HB 267

1	A bill to be entitled
2	An act relating to culpable negligence; providing a short
3	title; amending s. 784.05, F.S.; providing that a person
4	commits a felony of the third degree if he or she stores
5	or leaves an assault weapon within the reach or easy
6	access of another person if that person obtains the weapon
7	and uses it to inflict injury or death; providing criminal
8	penalties; providing exceptions; defining the term
9	"assault weapon"; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  This act may be cited as the "Officer Jose
14	Somohano Assault Weapons Act."
15	Section 2.  Section 784.05, Florida Statutes, is amended to
16	read:
17	784.05  Culpable negligence.--
18	(1)  Whoever, through culpable negligence, exposes another
19	person to personal injury commits a misdemeanor of the second
20	degree, punishable as provided in s. 775.082 or s. 775.083.
21	(2)  Whoever, through culpable negligence, inflicts actual
22	personal injury on another commits a misdemeanor of the first
23	degree, punishable as provided in s. 775.082 or s. 775.083.
24	(3)  Whoever violates subsection (1) by storing or leaving
25	a loaded firearm within the reach or easy access of a minor
26	commits, if the minor obtains the firearm and uses it to inflict
27	injury or death upon himself or herself or any other person, a
28	felony of the third degree, punishable as provided in s.
29	775.082, s. 775.083, or s. 775.084. However, this subsection
30	does not apply:
31	(a)  If the firearm was stored or left in a securely locked
32	box or container or in a location which a reasonable person
33	would have believed to be secure, or was securely locked with a
34	trigger lock;
35	(b)  If the minor obtains the firearm as a result of an
36	unlawful entry by any person;
37	(c)  To injuries resulting from target or sport shooting
38	accidents or hunting accidents; or
39	(d)  To members of the Armed Forces, National Guard, or
40	State Militia, or to police or other law enforcement officers,
41	with respect to firearm possession by a minor which occurs
42	during or incidental to the performance of their official
43	duties.
44
45	When any minor child is accidentally shot by another family
46	member, an no arrest may not shall be made pursuant to this
47	subsection prior to 7 days after the date of the shooting. With
48	respect to any parent or guardian of any deceased minor, the
49	investigating officers shall file all findings and evidence with
50	the state attorney's office with respect to violations of this
51	subsection. The state attorney shall evaluate the such evidence
52	and shall take such action as he or she deems appropriate under
53	the circumstances and may file an information against the
54	appropriate parties.
55	(4)  As used in this section act, the term "minor" means
56	any person under the age of 16.
57	(5)(a)  Whoever violates subsection (1) by storing or
58	leaving an assault weapon within the reach or easy access of
59	another person commits a felony of the third degree, punishable
60	as provided in s. 775.082, s. 775.083, or s. 775.084, if the
61	person obtains the assault weapon and uses it to inflict injury
62	or death upon himself or herself or any other person. However,
63	this subsection does not apply:
64	1.  If the assault weapon was stored or left in a securely
65	locked box or container or in a location that a reasonable
66	person would have believed to be secure, or was securely locked
67	with a trigger lock;
68	2.  If the assault weapon was stolen and the owner reported
69	the theft of the assault weapon to law enforcement authorities
70	within 24 hours after the owner's knowledge of the theft;
71	3.  To injuries resulting from target or sport shooting
72	accidents or hunting accidents; or
73	4.  To members of the Armed Forces, National Guard, or
74	State Militia, or to police or other law enforcement officers,
75	with respect to the possession of an assault firearm which
76	occurs during or incidental to the performance of their official
77	duties.
78	(b)1.  For purposes of this subsection, the term "assault
79	weapon" means:
80	a.  A semiautomatic rifle that has an ability to accept a
81	detachable magazine and has at least two of the following
82	characteristics:
83	(I)  A folding or telescoping stock;
84	(II)  A pistol grip that protrudes conspicuously beneath
85	the action of the weapon;
86	(III)  A bayonet mount;
87	(IV)  A flash suppressor or threaded barrel designed to
88	accommodate a flash suppressor; or
89	(V)  A grenade launcher;
90	b.  A semiautomatic shotgun that has at least two of the
91	following characteristics:
92	(I)  A folding or telescoping stock;
93	(II)  A pistol grip that protrudes conspicuously beneath
94	the action of the weapon;
95	(III)  A fixed magazine capacity in excess of five rounds;
96	or
97	(IV)  An ability to accept a detachable magazine;
98	c.  A semiautomatic pistol that has an ability to accept a
99	detachable magazine and has at least two of the following
100	characteristics:
101	(I)  An ammunition magazine that attaches to the pistol
102	outside of the pistol grip;
103	(II)  A threaded barrel capable of accepting a barrel
104	extender, flash suppressor, forward handgrip, or silencer;
105	(III)  A shroud that is attached to, or partially or
106	completely encircles, the barrel and that permits the shooter to
107	hold the firearm with the nontrigger hand without being burned;
108	(IV)  A manufactured weight of 50 ounces or more when the
109	pistol is unloaded; or
110	(V)  A semiautomatic version of an automatic rifle,
111	shotgun, or firearm; or
112	d.  Any of the weapons, or functioning frames or receivers
113	of such weapons, or copies or duplicates of such weapons, in any
114	caliber, known as:
115	(I)  Norinco, Mitchell, and Poly Technologies Avtomat
116	Kalashnikovs, all models;
117	(II)  Action Arms Israeli Military Industries UZI and
118	Galil;
119	(III)  Beretta Ar70 (SC-70);
120	(IV)  Colt AR-15;
121	(V)  Fabrique National FN/FAL, FN/LAR, and FNC;
122	(VI)  SWD M-10, M-11, M-11/9, and M-12;
123	(VII)  Steyr AUG;
124	(VIII)  INTRATEC TEC-9, TEC-DC9, and TEC-22; or
125	(IX)  Revolving cylinder shotguns, such as, or similar to,
126	the Street Sweeper and Striker 12.
127	2.  The term does not include any rifle, shotgun, or pistol
128	that:
129	a.  Is manually operated by bolt, pump, lever, or slide
130	action;
131	b.  Has been rendered permanently inoperable;
132	c.  Is an antique firearm as defined in 18 U.S.C. s.
133	921(a)(16);
134	d.  Is a semiautomatic rifle that cannot accept a
135	detachable magazine that holds more than five rounds of
136	ammunition;
137	e.  Is a semiautomatic shotgun that cannot hold more than
138	five rounds of ammunition in a fixed or detachable magazine;
139	f.  Is a rifle, shotgun, or pistol, or a replica or a
140	duplicate thereof, specified in Appendix A to 18 U.S.C. s. 922
141	as such weapon was manufactured on October 1, 1993. The mere
142	fact that a weapon is not listed in Appendix A does not mean
143	that such weapon is an assault weapon; or
144	g.  Is a semiautomatic rifle, a semiautomatic shotgun, or a
145	semiautomatic pistol or any of the weapons defined in sub-
146	subparagraph 1.d. lawfully possessed prior to September 14,
147	1994.
148	Section 3.  This act shall take effect July 1, 2010.

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