Florida Senate - 2013                                    SB 1670
       
       
       
       By Senator Joyner
       
       
       
       
       19-00825A-13                                          20131670__
    1                        A bill to be entitled                      
    2         An act relating to assault weapons and magazines;
    3         creating s. 790.222, F.S.; defining terms; prohibiting
    4         a person from manufacturing, importing, possessing,
    5         purchasing, selling, or transferring any assault
    6         weapon or large-capacity magazine; providing
    7         exceptions; providing criminal penalties; requiring an
    8         officer who makes an arrest for a violation of this
    9         act or for any offense involving the use or attempted
   10         use of an assault weapon or large-capacity magazine to
   11         take possession of the assault weapon or large
   12         capacity magazine and to retain the assault weapon or
   13         magazine until disposition of the charge for which the
   14         person was arrested; providing for disposition of the
   15         assault weapon or large-capacity magazine after the
   16         person is convicted or acquitted; providing for the
   17         legal disposition of an assault weapon or large
   18         capacity magazine after specified dates; providing a
   19         procedure for a person to voluntarily surrender an
   20         assault weapon or large-capacity magazine; providing a
   21         procedure for notice to a local or state law
   22         enforcement agency of the person’s intention to
   23         surrender the assault weapon or large-capacity
   24         magazine; providing for the registration of the
   25         assault weapon or large-capacity magazine under
   26         certain circumstances; requiring the Department of Law
   27         Enforcement to provide every county sheriff with the
   28         training and forms necessary to perform background
   29         checks and register assault weapons and large-capacity
   30         magazines with the department; requiring a registered
   31         owner of an assault weapon or large-capacity magazine
   32         to annually renew the registration; requiring a
   33         registered owner of an assault weapon or large
   34         capacity magazine to report loss or theft to the
   35         appropriate law enforcement agency within a certain
   36         timeframe; requiring each licensed firearm dealer to
   37         conspicuously post at each purchase counter a warning
   38         in block letters which provides adequate notice of the
   39         time periods and criminal penalties contained in this
   40         section for compliance with the act; amending s.
   41         775.087, F.S.; increasing criminal penalties for the
   42         possession or use of an assault weapon during the
   43         commission of certain specified offenses; providing
   44         for severability; providing an effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Effective July 1, 2013, section 790.222, Florida
   49  Statutes, is created to read:
   50         790.222Assault weapons and magazines; restrictions on
   51  transfer and possession.—
   52         (1) DEFINITIONS.—As used in this section, the term:
   53         (a)“Assault weapon” means:
   54         1.A semiautomatic rifle that has the capacity to accept a
   55  detachable magazine and has one or more of the following:
   56         a.A pistol grip or thumbhole stock.
   57         b.Any feature capable of functioning as a protruding grip
   58  that can be held by the nontrigger hand.
   59         c. A folding or telescoping stock.
   60         d. A shroud that is attached to the barrel, or that
   61  partially or completely encircles the barrel, allowing the
   62  bearer to hold the firearm with the nontrigger hand without
   63  being burned, but excluding a slide that encloses the barrel.
   64         2.A semiautomatic pistol, or any semiautomatic, centerfire
   65  or rimfire rifle with a fixed magazine, which has the capacity
   66  to accept more than 10 rounds of ammunition.
   67         3.A semiautomatic pistol that has the capacity to accept a
   68  detachable magazine and has one or more of the following:
   69         a. Any feature capable of functioning as a protruding grip
   70  that can be held by the nontrigger hand.
   71         b. A folding, telescoping, or thumbhole stock.
   72         c. A shroud that is attached to the barrel, or that
   73  partially or completely encircles the barrel, allowing the
   74  bearer to hold the firearm with the nontrigger hand without
   75  being burned, but excluding a slide that encloses the barrel.
   76         d. The capacity to accept a detachable magazine at any
   77  location outside the pistol grip.
   78         4. A semiautomatic shotgun that has one or more of the
   79  following:
   80         a. A pistol grip or thumbhole stock.
   81         b. Any feature capable of functioning as a protruding grip
   82  that can be held by the nontrigger hand.
   83         c. A folding or telescoping stock.
   84         d. A fixed magazine capacity in excess of five rounds.
   85         e. The capacity to accept a detachable magazine.
   86         5. A shotgun with a revolving cylinder.
   87         6. A conversion kit, part, or combination of parts from
   88  which an assault weapon can be assembled if the kit, part, or
   89  combination of parts is in the possession or under the control
   90  of the same person.
