud and clear....it's called an "ideal world." Unfortunately, we don't live in such a world.