Florida Senate - 2016                                     SB 370
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-00402-16                                            2016370__
    1                        A bill to be entitled                      
    2         An act relating to the sale or transfer of firearms at
    3         gun shows; amending s. 790.001, F.S.; defining the
    4         terms “gun show” and “gun show vendor”; creating s.
    5         790.0653, F.S.; prohibiting a person from selling,
    6         offering for sale, transferring, exchanging, or
    7         delivering a firearm at a gun show unless a gun show
    8         vendor is a party to the transaction; providing
    9         criminal penalties; amending ss. 790.06, 790.115,
   10         790.145, 790.1612, 810.095, and 921.0024, F.S.;
   11         conforming cross-references; making technical changes;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 790.001, Florida Statutes, is reordered
   17  and amended to read:
   18         790.001 Definitions.—As used in this chapter, except where
   19  the context otherwise requires:
   20         (2)(1) “Antique firearm” means any firearm manufactured in
   21  or before 1918, (including any matchlock, flintlock, percussion
   22  cap, or similar early type of ignition system,) or replica
   23  thereof, whether actually manufactured before or after the year
   24  1918, and also any firearm using fixed ammunition manufactured
   25  in or before 1918, for which ammunition is no longer
   26  manufactured in the United States and is not readily available
   27  in the ordinary channels of commercial trade.
   28         (3)(2) “Concealed firearm” means any firearm, as defined in
   29  subsection (9) (6), which is carried on or about a person in
   30  such a manner as to conceal the firearm from the ordinary sight
   31  of another person.
   32         (4)(3)(a) “Concealed weapon” means any dirk, metallic
   33  knuckles, slungshot, billie, tear gas gun, chemical weapon or
   34  device, or other deadly weapon carried on or about a person in
   35  such a manner as to conceal the weapon from the ordinary sight
   36  of another person.
   37         (b) “Tear gas gun” or “chemical weapon or device” means any
   38  weapon of such nature, except a device known as a “self-defense
   39  chemical spray.” The term “self-defense chemical spray” means a
   40  device carried solely for purposes of lawful self-defense that
   41  is compact in size, designed to be carried on or about the
   42  person, and contains not more than two ounces of chemical.
   43         (6)(4) “Destructive device” means any bomb, grenade, mine,
   44  rocket, missile, pipebomb, or similar device containing an
   45  explosive, incendiary, or poison gas and includes any frangible
   46  container filled with an explosive, incendiary, explosive gas,
   47  or expanding gas, which is designed or so constructed as to
   48  explode by such filler and is capable of causing bodily harm or
   49  property damage; any combination of parts either designed or
   50  intended for use in converting any device into a destructive
   51  device and from which a destructive device may be readily
   52  assembled; any device declared a destructive device by the
   53  Bureau of Alcohol, Tobacco, and Firearms; any type of weapon
   54  which will, is designed to, or may readily be converted to expel
   55  a projectile by the action of any explosive and which has a
   56  barrel with a bore of one-half inch or more in diameter; and
   57  ammunition for such destructive devices, but not including
   58  shotgun shells or any other ammunition designed for use in a
   59  firearm other than a destructive device. The term “Destructive
   60  device” does not include:
   61         (a) A device that which is not designed, redesigned, used,
   62  or intended for use as a weapon;
   63         (b) Any device, although originally designed as a weapon,
   64  which is redesigned so that it may be used solely as a
   65  signaling, line-throwing, safety, or similar device;
   66         (c) Any shotgun other than a short-barreled shotgun; or
   67         (d) Any nonautomatic rifle (other than a short-barreled
   68  rifle) generally recognized or particularly suitable for use for
   69  the hunting of big game.
   70         (8)(5) “Explosive” means any chemical compound or mixture
   71  that has the property of yielding readily to combustion or
   72  oxidation upon application of heat, flame, or shock, including
   73  but not limited to dynamite, nitroglycerin, trinitrotoluene, or
   74  ammonium nitrate when combined with other ingredients to form an
   75  explosive mixture, blasting caps, and detonators; but not
   76  including:
   77         (a) Shotgun shells, cartridges, or ammunition for firearms;
   78         (b) Fireworks as defined in s. 791.01;
   79         (c) Smokeless propellant powder or small arms ammunition
   80  primers, if possessed, purchased, sold, transported, or used in
   81  compliance with s. 552.241;
   82         (d) Black powder in quantities not to exceed that
   83  authorized by chapter 552, or by any rules adopted thereunder by
   84  the Department of Financial Services, when used for, or intended
   85  to be used for, the manufacture of target and sporting
   86  ammunition or for use in muzzle-loading flint or percussion
   87  weapons.
