Florida Senate - 2017                                     SB 254
       
       
        
       By Senator Stewart
       
       13-00271A-17                                           2017254__
    1                        A bill to be entitled                      
    2         An act relating to gun safety; creating s. 790.30,
    3         F.S.; providing definitions; prohibiting the sale or
    4         transfer of an assault weapon or large capacity
    5         ammunition magazine; providing exceptions; providing
    6         criminal penalties; prohibiting possession of an
    7         assault weapon or large-capacity magazine; providing
    8         exceptions; providing criminal penalties; requiring
    9         certificates of possession for assault weapons or
   10         large capacity ammunition magazines lawfully possessed
   11         before a specified date; limiting transfers of assault
   12         weapons or large capacity ammunition magazines
   13         represented by such certificates; providing conditions
   14         for continued possession of such weapons or large
   15         capacity ammunition magazines; requiring certificates
   16         of transfer for transfers of assault weapons or large
   17         capacity magazines; providing for relinquishment of
   18         assault weapons or large capacity magazines; providing
   19         requirements for transportation of assault weapons or
   20         large capacity magazines; providing criminal
   21         penalties; specifying circumstances in which the
   22         manufacture or transportation of assault weapons or
   23         large capacity magazines is not prohibited; exempting
   24         permanently inoperable firearms from provisions;
   25         amending s. 775.087, F.S.; providing enhanced criminal
   26         penalties for certain offenses when committed with an
   27         assault weapon or large capacity magazine; providing
   28         an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 790.30, Florida Statutes, is created to
   33  read:
   34         790.30Assault weapons.—
   35         (1)DEFINITIONS.—As used in this section, the term:
   36         (a)1.“Assault weapon” means any selective-fire firearm
   37  capable of fully automatic, semiautomatic or burst fire at the
   38  option of the user or any of the following specified
   39  semiautomatic firearms:
   40         a.All AK series, including, but not limited to, the
   41  following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
   42  NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
   43  and Vector Arms AK-47.
   44         b.All AR series, including, but not limited to, the
   45  following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
   46  M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
   47  M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
   48  AR rifles.
   49         c.Algimec AGM1.
   50         d.Barrett 82A1 and REC7.
   51         e.Beretta AR-70 and Beretta Storm.
   52         f.Bushmaster Auto Rifle.
   53         g.Calico Liberty series.
   54         h.Chartered Industries of Singapore SR-88.
   55         i.Colt Sporter.
   56         j.Daewoo K-1, K-2, Max-1, and Max 2.
   57         k.FAMAS MAS 223.
   58         l.Federal XC-900 and SC-450.
   59         m.Fabrique National FN/FAL, FN/LAR, or FNC.
   60         n.FNH PS90, SCAR, and FS2000.
   61         o.Goncz High Tech Carbine.
   62         p.Hi-Point Carbine.
   63         q.HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
   64         r.Kel-Tec Sub-2000, SU series, RFB.
   65         s.M1 Carbine.
   66         t.SAR-8, SAR-4800, SR9;
   67         u.SIG 57 AMT and 500 Series.
   68         v.Sig Sauer MCX Rifle.
   69         w.SKS capable of accepting a detachable magazine.
   70         x.SLG 95.
   71         y.SLR 95 or 96.
   72         z.Spectre Auto Carbine.
   73         aa.Springfield Armory BM59, SAR-48, and G-3.
   74         bb.Sterling MK-6 and MK-7.
   75         cc.Steyr AUG.
   76         dd.Sturm Ruger Mini-14 with folding stock.
   77         ee.TNW M230, M2HB.
   78         ff.Thompson types, including Thompson T5.
   79         gg.UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
   80  Rifle (Galatz), or Vector Arms UZI.
   81         hh.Weaver Arms Nighthawk.
   82         2.All of the following handguns, copies, duplicates, or
   83  altered facsimiles with the capability of any such weapon
   84  thereof:
   85         a.AK-47 pistol, Mini AK-47 pistol.
   86         b.AR-15 pistol.
   87         c.Australian Automatic Arms SAP pistol.
   88         d.Bushmaster Auto Pistol.
   89         e.Calico Liberty series pistols.
   90         f.Encom MK-IV, MP-9, and MP-45.
   91         g.Feather AT-9 and Mini-AT.
   92         h.Goncz High Tech Long pistol.
   93         i.Holmes MP-83.
   94         j.Iver Johnson Enforcer.
   95         k.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
   96  Velocity Arms VMA series.
   97         l.Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
   98         m.UZI pistol, Micro-UZI pistol.
   99         n.Colefire Magnum.
  100         o.Scarab Skorpion.