   91  
   92  The term assault weapon” does not include a firearm that has
   93  been made permanently inoperable or an antique firearm as
   94  defined in s. 790.001.
   95         (b) “Department” means the Florida Department of Law
   96  Enforcement.
   97         (c) “Detachable magazine” means an ammunition feeding
   98  device that can be loaded or unloaded while detached from a
   99  firearm and readily inserted into a firearm.
  100         (d) “Fixed magazine” means an ammunition feeding device
  101  contained in, or permanently attached to, a firearm in such a
  102  manner that the device cannot be removed without disassembly of
  103  the firearm action.
  104         (e) “Large-capacity magazine” means an ammunition feeding
  105  device having the capacity to accept more than 10 rounds, or a
  106  conversion kit, part, or combination of parts from which such a
  107  device can be assembled if the kit, part, or combination of
  108  parts is in the possession or under the control of the same
  109  person. The term does not include any of the following:
  110         1.A feeding device that has been permanently altered so
  111  that it cannot accommodate more than 10 rounds.
  112         2.A .22 caliber tube ammunition feeding device.
  113         3.A tubular magazine that is contained in a lever-action
  114  firearm.
  115         (2) PROHIBITION.—Notwithstanding any other law to the
  116  contrary, a person may not manufacture, import, possess,
  117  purchase, sell, or transfer any assault weapon or large-capacity
  118  magazine, as defined in this section, except as specifically
  119  authorized in subsection (3) or subsection (6).
  120         (3) EXCEPTIONS TO THE PROHIBITION.—Subsection (2) does not
  121  apply to:
  122         (a) A person who is employed by a federal, state, county,
  123  or municipal law enforcement agency or a correctional agency for
  124  use in the performance of the person’s lawful duties.
  125         (b) A person who is a member of the Armed Forces of the
  126  United States, the organized reserves, or the Florida National
  127  Guard while on official military duty, in authorized training
  128  for official military duty, or subject to recall or mobilization
  129  and under order to possess an assault weapon or large-capacity
  130  magazine.
  131         (c) A firearm manufacturer or dealer who is properly
  132  licensed under federal law to supply assault weapons or large
  133  capacity magazines to any branch of the Armed Forces of the
  134  United States or to a law enforcement agency in this state.
  135         (d) A licensed firearm dealer who sells a lawfully
  136  possessed assault weapon or large-capacity magazine to a
  137  licensed firearm dealer in another state.
  138         (4) PENALTIES.—A person who knowingly violates subsection
  139  (2) commits a felony of the second degree, punishable as
  140  provided in s. 775.082, s. 775.083, or s. 775.084.
  141         (5) SEIZURE AND FORFEITURE OF ASSAULT WEAPONS.—
  142         (a) An officer who makes an arrest for a violation of
  143  subsection (2) or for any offense involving the use or attempted
  144  use of an assault weapon or large-capacity magazine shall take
  145  possession of the assault weapon or large-capacity magazine and
  146  retain it until after disposition of the charge for which the
  147  person is arrested.
  148         (b) If the person arrested is convicted or found guilty,
  149  regardless of adjudication, of a violation of subsection (2) or
  150  an offense involving the use or attempted use of an assault
  151  weapon or large-capacity magazine, the seized assault weapon or
  152  large-capacity magazine is forfeited to the state, with or
  153  without an order of forfeiture, and must be destroyed as
  154  provided in paragraph (d).
  155         (c) If the person arrested is acquitted of the charge of
  156  violating subsection (2) or an offense involving the use or
  157  attempted use of an assault weapon or large-capacity magazine,
  158  the seized assault weapon or large-capacity magazine:
  159         1. Must be returned to the person upon order of the court
  160  if the person demonstrates lawful ownership or possession of the
  161  assault weapon or large-capacity magazine in accordance with
  162  state and federal law.
  163         2. Is forfeited to the state, with or without an order of
  164  forfeiture, and must be destroyed as provided in paragraph (d)
  165  if the person fails to demonstrate to the court lawful ownership
  166  or possession of the assault weapon or large-capacity magazine
  167  in accordance with state and federal law within 10 days after
  168  acquittal or dismissal of the charges.
  169         (d) An assault weapon or large-capacity magazine that is
  170  forfeited to the state must be destroyed by the agency that has
  171  possession of the weapon or large-capacity magazine within 60
  172  days after the date it is forfeited to the state.