   88  
   89  The exclusions contained in paragraphs (a)-(d) do not apply to
   90  the term “explosive” as used in the definition of “firearm” in
   91  subsection (9) (6).
   92         (9)(6) “Firearm” means any weapon, (including a starter
   93  gun,) which will, is designed to, or may readily be converted to
   94  expel a projectile by the action of an explosive; the frame or
   95  receiver of any such weapon; any firearm muffler or firearm
   96  silencer; any destructive device; or any machine gun. The term
   97  “firearm” does not include an antique firearm unless the antique
   98  firearm is used in the commission of a crime.
   99         (10) “Gun show” means an event or function that is
  100  sponsored to facilitate, in whole or in part, the purchase,
  101  sale, offer for sale, or collection of firearms at which at
  102  least three gun show vendors exhibit, sell, offer for sale,
  103  transfer, exchange, or deliver firearms. The term includes the
  104  entire premises provided for the gun show, including, but not
  105  limited to, parking areas.
  106         (11) “Gun show vendor” means a licensed firearm dealer,
  107  licensed firearm manufacturer, or licensed firearm importer who
  108  exhibits, sells, offers for sale, transfers, exchanges, or
  109  delivers any firearm at a gun show, regardless of whether the
  110  dealer, manufacturer, or importer arranges with a gun show
  111  promoter to have a fixed location from which to exhibit, sell,
  112  offer for sale, transfer, exchange, or deliver any firearm.
  113         (12)(7) “Indictment” means an indictment or an information
  114  in any court under which a crime punishable by imprisonment for
  115  a term exceeding 1 year may be prosecuted.
  116         (13)(8) “Law enforcement officer” means:
  117         (a) All officers or employees of the United States or the
  118  State of Florida, or any agency, commission, department, board,
  119  division, municipality, or subdivision thereof, who have
  120  authority to make arrests;
  121         (b) Officers or employees of the United States or the State
  122  of Florida, or any agency, commission, department, board,
  123  division, municipality, or subdivision thereof, duly authorized
  124  to carry a concealed weapon;
  125         (c) Members of the Armed Forces of the United States, the
  126  organized reserves, state militia, or Florida National Guard,
  127  when on duty, when preparing themselves for, or going to or
  128  from, military duty, or under orders;
  129         (d) An employee of the state prisons or correctional
  130  systems who has been so designated by the Department of
  131  Corrections or by a warden of an institution;
  132         (e) All peace officers;
  133         (f) All state attorneys and United States attorneys and
  134  their respective assistants and investigators.
  135         (14)(9) “Machine gun” means any firearm, as defined herein,
  136  which shoots, or is designed to shoot, automatically more than
  137  one shot, without manually reloading, by a single function of
  138  the trigger.
  139         (18)(10) “Short-barreled shotgun” means a shotgun having
  140  one or more barrels less than 18 inches in length and any weapon
  141  made from a shotgun (whether by alteration, modification, or
  142  otherwise) if such weapon as modified has an overall length of
  143  less than 26 inches.
  144         (17)(11) “Short-barreled rifle” means a rifle having one or
  145  more barrels less than 16 inches in length and any weapon made
  146  from a rifle (whether by alteration, modification, or otherwise)
  147  if such weapon as modified has an overall length of less than 26
  148  inches.
  149         (19)(12) “Slungshot” means a small mass of metal, stone,
  150  sand, or similar material fixed on a flexible handle, strap, or
  151  the like, used as a weapon.
  152         (21)(13) “Weapon” means any dirk, knife, metallic knuckles,
  153  slungshot, billie, tear gas gun, chemical weapon or device, or
  154  other deadly weapon except a firearm or a common pocketknife,
  155  plastic knife, or blunt-bladed table knife.
  156         (7)(14) “Electric weapon or device” means any device that
  157  which, through the application or use of electrical current, is
  158  designed, redesigned, used, or intended to be used for offensive
  159  or defensive purposes, the destruction of life, or the
  160  infliction of injury.
  161         (5)(15) “Dart-firing stun gun” means any device having one
  162  or more darts that are capable of delivering an electrical
  163  current.
