Florida Senate - 2019                                     SB 466
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00429A-19                                           2019466__
    1                        A bill to be entitled                      
    2         An act relating to assault weapons and large-capacity
    3         magazines; creating s. 790.301, F.S.; providing
    4         definitions; prohibiting the sale or transfer of an
    5         assault weapon or large-capacity ammunition magazine;
    6         providing exceptions; providing criminal penalties;
    7         prohibiting possession of an assault weapon or large
    8         capacity magazine; providing exceptions; providing
    9         criminal penalties; requiring certificates of
   10         possession for assault weapons or large-capacity
   11         ammunition magazines lawfully possessed before a
   12         specified date; providing requirements for
   13         certificates; specifying the form of certificates;
   14         providing requirements for an applicant who fails to
   15         qualify for such a certificate; limiting transfers of
   16         assault weapons or large-capacity ammunition magazines
   17         represented by such certificates; providing conditions
   18         for continued possession of such weapons or large
   19         capacity ammunition magazines; requiring certificates
   20         of transfer for transfers of assault weapons or large
   21         capacity magazines; providing for relinquishment of
   22         assault weapons or large-capacity magazines; providing
   23         requirements for transportation of assault weapons or
   24         large-capacity magazines; providing criminal
   25         penalties; specifying circumstances in which the
   26         manufacture or transportation of assault weapons or
   27         large-capacity magazines is not prohibited; exempting
   28         permanently inoperable firearms from provisions;
   29         amending s. 775.087, F.S.; providing enhanced criminal
   30         penalties for certain offenses when committed with an
   31         assault weapon or large-capacity magazine; providing
   32         severability; providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 790.301, Florida Statutes, is created to
   37  read:
   38         790.301Assault weapons.—
   39         (1)DEFINITIONS.—As used in this section, the term:
   40         (a)1.“Assault weapon” means any selective-fire firearm
   41  capable of fully automatic, semiautomatic, or burst fire at the
   42  option of the user or any of the following specified
   43  semiautomatic firearms:
   44         a.All AK series, including, but not limited to, the
   45  following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
   46  NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
   47  and Vector Arms AK-47.
   48         b.All AR series, including, but not limited to, the
   49  following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
   50  M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
   51  M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
   52  AR rifles.
   53         c.Algimec AGM1.
   54         d.Barrett 82A1 and REC7.
   55         e.Beretta AR-70 and Beretta Storm.
   56         f.Bushmaster Auto Rifle.
   57         g.Calico Liberty series.
   58         h.Chartered Industries of Singapore SR-88.
   59         i.Colt Sporter.
   60         j.Daewoo K-1, K-2, Max-1, and Max-2.
   61         k.FAMAS MAS 223.
   62         l.Federal XC-900 and SC-450.
   63         m.Fabrique National FN/FAL, FN/LAR, or FNC.
   64         n.FNH PS90, SCAR, and FS2000.
   65         o.Goncz High Tech Carbine.
   66         p.Hi-Point Carbine.
   67         q.HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
   68         r.Kel-Tec Sub-2000, SU series, RFB.
   69         s.M1 Carbine.
   70         t.SAR-8, SAR-4800, SR9.
   71         u.SIG 57 AMT and 500 Series.
   72         v.Sig Sauer MCX Rifle.
   73         w.SKS capable of accepting a detachable magazine.
   74         x.SLG 95.
   75         y.SLR 95 or 96.
   76         z.Spectre Auto Carbine.
   77         aa.Springfield Armory BM59, SAR-48, and G-3.
   78         bb.Sterling MK-6 and MK-7.
   79         cc.Steyr AUG.
   80         dd.Sturm Ruger Mini-14 with folding stock.
   81         ee.TNW M230, M2HB.
   82         ff.Thompson types, including Thompson T5.
   83         gg.UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
   84  Rifle (Galatz), or Vector Arms UZI.
   85         hh.Weaver Arms Nighthawk.
   86         2.All of the following handguns, copies, duplicates, or
   87  altered facsimiles with the capability of any such weapon
   88  thereof:
   89         a.AK-47 pistol, Mini AK-47 pistol.
   90         b.AR-15 pistol.
   91         c.Australian Automatic Arms SAP pistol.