  173         (6) GRACE PERIODS.—A grace period from the prohibition on
  174  the transfer or possession of an assault weapon or large
  175  capacity magazine as provided under (2) applies in the following
  176  cases:
  177         (a)Any person who has lawful possession of an assault
  178  weapon or large-capacity magazine in this state before July 1,
  179  2013, has until December 31, 2013 to:
  180         1. Lawfully transfer the assault weapon or large-capacity
  181  magazine to a person outside this state or to an agency that may
  182  lawfully possess an assault weapon or large-capacity magazine;
  183         2. Have the assault weapon or magazine modified to render
  184  it permanently inoperable; or
  185         3. Take other action, as provided under (8), to ensure that
  186  continued possession of the assault weapon or large-capacity
  187  magazine is not in violation of state or federal law.
  188         (b) A person who comes into lawful possession of a lawfully
  189  held assault weapon or large-capacity magazine on or after July
  190  1, 2013, has 120 days after the date of obtaining possession of
  191  the assault weapon or large-capacity magazine to:
  192         1. Lawfully transfer the assault weapon or large-capacity
  193  magazine to a person outside this state or to an agency that may
  194  lawfully possess an assault weapon or large-capacity magazine;
  195         2. Have the assault weapon or large-capacity magazine
  196  modified to render it permanently inoperable; or
  197         3. Take other action to ensure that continued possession of
  198  the assault weapon or large-capacity magazine is not in
  199  violation of state or federal law.
  200  
  201  As used in this paragraph, the term “come into lawful possession
  202  of a lawfully held assault weapon or large-capacity magazine”
  203  means obtaining an assault weapon or large-capacity magazine
  204  through an estate, a gift, a bequest, or an inheritance.
  205         (7) VOLUNTARY SURRENDER OF AN ASSAULT WEAPON OR LARGE
  206  CAPACITY MAGAZINE.—
  207         (a) A person who voluntarily surrenders an unlawfully
  208  possessed assault weapon or large-capacity magazine in
  209  accordance with this subsection to a local or state law
  210  enforcement agency after giving the agency written notice of the
  211  intention to surrender the weapon or magazine and the date and
  212  time of the intended surrender does not commit unlawful
  213  possession of the weapon or magazine. However, if, after notice
  214  has been given but before the weapon or magazine is surrendered,
  215  the person uses or attempts to use the weapon or magazine in
  216  committing a crime, the person may be charged and prosecuted for
  217  unlawful possession of the weapon or magazine.
  218         (b) The notice must specify the type of assault weapon or
  219  large-capacity magazine to be surrendered and the time, place,
  220  and date of the surrender. The date of surrender may not be more
  221  than 1 week after the date the notice is given.
  222         (c) The assault weapon or large-capacity magazine must be
  223  transported and surrendered unloaded and in a secured manner so
  224  that it is not readily accessible for use.
  225         (d) Upon the request of the person surrendering an assault
  226  weapon or large-capacity magazine, the law enforcement agency
  227  receiving the weapon or magazine shall issue a receipt for the
  228  weapon or magazine. In surrendering the weapon or magazine, the
  229  person releases any claim of ownership in or title to the weapon
  230  or magazine, agrees to the forfeiture of the weapon or magazine
  231  to the state, and agrees for the weapon or magazine to be
  232  destroyed as provided in paragraph (5)(d).
  233         (8)REGISTRATION OF ASSAULT WEAPONS OR LARGE-CAPACITY
  234  MAGAZINES IN CIRCULATION BEFORE JULY 1, 2013; FUTURE
  235  COMPLIANCE.—
  236         (a) Notwithstanding ss. 790.335 and 790.336, a person who
  237  is in lawful possession of an assault weapon or large-capacity
  238  magazine before July 1, 2013, has until December 31, 2013 to do
  239  the following without being subject to criminal prosecution for
  240  possession of the weapon or magazine:
  241         1.Unless the person is currently prohibited by law from
  242  possessing a firearm, immediately register the assault weapon in
  243  his or her possession, with no more than three large-capacity
  244  magazines, with the department, through the person’s local
  245  sheriff, and dispose of any remaining large-capacity magazines
  246  in his or her possession by any method listed in paragraph
  247  (6)(a); and
  248         2.Submit to a background check conducted by the department
  249  by providing the information necessary under s. 790.065 to
  250  confirm that he or she is not a prohibited purchaser under 18
  251  U.S.C. s. 922 or any other applicable state law.
  252         (b)A registered owner of an assault weapon or large
  253  capacity magazine shall annually renew the registration, subject
  254  to the completion of a new background check.
  255         (c)A registered owner shall report the loss or theft of a
  256  registered assault weapon or large-capacity magazine to the
  257  appropriate law enforcement agency within 48 hours after the
  258  discovery of the loss or theft.