  164         (15)(16) “Readily accessible for immediate use” means that
  165  a firearm or other weapon is carried on the person or within
  166  such close proximity and in such a manner that it can be
  167  retrieved and used as easily and quickly as if carried on the
  168  person.
  169         (16)(17) “Securely encased” means in a glove compartment,
  170  whether or not locked; snapped in a holster; in a gun case,
  171  whether or not locked; in a zippered gun case; or in a closed
  172  box or container which requires a lid or cover to be opened for
  173  access.
  174         (20)(18) “Sterile area” means the area of an airport to
  175  which access is controlled by the inspection of persons and
  176  property in accordance with federally approved airport security
  177  programs.
  178         (1)(19) “Ammunition” means an object consisting of all of
  179  the following:
  180         (a) A fixed metallic or nonmetallic hull or casing
  181  containing a primer.
  182         (b) One or more projectiles, one or more bullets, or shot.
  183         (c) Gunpowder.
  184  
  185  All of the specified components must be present for an object to
  186  be ammunition.
  187         Section 2. Section 790.0653, Florida Statutes, is created
  188  to read:
  189         790.0653 Gun shows.—
  190         (1) A person may not sell, offer for sale, transfer,
  191  exchange, or deliver a firearm at a gun show unless a gun show
  192  vendor is a party to the transaction.
  193         (2) A person who violates this section commits a felony of
  194  the third degree, punishable as provided in s. 775.082, s.
  195  775.083, or s. 775.084.
  196         Section 3. Subsection (1) of section 790.06, Florida
  197  Statutes, is amended to read:
  198         790.06 License to carry concealed weapon or firearm.—
  199         (1) The Department of Agriculture and Consumer Services is
  200  authorized to issue licenses to carry concealed weapons or
  201  concealed firearms to persons qualified as provided in this
  202  section. Each such license must bear a color photograph of the
  203  licensee. For the purposes of this section, concealed weapons or
  204  concealed firearms are defined as a handgun, electronic weapon
  205  or device, tear gas gun, knife, or billie, but the term does not
  206  include a machine gun as defined in s. 790.001 s. 790.001(9).
  207  Such licenses shall be valid throughout the state for a period
  208  of 7 years from the date of issuance. Any person in compliance
  209  with the terms of such license may carry a concealed weapon or
  210  concealed firearm notwithstanding the provisions of s. 790.01.
  211  The licensee must carry the license, together with valid
  212  identification, at all times in which the licensee is in actual
  213  possession of a concealed weapon or firearm and must display
  214  both the license and proper identification upon demand by a law
  215  enforcement officer. Violations of the provisions of this
  216  subsection shall constitute a noncriminal violation with a
  217  penalty of $25, payable to the clerk of the court.
  218         Section 4. Subsection (1) and paragraphs (a) and (b) of
  219  subsection (2) of section 790.115, Florida Statutes, are amended
  220  to read:
  221         790.115 Possessing or discharging weapons or firearms at a
  222  school-sponsored event or on school property prohibited;
  223  penalties; exceptions.—
  224         (1) A person who exhibits any sword, sword cane, firearm,
  225  electric weapon or device, destructive device, or other weapon
  226  as defined in s. 790.001 s. 790.001(13), including a razor
  227  blade, box cutter, or common pocketknife, except as authorized
  228  in support of school-sanctioned activities, in the presence of
  229  one or more persons in a rude, careless, angry, or threatening
  230  manner and not in lawful self-defense, at a school-sponsored
  231  event or on the grounds or facilities of any school, school bus,
  232  or school bus stop, or within 1,000 feet of the real property
  233  that comprises a public or private elementary school, middle
  234  school, or secondary school, during school hours or during the
  235  time of a sanctioned school activity, commits a felony of the
  236  third degree, punishable as provided in s. 775.082, s. 775.083,
  237  or s. 775.084. This subsection does not apply to the exhibition
  238  of a firearm or weapon on private real property within 1,000
  239  feet of a school by the owner of such property or by a person
  240  whose presence on such property has been authorized, licensed,
  241  or invited by the owner.