   92         d.Bushmaster Auto Pistol.
   93         e.Calico Liberty series pistols.
   94         f.Encom MK-IV, MP-9, and MP-45.
   95         g.Feather AT-9 and Mini-AT.
   96         h.Goncz High Tech Long pistol.
   97         i.Holmes MP-83.
   98         j.Iver Johnson Enforcer.
   99         k.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
  100  Velocity Arms VMA series.
  101         l.Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
  102         m.UZI pistol, Micro-UZI pistol.
  103         n.Colefire Magnum.
  104         o.Scarab Skorpion.
  105         p.Spectre Auto pistol.
  106         q.German Sport 522 PK.
  107         r.Chiappa Firearms Mfour-22.
  108         s.DSA SA58 PKP FAL.
  109         t.I.O. Inc. PPS-43C.
  110         u.Kel-Tec PLR-16 pistol.
  111         v.Sig Sauer P556 pistol.
  112         w.Thompson TA5 series pistols.
  113         x.Wilkinson “Linda” pistol.
  114         3.All of the following shotguns, copies, duplicates, or
  115  altered facsimiles with the capability of any such weapon
  116  thereof:
  117         a.Armscor 30 BG.
  118         b.Franchi SPAS-12 and Law-12.
  119         c.Remington TAC-2 or TACB3 FS.
  120         d.SPAS 12 or LAW 12.
  121         e.Striker 12.
  122         f.Streetsweeper.
  123         g.Saiga.
  124         h.USAS-12.
  125         i.Kel-tec KSG.
  126         4.A part or combination of parts that convert a firearm
  127  into an assault weapon or any combination of parts from which an
  128  assault weapon may be assembled if those parts are in the
  129  possession or under the control of the same person;
  130         5.Any semiautomatic firearm not listed in subparagraphs
  131  1.-4. that meets the following criteria:
  132         a.A semiautomatic rifle that has an ability to accept a
  133  detachable magazine and has one or more of the following:
  134         (I)A folding or telescoping stock;
  135         (II)A pistol grip, a thumbhole stock or Thordsen-type grip
  136  or stock, or any other characteristic that can function as a
  137  grip;
  138         (III)A bayonet mount;
  139         (IV)A flash suppressor or threaded barrel designed to
  140  accommodate a flash suppressor;
  141         (V)A grenade launcher;
  142         (VI)A shroud attached to the barrel, or that partially or
  143  completely encircles the barrel allowing the bearer to hold the
  144  firearm with the non-trigger hand without being burned, but
  145  excluding a slide that encloses the barrel;
  146         b.A semiautomatic pistol that has an ability to accept a
  147  detachable magazine and has one or more of the following:
  148         (I)The capacity to accept an ammunition magazine that
  149  attaches to the pistol at any location outside of the pistol
  150  grip;
  151         (II)A threaded barrel capable of accepting a barrel
  152  extender, flash suppressor, forward handgrip, or silencer;
  153         (III)A slide that encloses the barrel and that permits the
  154  shooter to hold the firearm with the non-trigger hand without
  155  being burned;
  156         (IV)A manufactured weight of 50 ounces or more when the
  157  pistol is unloaded;
  158         (V)A semiautomatic version of an automatic firearm;
  159         (VI)Any feature capable of functioning as a protruding
  160  grip that can be held by the non-trigger hand; or
  161         (VII)A folding, telescoping, or thumbhole stock;
  162         c.A semiautomatic shotgun that has one or more of the
  163  following:
  164         (I)A folding or telescoping stock;
  165         (II)A pistol grip, a thumbhole stock or Thordsen-type grip
  166  or stock, or any other characteristic that can function as a
  167  grip;
  168         (III)A thumbhole stock;
  169         (IV)A fixed magazine capacity in excess of 5 rounds; or
  170         (V)An ability to accept a detachable magazine;
  171         d.Any semiautomatic pistol or any semiautomatic,
  172  centerfire, or rimfire rifle with a fixed magazine that has the
  173  capacity to accept more than 10 rounds of ammunition; or
  174         e.A part or combination of parts designed or intended to
  175  convert a firearm into an assault weapon or any combination of
  176  parts from which an assault weapon may be assembled if those
  177  parts are in the possession or under the control of the same
  178  person.