  101         p.Spectre Auto pistol.
  102         q.German Sport 522 PK.
  103         r.Chiappa Firearms Mfour-22.
  104         s.DSA SA58 PKP FAL.
  105         t.I.O. Inc. PPS-43C.
  106         u.Kel-Tec PLR-16 pistol.
  107         v.Sig Sauer P556 pistol.
  108         w.Thompson TA5 series pistols.
  109         x.Wilkinson “Linda” pistol.
  110         3.All of the following shotguns, copies, duplicates, or
  111  altered facsimiles with the capability of any such weapon
  112  thereof:
  113         a.Armscor 30 BG.
  114         b.Franchi SPAS-12 and Law-12.
  115         c.Remington TAC-2 or TACB3 FS.
  116         d.SPAS 12 or LAW 12.
  117         e.Striker 12.
  118         f.Streetsweeper.
  119         g.Saiga.
  120         h.USAS-12.
  121         i.Kel-tec KSG.
  122         4.A part or combination of parts that convert a firearm
  123  into an assault weapon or any combination of parts from which an
  124  assault weapon may be assembled if those parts are in the
  125  possession or under the control of the same person;
  126         5.Any semiautomatic firearm not listed in paragraph (a)
  127  that meets the following criteria:
  128         a.A semiautomatic rifle that has an ability to accept a
  129  detachable magazine and has one or more of the following:
  130         (I)A folding or telescoping stock;
  131         (II)A pistol grip that protrudes conspicuously beneath the
  132  action of the weapon or any feature functioning as a protruding
  133  grip that can be held by the non-trigger hand or a thumbhole
  134  stock;
  135         (III)A bayonet mount;
  136         (IV)A flash suppressor or threaded barrel designed to
  137  accommodate a flash suppressor;
  138         (V)A grenade launcher;
  139         (VI)A shroud attached to the barrel, or that partially or
  140  completely encircles the barrel allowing the bearer to hold the
  141  firearm with the non-trigger hand without being burned, but
  142  excluding a slide that encloses the barrel; or
  143         b.A semiautomatic pistol that has an ability to accept a
  144  detachable magazine and has one or more of the following:
  145         (I)The capacity to accept an ammunition magazine that
  146  attaches to the pistol at any location outside of the pistol
  147  grip;
  148         (II)A threaded barrel capable of accepting a barrel
  149  extender, flash suppressor, forward handgrip, or silencer;
  150         (III)A slide that encloses the barrel and that permits the
  151  shooter to hold the firearm with the non-trigger hand without
  152  being burned;
  153         (IV)A manufactured weight of 50 ounces or more when the
  154  pistol is unloaded;
  155         (V)A semiautomatic version of an automatic firearm;
  156         (VI)Any feature capable of functioning as a protruding
  157  grip that can be held by the non-trigger hand;
  158         (VII)A folding, telescoping, or thumbhole stock; or
  159         c.A semiautomatic shotgun that has one or more of the
  160  following:
  161         (I)A folding or telescoping stock;
  162         (II)A pistol grip that protrudes conspicuously beneath the
  163  action of the weapon;
  164         (III)A thumbhole stock;
  165         (IV)A fixed magazine capacity in excess of 5 rounds;
  166         (V)An ability to accept a detachable magazine; or
  167         d.Any semiautomatic pistol or any semiautomatic,
  168  centerfire, or rimfire rifle with a fixed magazine that has the
  169  capacity to accept more than 10 rounds of ammunition; or
  170         e.A part or combination of parts designed or intended to
  171  convert a firearm into an assault weapon or any combination of
  172  parts from which an assault weapon may be assembled if those
  173  parts are in the possession or under the control of the same
  174  person.
  175         (b)“Detachable magazine” means an ammunition feeding
  176  device that can be removed from a firearm without disassembly of
  177  the firearm action.
  178         (c)“Fixed magazine” means an ammunition feeding device
  179  contained in, or permanently attached to, a firearm in such a
  180  manner that the device cannot be removed without disassembly of
  181  the firearm action.
  182         (d)“Large capacity magazine” means any ammunition feeding
  183  device with the capacity to accept more than 7 rounds, or any
  184  conversion kit, part, or combination of parts from which such a
  185  device can be assembled if those parts are in the possession or
  186  under the control of the same person, but does not include any
  187  of the following:
  188         1.A feeding device that has been permanently altered so
  189  that it cannot accommodate more than 7 rounds;
  190         2.A .22 caliber tube ammunition feeding device; or
  191         3.A tubular magazine that is contained in a lever-action
  192  firearm.
  193         (e)“Licensed gun dealer” means a person who has a federal
  194  firearms license.