  259         (9) FUNCTIONS OF THE DEPARTMENT.—
  260         (a) The Department of Law Enforcement shall provide every
  261  person so asking with the forms necessary for the person to
  262  complete the required registration procedures, including the
  263  requisite background checks, and information on the safe use of
  264  firearms.
  265         (b)The department shall provide every county sheriff with
  266  the training and forms necessary to register assault weapons and
  267  large-capacity magazines with the department. Registration
  268  information must include the make, model, description, caliber,
  269  and serial number and the results of the registered owner’s
  270  background check.
  271         (10) NOTICE TO BE POSTED.—A licensed firearm dealer must
  272  conspicuously post at each purchase counter a warning in block
  273  letters of at least 1 inch in height which provides adequate
  274  notice of the time periods applicable for grace periods and
  275  registrations of assault weapons and large-capacity magazines
  276  and for the criminal penalties contained in this section.
  277         Section 2. Subsection (3) of section 775.087, Florida
  278  Statutes, is amended to read:
  279         775.087 Possession or use of weapon; aggravated battery;
  280  felony reclassification; minimum sentence.—
  281         (3)(a)1. Any person who is convicted of a felony or an
  282  attempt to commit a felony, regardless of whether the use of a
  283  firearm is an element of the felony, and the conviction was for:
  284         a. Murder;
  285         b. Sexual battery;
  286         c. Robbery;
  287         d. Burglary;
  288         e. Arson;
  289         f. Aggravated assault;
  290         g. Aggravated battery;
  291         h. Kidnapping;
  292         i. Escape;
  293         j. Sale, manufacture, delivery, or intent to sell,
  294  manufacture, or deliver any controlled substance;
  295         k. Aircraft piracy;
  296         l. Aggravated child abuse;
  297         m. Aggravated abuse of an elderly person or disabled adult;
  298         n. Unlawful throwing, placing, or discharging of a
  299  destructive device or bomb;
  300         o. Carjacking;
  301         p. Home-invasion robbery;
  302         q. Aggravated stalking; or
  303         r. Trafficking in cannabis, trafficking in cocaine, capital
  304  importation of cocaine, trafficking in illegal drugs, capital
  305  importation of illegal drugs, trafficking in phencyclidine,
  306  capital importation of phencyclidine, trafficking in
  307  methaqualone, capital importation of methaqualone, trafficking
  308  in amphetamine, capital importation of amphetamine, trafficking
  309  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  310  (GHB), trafficking in 1,4-Butanediol, trafficking in
  311  Phenethylamines, or other violation of s. 893.135(1);
  312  
  313  and during the commission of the offense, the such person
  314  possessed a semiautomatic firearm or an assault weapon, as
  315  defined in s. 790.222, and its high-capacity detachable box
  316  magazine, or a machine gun, as defined in s. 790.001, shall be
  317  sentenced to a minimum term of imprisonment of 20 15 years.
  318         2. Any person who is convicted of a felony or an attempt to
  319  commit a felony listed in subparagraph (a)1., regardless of
  320  whether the use of a weapon is an element of the felony, and
  321  during the course of the commission of the felony the such
  322  person discharged an assault weapon as defined in s. 790.222, a
  323  semiautomatic firearm as defined in s. 790.222, and its high
  324  capacity box magazine or a machine gun “machine gun” as defined
  325  in s. 790.001 shall be sentenced to a minimum term of
  326  imprisonment of 25 20 years.
  327         3. Any person who is convicted of a felony or an attempt to
  328  commit a felony listed in subparagraph (a)1., regardless of
  329  whether the use of a weapon is an element of the felony, and
  330  during the course of the commission of the felony such person
  331  discharged an assault weapon as defined in s. 790.222, a
  332  semiautomatic firearm as defined in s. 790.001, and its high
  333  capacity box magazine or a machine gun “machine gun” as defined
  334  in s. 790.001 and, as the result of the discharge, death or
  335  great bodily harm was inflicted upon any person, the convicted
  336  person shall be sentenced to a minimum term of imprisonment of
  337  not less than 25 years and not more than a term of imprisonment
  338  of life in prison.
  339         Section 3. If any provision of this act or its application
  340  to any person or circumstance is held invalid, the invalidity
  341  does not affect other provisions or applications of the act
  342  which can be given effect without the invalid provision or
  343  application, and to this end the provisions of this act are
  344  severable.
  345         Section 4. This act shall take effect July 1, 2013.