  179         (b)“Detachable magazine” means an ammunition feeding
  180  device that can be removed from a firearm without disassembly of
  181  the firearm action.
  182         (c)“Fixed magazine” means an ammunition feeding device
  183  contained in, or permanently attached to, a firearm in such a
  184  manner that the device cannot be removed without disassembly of
  185  the firearm action.
  186         (d)“Large-capacity magazine” means any ammunition feeding
  187  device with the capacity to accept more than 10 rounds, or any
  188  conversion kit, part, or combination of parts from which such a
  189  device can be assembled if those parts are in the possession or
  190  under the control of the same person, but does not include any
  191  of the following:
  192         1.A feeding device that has been permanently altered so
  193  that it cannot accommodate more than 10 rounds;
  194         2.A .22 caliber tube ammunition feeding device; or
  195         3.A tubular magazine that is contained in a lever-action
  196  firearm.
  197         (e)“Licensed gun dealer” means a person who has a federal
  198  firearms license.
  199         (2)SALE OR TRANSFER.—
  200         (a)Any person who, within this state, distributes,
  201  transports, or imports into the state, sells, keeps for sale, or
  202  offers or exposes for sale, or who gives any assault weapon or
  203  large-capacity ammunition magazine, in violation of this
  204  section, except as provided in paragraph (b), commits a felony
  205  of the third degree, punishable as provided in s. 775.082, s.
  206  775.083, or s. 775.084, with a mandatory minimum term of
  207  imprisonment of 2 years.
  208         (b)Any person who transfers, sells, or gives any assault
  209  weapon or large-capacity ammunition magazine to a person under
  210  18 years of age in violation of this section commits a felony of
  211  the second degree, punishable as provided in s. 775.082, s.
  212  775.083, or s. 775.084, with a mandatory minimum term of
  213  imprisonment of 6 years.
  214         (c)Paragraph (a) does not apply to:
  215         1.The sale of assault weapons or large-capacity ammunition
  216  magazines to the Department of Law Enforcement, a law
  217  enforcement agency, as defined in s. 934.02, the Department of
  218  Corrections, or the military or naval forces of this state or of
  219  the United States for use in the discharge of their official
  220  duties.
  221         2.A person who is the executor or administrator of an
  222  estate that includes an assault weapon or large-capacity
  223  ammunition magazine for which a certificate of possession has
  224  been issued under this section which is disposed of as
  225  authorized by the probate court, if the disposition is otherwise
  226  permitted under this section.
  227         3.The transfer by bequest or intestate succession of an
  228  assault weapon or large-capacity ammunition magazine for which a
  229  certificate of possession has been issued under subsection (4).
  230         (3)POSSESSION.—
  231         (a)Except as provided in subsection (5), any person who,
  232  within this state, possesses any assault weapon or large
  233  capacity ammunition magazine, except as provided in this section
  234  or as otherwise authorized by law, commits a felony of the third
  235  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  236  775.084, with a mandatory minimum term of imprisonment of 1
  237  year.
  238         (b)Paragraph (a) does not apply to the possession of
  239  assault weapons or large-capacity ammunition magazines by
  240  members or employees of the Department of Law Enforcement, a law
  241  enforcement agency, as defined in s. 934.02, the Department of
  242  Corrections, or the military or naval forces of this state or of
  243  the United States for use in the discharge of their official
  244  duties; nor does this section prohibit the possession or use of
  245  assault weapons or large-capacity ammunition magazines by sworn
  246  members of these agencies when on duty and the use is within the
  247  scope of their duties.
  248         (c)Paragraph (a) does not apply to the possession of an
  249  assault weapon or large-capacity ammunition magazine by any
  250  person prior to July 1, 2020, if all of the following are
  251  applicable:
  252         1.The person is eligible to apply for a certificate of
  253  possession for the assault weapon or large-capacity ammunition
  254  magazine by July 1, 2020;
  255         2.The person lawfully possessed the assault weapon or
  256  large-capacity ammunition magazine prior to October 1, 2019; and
  257         3.The person is otherwise in compliance with this section
  258  and the applicable requirements of this chapter for possession
  259  of a firearm.