  195         (2)SALE OR TRANSFER.—
  196         (a) Any person who, within this state, distributes,
  197  transports, or imports into the state, sells, keeps for sale, or
  198  offers or exposes for sale, or who gives any assault weapon or
  199  large capacity ammunition magazine, in violation of this
  200  section, except as provided in paragraph (b), commits a felony
  201  of the third degree, punishable as provided in s. 775.082, s.
  202  775.083, or s. 775.084, with a mandatory minimum term of
  203  imprisonment of 2 years.
  204         (b)Any person who transfers, sells, or gives any assault
  205  weapon or large capacity ammunition magazine to a person under
  206  18 years of age in violation of this section commits a felony of
  207  the second degree, punishable as provided in s. 775.082, s.
  208  775.083, or s. 775.084, with a mandatory minimum term of
  209  imprisonment of 6 years.
  210         (c)Paragraph (a) does not apply to:
  211         1.The sale of assault weapons or large capacity ammunition
  212  magazines to the Department of Law Enforcement, a law
  213  enforcement agency, as defined in s. 934.02, the Department of
  214  Corrections, or the military or naval forces of this state or of
  215  the United States for use in the discharge of their official
  216  duties.
  217         2.A person who is the executor or administrator of an
  218  estate that includes an assault weapon or large capacity
  219  ammunition magazine for which a certificate of possession has
  220  been issued under this section which is disposed of as
  221  authorized by the probate court, if the disposition is otherwise
  222  permitted under this section.
  223         3.The transfer by bequest or intestate succession of an
  224  assault weapon or large capacity ammunition magazine for which a
  225  certificate of possession has been issued under subsection (4).
  226         (3)POSSESSION.—
  227         (a)Except as provided in subsection (5), any person who,
  228  within this state, possesses any assault weapon or large
  229  capacity ammunition magazine, except as provided in this section
  230  or as otherwise authorized by law, commits a felony of the third
  231  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  232  775.084, with a mandatory minimum term of imprisonment of 1
  233  year.
  234         (b)Paragraph (a) does not apply to the possession of
  235  assault weapons or large capacity ammunition magazines by
  236  members or employees of the Department of Law Enforcement, a law
  237  enforcement agency, as defined in s. 934.02, the Department of
  238  Corrections, or the military or naval forces of this state or of
  239  the United States for use in the discharge of their official
  240  duties; nor does this section prohibit the possession or use of
  241  assault weapons or large capacity ammunition magazines by sworn
  242  members of these agencies when on duty and the use is within the
  243  scope of their duties.
  244         (c)Paragraph (a) does not apply to the possession of an
  245  assault weapon or large capacity ammunition magazine by any
  246  person prior to July 1, 2018, if all of the following are
  247  applicable:
  248         1.The person is eligible to apply for a certificate of
  249  possession for the assault weapon or large capacity ammunition
  250  magazine by July 1, 2018;
  251         2.The person lawfully possessed the assault weapon or
  252  large capacity ammunition magazine prior to October 1, 2017; and
  253         3.The person is otherwise in compliance with this section
  254  and the applicable requirements of this chapter for possession
  255  of a firearm.
  256         (d)Paragraph (a) does not apply to a person who is the
  257  executor or administrator of an estate that includes an assault
  258  weapon or large capacity ammunition magazine for which a
  259  certificate of possession has been issued under subsection (4),
  260  if the assault weapon is possessed at a place set forth in
  261  subparagraph (4)(c)1. or as authorized by the probate court.
  262         (4)CERTIFICATE OF POSSESSION.—
  263         (a)Any person who lawfully possesses an assault weapon or
  264  large capacity ammunition magazine prior to October 1, 2017,
  265  shall apply by October 1, 2018, or, if such person is a member
  266  of the military or naval forces of this state or of the United
  267  States and is unable to apply by October 1, 2018, because he or
  268  she is or was on official duty outside of this state, shall
  269  apply within 90 days of returning to the state to the Department
  270  of Law Enforcement, for a certificate of possession with respect
  271  to such assault weapon or large capacity ammunition magazine.
  272  The certificate shall contain a description of the assault
  273  weapon or large capacity ammunition magazine that identifies it
  274  uniquely, including all identification marks; the full name,
  275  address, date of birth, and thumbprint of the owner; and any
  276  other information as the department may deem appropriate. The
  277  department shall adopt regulations no later than January 1,
  278  2018, to establish procedures with respect to the application
  279  for, and issuance of, certificates of possession pursuant to
  280  this section.
