Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for SB 7026 Ì919946WÎ919946 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 03/03/2018 01:21 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Stewart moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 259 and 260 4 insert: 5 Section 3. Intergovernmental analysis of firearms sales.— 6 (1) DEFINITIONS.—As used in this act, the term: 7 (a) “Assault weapon” means: 8 1. A selective-fire firearm capable of fully automatic, 9 semiautomatic, or burst fire at the option of the user. 10 2. A part or combination of parts that converts a firearm 11 into an assault weapon, or any combination of parts from which 12 an assault weapon may be assembled if those parts are in the 13 possession or under the control of the same person. 14 3. A semiautomatic firearm not listed in this paragraph 15 which meets the criteria of one of the following sub 16 subparagraphs: 17 a. A semiautomatic rifle that has an ability to accept a 18 detachable magazine and that has one or more of the following: 19 (I) A folding or telescoping stock. 20 (II) A pistol grip that protrudes conspicuously beneath the 21 action of the weapon or any feature functioning as a protruding 22 grip that can be held by the nontrigger hand or a thumbhole 23 stock. 24 (III) A bayonet mount. 25 (IV) A flash suppressor or threaded barrel designed to 26 accommodate a flash suppressor. 27 (V) A grenade launcher. 28 (VI) A shroud that is attached to the barrel, or that 29 partially or completely encircles the barrel and allows the 30 bearer to hold the firearm with the nontrigger hand without 31 being burned, but excluding a slide that encloses the barrel. 32 b. A semiautomatic pistol that has an ability to accept a 33 detachable magazine and that has one or more of the following: 34 (I) The capacity to accept an ammunition magazine that 35 attaches to the pistol at any location outside the pistol grip. 36 (II) A threaded barrel capable of accepting a barrel 37 extender, flash suppressor, forward handgrip, or silencer. 38 (III) A slide that encloses the barrel and that allows the 39 shooter to hold the firearm with the nontrigger hand without 40 being burned. 41 (IV) A manufactured weight of 50 ounces or more when the 42 pistol is unloaded. 43 (V) A semiautomatic version of an automatic firearm. 44 (VI) Any feature capable of functioning as a protruding 45 grip that can be held by the nontrigger hand. 46 (VII) A folding, telescoping, or thumbhole stock. 47 c. A semiautomatic shotgun that has one or more of the 48 following: 49 (I) A folding or telescoping stock. 50 (II) A pistol grip that protrudes conspicuously beneath the 51 action of the weapon. 52 (III) A thumbhole stock. 53 (IV) A fixed-magazine capacity in excess of 5 rounds. 54 (V) An ability to accept a detachable magazine. 55 d. A semiautomatic pistol or a semiautomatic, centerfire, 56 or rimfire rifle with a fixed magazine that has the capacity to 57 accept more than 10 rounds of ammunition. 58 e. A part or combination of parts designed or intended to 59 convert a firearm into an assault weapon, or any combination of 60 parts from which an assault weapon may be assembled if those 61 parts are in the possession or under the control of the same 62 person. 63 (b) “Detachable magazine” means an ammunition feeding 64 device that can be removed from a firearm without disassembly of 65 the firearm action. 66 (c) “Fixed magazine” means an ammunition feeding device 67 contained in, or permanently attached to, a firearm in such a 68 manner that the device cannot be removed without disassembly of 69 the firearm action. 70 (d) “Large-capacity magazine” means any ammunition feeding 71 device with the capacity to accept more than 7 rounds, or any 72 conversion kit, part, or combination of parts from which such a 73 device can be assembled if those parts are in the possession or 74 under the control of the same person, but does not include any 75 of the following: 76 1. A feeding device that has been permanently altered so 77 that it cannot accommodate more than 7 rounds; 78 2. A .22 caliber tube ammunition feeding device; or 79 3. A tubular magazine that is contained in a lever-action 80 firearm. 81 (2) The Legislature finds that firearms sales and its nexus 82 with mental health constitutes a public crisis that necessitates 83 prudent, well-considered regulation. As such, the Department of 84 Law Enforcement shall, with the aid of appropriate state and 85 federal agencies, undertake an analysis of the need for new or 86 different regulation of the sale of firearms in this state. This 87 analysis must include input from local, state, and federal law 88 enforcement agencies; the Office of Safe Schools; and the 89 public. The analysis must evaluate the efficacy and necessity of 90 additional state and local laws, ordinances, or regulations 91 relating to the sale of firearms. To ensure consistent and 92 effective implementation, the Department of Law Enforcement 93 shall submit a report with conclusions and recommendations to 94 the Governor and the Legislature no later than January 1, 2019. 95 Until such time as the Legislature has the opportunity to review 96 and adopt such recommendations from the department, an assault 97 weapon, a detachable magazine, a fixed magazine, or a large 98 capacity magazine, as those terms are defined in this act, may 99 not be sold, distributed, transferred or conveyed, kept for 100 sale, offered, or exposed for sale. 101 102 ================= T I T L E A M E N D M E N T ================ 103 And the title is amended as follows: 104 Delete line 3 105 and insert: 106 title; providing legislative findings; defining terms; 107 providing legislative intent; requiring the Department 108 of Law Enforcement, with the aid of appropriate state 109 and federal agencies, to analyze the need for changes 110 in the regulation of firearms sales in this state; 111 requiring the analysis to include input from specified 112 persons; requiring the analysis to make certain 113 evaluations; requiring the department to submit a 114 report by a certain date to the Governor and the 115 Legislature; prohibiting the sale, distribution, 116 transfer or conveyance, or offering for sale of an 117 assault weapon or certain types of magazines until the 118 Legislature has the opportunity to review and adopt 119 such recommendations from the department; creating s.