  260         (d)Paragraph (a) does not apply to a person who is the
  261  executor or administrator of an estate that includes an assault
  262  weapon or large-capacity ammunition magazine for which a
  263  certificate of possession has been issued under subsection (4),
  264  if the assault weapon is possessed at a place set forth in
  265  subparagraph (4)(d)1. or as authorized by the probate court.
  266         (4)CERTIFICATE OF POSSESSION.—
  267         (a)Any person who lawfully possesses an assault weapon or
  268  large-capacity ammunition magazine prior to October 1, 2019,
  269  shall apply by October 1, 2020, or, if such person is a member
  270  of the military or naval forces of this state or of the United
  271  States and is unable to apply by October 1, 2020, because he or
  272  she is or was on official duty outside of this state, shall
  273  apply within 90 days of returning to the state to the Department
  274  of Law Enforcement, for a certificate of possession with respect
  275  to such assault weapon or large-capacity ammunition magazine.
  276  The certificate shall contain a description of the assault
  277  weapon or large-capacity ammunition magazine that identifies it
  278  uniquely, including all identification marks; the full name,
  279  address, date of birth, and thumbprint of the owner; and any
  280  other information as the department may deem appropriate. The
  281  department shall adopt regulations no later than January 1,
  282  2020, to establish procedures with respect to the application
  283  for, and issuance of, certificates of possession pursuant to
  284  this section. The thumbprint of the applicant shall be taken by
  285  a law enforcement agency or the Department of Law Enforcement
  286  together with any personal identifying information required by
  287  federal law to process fingerprints. Charges for thumbprint
  288  services under this paragraph are not subject to the sales tax
  289  on fingerprint services imposed in s. 212.05(1)(i). The
  290  Department of Law Enforcement shall conduct a background
  291  investigation pursuant to this subsection.
  292         (b)A certificate of possession issued under this
  293  subsection must be in substantially the following form:
  294         CERTIFICATE OF POSSESSION OF ASSAULT WEAPON
  295         Certificate Number:
  296         Owner’s name: (Last, First, Middle)
  297         Address: (Number, Street, City or Town, State, Zip Code) NO
  298         P.O. Boxes
  299         Date of Birth:
  300         Social Security Number (Optional, but will help prevent
  301         misidentification):
  302         Driver License Number and State:
  303         Manufacturer: Importer: Serial Number: Model: Caliber: Unique
  304         I.D./Markings:
  305         Signature of Owner
  306         Applicant’s Right Thumbprint
  307         (c)An assault weapon or large-capacity ammunition magazine
  308  possessed pursuant to this section may not be sold or
  309  transferred on or after January 1, 2020, to any person within
  310  this state other than to a licensed gun dealer, as provided in
  311  subsection (5), or by a bequest or intestate succession. A
  312  person who obtains title to an assault weapon or large-capacity
  313  ammunition magazine for which a certificate of possession has
  314  been issued under this section by bequest or intestate
  315  succession shall, within 90 days of obtaining title, apply to
  316  the Department of Law Enforcement for a certificate of
  317  possession as provided in paragraph (a), render the weapon or
  318  large-capacity ammunition magazine permanently inoperable, sell
  319  the weapon or large-capacity ammunition magazine to a licensed
  320  gun dealer, or remove the weapon or large-capacity ammunition
  321  magazine from the state. Any person who moves into the state in
  322  lawful possession of an assault weapon or large-capacity
  323  ammunition magazine, shall, within 90 days, either render the
  324  weapon or large-capacity ammunition magazine permanently
  325  inoperable, sell the weapon or large-capacity ammunition
  326  magazine to a licensed gun dealer, or remove the weapon or
  327  large-capacity ammunition magazine from this state, except any
  328  person who is a member of the military or naval forces of this
  329  state or of the United States, is in lawful possession of an
  330  assault weapon or large-capacity ammunition magazine, and has
  331  been transferred into the state after October 1, 2020.