  281         (b)An assault weapon or large capacity ammunition magazine
  282  possessed pursuant to this section may not be sold or
  283  transferred on or after January 1, 2018, to any person within
  284  this state other than to a licensed gun dealer, as provided in
  285  subsection (5), or by a bequest or intestate succession. A
  286  person who obtains title to an assault weapon or large capacity
  287  ammunition magazine for which a certificate of possession has
  288  been issued under this section by bequest or intestate
  289  succession shall, within 90 days of obtaining title, apply to
  290  the Department of Law Enforcement for a certificate of
  291  possession as provided in paragraph (a), render the weapon or
  292  large capacity ammunition magazine permanently inoperable, sell
  293  the weapon or large capacity ammunition magazine to a licensed
  294  gun dealer, or remove the weapon or large capacity ammunition
  295  magazine from the state. Any person who moves into the state in
  296  lawful possession of an assault weapon or large capacity
  297  ammunition magazine, shall, within 90 days, either render the
  298  weapon or large capacity ammunition magazine permanently
  299  inoperable, sell the weapon or large capacity ammunition
  300  magazine to a licensed gun dealer or remove the weapon or large
  301  capacity ammunition magazine from this state, except any person
  302  who is a member of the military or naval forces of this state or
  303  of the United States, is in lawful possession of an assault
  304  weapon or large capacity ammunition magazine, and has been
  305  transferred into the state after October 1, 2018.
  306         (c)A person who has been issued a certificate of
  307  possession for an assault weapon or large capacity ammunition
  308  magazine under this section may possess it only under the
  309  following conditions:
  310         1.At that person’s residence, place of business, or other
  311  property owned by that person, or on property owned by another
  312  person with the owner’s express permission;
  313         2.While on the premises of a target range of a public or
  314  private club or organization organized for the purpose of
  315  practicing shooting at targets;
  316         3.While on a target range which holds a regulatory or
  317  business license for the purpose of practicing shooting at that
  318  target range;
  319         4.While on the premises of a licensed shooting club;
  320         5.While attending any exhibition, display, or educational
  321  project which is about firearms and which is sponsored by,
  322  conducted under the auspices of, or approved by a law
  323  enforcement agency or a nationally or state recognized entity
  324  that fosters proficiency in, or promotes education about,
  325  firearms; or
  326         6.While transporting the assault weapon or large capacity
  327  ammunition magazine between any of the places mentioned in this
  328  subsection, or to any licensed gun dealer for servicing or
  329  repair pursuant to paragraph (7)(b), provided the assault weapon
  330  or large capacity ammunition magazine is transported as required
  331  by subsection (7).
  332         (5)CERTIFICATE OF TRANSFER.—If an owner of an assault
  333  weapon or large capacity ammunition magazine sells or transfers
  334  the weapon or magazine to a licensed gun dealer, he or she
  335  shall, at the time of delivery of the weapon, execute a
  336  certificate of transfer and cause the certificate to be mailed
  337  or delivered to the Department of Law Enforcement. The
  338  certificate shall contain:
  339         (a)The date of sale or transfer.
  340         (b)The name and address of the seller or transferor and
  341  the licensed gun dealer and their social security numbers or
  342  driver license numbers.
  343         (c)The licensed gun dealer’s federal firearms license
  344  number.
  345         (d)A description of the weapon, including the caliber of
  346  the weapon and its make, model, and serial number.
  347         (e)Any other information the Department of Law Enforcement
  348  prescribes.
  349  
  350  The licensed gun dealer shall present his or her driver license
  351  or social security card and federal firearms license to the
  352  seller or transferor for inspection at the time of purchase or
  353  transfer. The Department of Law Enforcement shall maintain a
  354  file of all certificates of transfer at its headquarters.
  355         (6)RELINQUISHMENT.—An individual may arrange in advance to
  356  relinquish an assault weapon or large capacity ammunition
  357  magazine to a law enforcement agency, as defined in s. 934.02,
  358  or the Department of Law Enforcement. The assault weapon or
  359  large capacity ammunition magazine shall be transported in
  360  accordance with subsection (7).
  361         (7)TRANSPORTATION.—
  362         (a)A licensed gun dealer who lawfully purchases for resale
  363  out of state an assault weapon or large capacity magazine
  364  pursuant to subsection (2) may transport the assault weapon or
  365  large capacity magazine between dealers or out of the state, but
  366  no person shall carry a loaded assault weapon concealed from
  367  public view or knowingly have in any motor vehicle owned,
  368  operated, or occupied by him a loaded assault weapon, or an
  369  unloaded assault weapon, unless such weapon is kept in the trunk
  370  of such vehicle or in a case or other container which is
  371  inaccessible to the operator of or any passenger in such
  372  vehicle. Any person who violates this subsection commits a
  373  misdemeanor of the second degree, punishable as provided in s.