  332         (d)A person who has been issued a certificate of
  333  possession for an assault weapon or large-capacity ammunition
  334  magazine under this section may possess it only under the
  335  following conditions:
  336         1.At that person’s residence, place of business, or other
  337  property owned by that person, or on property owned by another
  338  person with the owner’s express permission;
  339         2.While on the premises of a target range of a public or
  340  private club or organization organized for the purpose of
  341  practicing shooting at targets;
  342         3.While on a target range which holds a regulatory or
  343  business license for the purpose of practicing shooting at that
  344  target range;
  345         4.While on the premises of a licensed shooting club;
  346         5.While attending any exhibition, display, or educational
  347  project which is about firearms and which is sponsored by,
  348  conducted under the auspices of, or approved by a law
  349  enforcement agency or a nationally or state recognized entity
  350  that fosters proficiency in, or promotes education about,
  351  firearms; or
  352         6.While transporting the assault weapon or large-capacity
  353  ammunition magazine between any of the places mentioned in this
  354  subsection, or to any licensed gun dealer for servicing or
  355  repair pursuant to paragraph (7)(b), provided the assault weapon
  356  or large-capacity ammunition magazine is transported as required
  357  by subsection (7).
  358         (e)If an applicant for a certificate of possession under
  359  this subsection fails to qualify for such a certificate after
  360  the investigation required under this subsection, the applicant
  361  shall arrange to relinquish all assault weapons or large
  362  capacity ammunition magazines in his or her possession as
  363  provided in subsection (7) within 10 days of issuance of the
  364  notice of such failure. Such an applicant who fails to make such
  365  an arrangement within the time specified in this paragraph is
  366  thereafter in violation of this section.
  367         (5)CERTIFICATE OF TRANSFER.—If an owner of an assault
  368  weapon or large-capacity ammunition magazine sells or transfers
  369  the weapon or magazine to a licensed gun dealer, he or she
  370  shall, at the time of delivery of the weapon, execute a
  371  certificate of transfer and cause the certificate to be mailed
  372  or delivered to the Department of Law Enforcement. The
  373  certificate shall contain:
  374         (a)The date of sale or transfer.
  375         (b)The name and address of the seller or transferor and
  376  the licensed gun dealer and their social security numbers or
  377  driver license numbers.
  378         (c)The licensed gun dealer’s federal firearms license
  379  number.
  380         (d)A description of the weapon, including the caliber of
  381  the weapon and its make, model, and serial number.
  382         (e)Any other information the Department of Law Enforcement
  383  prescribes.
  384  
  385  The licensed gun dealer shall present his or her driver license
  386  or social security card and federal firearms license to the
  387  seller or transferor for inspection at the time of purchase or
  388  transfer. The Department of Law Enforcement shall maintain a
  389  file of all certificates of transfer at its headquarters.
  390         (6)RELINQUISHMENT.—An individual may arrange in advance to
  391  relinquish an assault weapon or large-capacity ammunition
  392  magazine to a law enforcement agency, as defined in s. 934.02,
  393  or the Department of Law Enforcement. The assault weapon or
  394  large-capacity ammunition magazine shall be transported in
  395  accordance with subsection (7).
  396         (7)TRANSPORTATION.—
  397         (a)A licensed gun dealer who lawfully purchases for resale
  398  out of state an assault weapon or large-capacity magazine
  399  pursuant to subsection (2) may transport the assault weapon or
  400  large-capacity magazine between dealers or out of the state, but
  401  no person shall carry a loaded assault weapon concealed from
  402  public view or knowingly have in any motor vehicle owned,
  403  operated, or occupied by him a loaded assault weapon, or an
  404  unloaded assault weapon, unless such weapon is kept in the trunk
  405  of such vehicle or in a case or other container which is
  406  inaccessible to the operator of or any passenger in such
  407  vehicle. Any person who violates this subsection commits a
  408  misdemeanor of the second degree, punishable as provided in s.
  409  775.082 or s. 775.083. Any licensed gun dealer may display the
  410  assault weapon or large-capacity magazine at any gun show or
  411  sell it to a resident outside the state.
  412         (b)Any licensed gun dealer may transfer possession of any
  413  assault weapon or large-capacity ammunition magazine received
  414  pursuant to paragraph (a) to a gunsmith for purposes of
  415  accomplishing service or repair of the same. Transfers are
  416  permissible only to the following persons:
  417         1.A gunsmith who is in the dealer’s employ; or
  418         2.A gunsmith with whom the dealer has contracted for
  419  gunsmithing services, provided the gunsmith receiving the
  420  assault weapon holds a dealer’s license issued pursuant to
  421  chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss.
  422  921 et seq., and the regulations issued pursuant thereto.
  423         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  424  NOT PROHIBITED.—This section does not prohibit any person, firm,
  425  or corporation engaged in the business of manufacturing assault
  426  weapons or large-capacity ammunition magazines in this state
  427  from manufacturing or transporting assault weapons or large
  428  capacity ammunition magazines in this state for sale within this
  429  state in accordance with subparagraph (2)(c)1. or for sale
  430  outside this state.
  431         (9)EXCEPTION.—This section does not apply to any firearm
  432  modified to render it permanently inoperable.
  433         Section 2. Paragraph (a) of subsection (3) of section
  434  775.087, Florida Statutes, is amended to read:
  435         775.087 Possession or use of weapon; aggravated battery;
  436  felony reclassification; minimum sentence.—
  437         (3)(a)1. Any person who is convicted of a felony or an
  438  attempt to commit a felony, regardless of whether the use of a
  439  firearm is an element of the felony, and the conviction was for:
  440         a. Murder;
  441         b. Sexual battery;
  442         c. Robbery;
  443         d. Burglary;
  444         e. Arson;
  445         f. Aggravated battery;
  446         g. Kidnapping;
  447         h. Escape;
  448         i. Sale, manufacture, delivery, or intent to sell,
  449  manufacture, or deliver any controlled substance;
  450         j. Aircraft piracy;
  451         k. Aggravated child abuse;
  452         l. Aggravated abuse of an elderly person or disabled adult;
  453         m. Unlawful throwing, placing, or discharging of a
  454  destructive device or bomb;
  455         n. Carjacking;
  456         o. Home-invasion robbery;
  457         p. Aggravated stalking; or
  458         q. Trafficking in cannabis, trafficking in cocaine, capital
  459  importation of cocaine, trafficking in illegal drugs, capital
  460  importation of illegal drugs, trafficking in phencyclidine,
  461  capital importation of phencyclidine, trafficking in
  462  methaqualone, capital importation of methaqualone, trafficking
  463  in amphetamine, capital importation of amphetamine, trafficking
  464  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  465  (GHB), trafficking in 1,4-Butanediol, trafficking in
  466  Phenethylamines, or other violation of s. 893.135(1);
  467  
  468  and during the commission of the offense, such person possessed
  469  a semiautomatic firearm and its high-capacity detachable box
  470  magazine, an assault weapon or large-capacity magazine as
  471  defined in s. 790.301, or a machine gun as defined in s.
  472  790.001, shall be sentenced to a minimum term of imprisonment of
  473  15 years.
  474         2. Any person who is convicted of a felony or an attempt to
  475  commit a felony listed in subparagraph (a)1., regardless of
  476  whether the use of a weapon is an element of the felony, and
  477  during the course of the commission of the felony such person
  478  discharged a semiautomatic firearm and its high-capacity box
  479  magazine, an assault weapon or large-capacity magazine as
  480  defined in s. 790.301, or a “machine gun” as defined in s.
  481  790.001 shall be sentenced to a minimum term of imprisonment of
  482  20 years.
  483         3. Any person who is convicted of a felony or an attempt to
  484  commit a felony listed in subparagraph (a)1., regardless of
  485  whether the use of a weapon is an element of the felony, and
  486  during the course of the commission of the felony such person
  487  discharged a semiautomatic firearm and its high-capacity box
  488  magazine, an assault weapon or large-capacity magazine as
  489  defined in s. 790.301, or a “machine gun” as defined in s.
  490  790.001 and, as the result of the discharge, death or great
  491  bodily harm was inflicted upon any person, the convicted person
  492  shall be sentenced to a minimum term of imprisonment of not less
  493  than 25 years and not more than a term of imprisonment of life
  494  in prison.
  495         Section 3. If any provision of this act or its application
  496  to any person or circumstance is held invalid, the invalidity
  497  does not affect other provisions or applications of the act,
  498  which can be given effect without the invalid provision or
  499  application, and to this end the provisions of this act are
  500  severable.
  501         Section 4. This act shall take effect October 1, 2019.