  374  775.082 or s. 775.083. Any licensed gun dealer may display the
  375  assault weapon or large capacity magazine at any gun show or
  376  sell it to a resident outside the state.
  377         (b) Any licensed gun dealer may transfer possession of any
  378  assault weapon or large capacity ammunition magazine received
  379  pursuant to paragraph (a) to a gunsmith for purposes of
  380  accomplishing service or repair of the same. Transfers are
  381  permissible only to the following persons:
  382         1.A gunsmith who is in the dealer’s employ; or
  383         2.A gunsmith with whom the dealer has contracted for
  384  gunsmithing services, provided the gunsmith receiving the
  385  assault weapon holds a dealer’s license issued pursuant to
  386  chapter 44 of Title 18 the United States Code, 18 U.S.C. ss. 921
  387  et seq., and the regulations issued pursuant thereto.
  388         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  389  NOT PROHIBITED.—This section does not prohibit any person, firm,
  390  or corporation engaged in the business of manufacturing assault
  391  weapons or large capacity ammunition magazines in this state
  392  from manufacturing or transporting assault weapons or large
  393  capacity ammunition magazines in this state for sale within this
  394  state in accordance with subparagraph (2)(c)1. or for sale
  395  outside this state.
  396         (9)EXCEPTION.—This section does not apply to any firearm
  397  modified to render it permanently inoperable.
  398         Section 2. Paragraph (a) of subsection (3) of section
  399  775.087, Florida Statutes, is amended to read:
  400         775.087 Possession or use of weapon; aggravated battery;
  401  felony reclassification; minimum sentence.—
  402         (3)(a)1. Any person who is convicted of a felony or an
  403  attempt to commit a felony, regardless of whether the use of a
  404  firearm is an element of the felony, and the conviction was for:
  405         a. Murder;
  406         b. Sexual battery;
  407         c. Robbery;
  408         d. Burglary;
  409         e. Arson;
  410         f. Aggravated battery;
  411         g. Kidnapping;
  412         h. Escape;
  413         i. Sale, manufacture, delivery, or intent to sell,
  414  manufacture, or deliver any controlled substance;
  415         j. Aircraft piracy;
  416         k. Aggravated child abuse;
  417         l. Aggravated abuse of an elderly person or disabled adult;
  418         m. Unlawful throwing, placing, or discharging of a
  419  destructive device or bomb;
  420         n. Carjacking;
  421         o. Home-invasion robbery;
  422         p. Aggravated stalking; or
  423         q. Trafficking in cannabis, trafficking in cocaine, capital
  424  importation of cocaine, trafficking in illegal drugs, capital
  425  importation of illegal drugs, trafficking in phencyclidine,
  426  capital importation of phencyclidine, trafficking in
  427  methaqualone, capital importation of methaqualone, trafficking
  428  in amphetamine, capital importation of amphetamine, trafficking
  429  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  430  (GHB), trafficking in 1,4-Butanediol, trafficking in
  431  Phenethylamines, or other violation of s. 893.135(1);
  432  
  433  and during the commission of the offense, such person possessed
  434  a semiautomatic firearm and its high-capacity detachable box
  435  magazine, an assault weapon or large capacity magazine as
  436  defined in s. 790.30, or a machine gun as defined in s. 790.001,
  437  shall be sentenced to a minimum term of imprisonment of 15
  438  years.
  439         2. Any person who is convicted of a felony or an attempt to
  440  commit a felony listed in subparagraph (a)1., regardless of
  441  whether the use of a weapon is an element of the felony, and
  442  during the course of the commission of the felony such person
  443  discharged a semiautomatic firearm and its high-capacity box
  444  magazine, an assault weapon or large capacity magazine as
  445  defined in s. 790.30, or a “machine gun” as defined in s.
  446  790.001 shall be sentenced to a minimum term of imprisonment of
  447  20 years.
  448         3. Any person who is convicted of a felony or an attempt to
  449  commit a felony listed in subparagraph (a)1., regardless of
  450  whether the use of a weapon is an element of the felony, and
  451  during the course of the commission of the felony such person
  452  discharged a semiautomatic firearm and its high-capacity box
  453  magazine, an assault weapon or large capacity magazine as
  454  defined in s. 790.30, or a “machine gun” as defined in s.
  455  790.001 and, as the result of the discharge, death or great
  456  bodily harm was inflicted upon any person, the convicted person
  457  shall be sentenced to a minimum term of imprisonment of not less
  458  than 25 years and not more than a term of imprisonment of life
  459  in prison.
  460         Section 3. This act shall take effect October 1, 2017.