  242         (2)(a) A person shall not possess any firearm, electric
  243  weapon or device, destructive device, or other weapon as defined
  244  in s. 790.001 s. 790.001(13), including a razor blade or box
  245  cutter, except as authorized in support of school-sanctioned
  246  activities, at a school-sponsored event or on the property of
  247  any school, school bus, or school bus stop; however, a person
  248  may carry a firearm:
  249         1. In a case to a firearms program, class or function which
  250  has been approved in advance by the principal or chief
  251  administrative officer of the school as a program or class to
  252  which firearms could be carried;
  253         2. In a case to a career center having a firearms training
  254  range; or
  255         3. In a vehicle pursuant to s. 790.25(5); except that
  256  school districts may adopt written and published policies that
  257  waive the exception in this subparagraph for purposes of student
  258  and campus parking privileges.
  259  
  260  For the purposes of this section, the term “school” means any
  261  preschool, elementary school, middle school, junior high school,
  262  secondary school, career center, or postsecondary school,
  263  whether public or nonpublic.
  264         (b) A person who willfully and knowingly possesses any
  265  electric weapon or device, destructive device, or other weapon
  266  as defined in s. 790.001 s. 790.001(13), including a razor blade
  267  or box cutter, except as authorized in support of school
  268  sanctioned activities, in violation of this subsection commits a
  269  felony of the third degree, punishable as provided in s.
  270  775.082, s. 775.083, or s. 775.084.
  271         Section 5. Subsection (1) of section 790.145, Florida
  272  Statutes, is amended to read:
  273         790.145 Crimes in pharmacies; possession of weapons;
  274  penalties.—
  275         (1) Unless otherwise provided by law, any person who is in
  276  possession of a concealed firearm, as defined in s. 790.001 s.
  277  790.001(6), or a destructive device, as defined in s. 790.001
  278  s. 790.001(4), within the premises of a pharmacy, as defined
  279  in chapter 465, commits is guilty of a felony of the third
  280  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  281  775.084.
  282         Section 6. Section 790.1612, Florida Statutes, is amended
  283  to read:
  284         790.1612 Authorization for governmental manufacture,
  285  possession, and use of destructive devices.—The governing body
  286  of any municipality or county and the Division of State Fire
  287  Marshal of the Department of Financial Services have the power
  288  to authorize the manufacture, possession, and use of destructive
  289  devices as defined in s. 790.001 s. 790.001(4).
  290         Section 7. Subsection (1) of section 810.095, Florida
  291  Statutes, is amended to read:
  292         810.095 Trespass on school property with firearm or other
  293  weapon prohibited.—
  294         (1) It is a felony of the third degree, punishable as
  295  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
  296  who is trespassing upon school property to bring onto, or to
  297  possess on, such school property any weapon as defined in s.
  298  790.001 s. 790.001(13) or any firearm.
  299         Section 8. Paragraph (b) of subsection (1) of section
  300  921.0024, Florida Statutes, is amended to read:
  301         921.0024 Criminal Punishment Code; worksheet computations;
  302  scoresheets.—
  303         (1)
  304         (b) WORKSHEET KEY:
  305  
  306  Legal status points are assessed when any form of legal status
  307  existed at the time the offender committed an offense before the
  308  court for sentencing. Four (4) sentence points are assessed for
  309  an offender’s legal status.
  310  
  311  Community sanction violation points are assessed when a
  312  community sanction violation is before the court for sentencing.
  313  Six (6) sentence points are assessed for each community sanction
  314  violation and each successive community sanction violation,
  315  unless any of the following apply:
  316         1. If the community sanction violation includes a new
  317  felony conviction before the sentencing court, twelve (12)
  318  community sanction violation points are assessed for the
  319  violation, and for each successive community sanction violation
  320  involving a new felony conviction.
  321         2. If the community sanction violation is committed by a
  322  violent felony offender of special concern as defined in s.
  323  948.06:
  324         a. Twelve (12) community sanction violation points are
  325  assessed for the violation and for each successive violation of
  326  felony probation or community control where:
  327         (I)I. The violation does not include a new felony
  328  conviction; and
  329         (II)II. The community sanction violation is not based
  330  solely on the probationer or offender’s failure to pay costs or
  331  fines or make restitution payments.
  332         b. Twenty-four (24) community sanction violation points are
  333  assessed for the violation and for each successive violation of
  334  felony probation or community control where the violation
  335  includes a new felony conviction.
  336  
  337  Multiple counts of community sanction violations before the
  338  sentencing court shall not be a basis for multiplying the
  339  assessment of community sanction violation points.
  340  
  341  Prior serious felony points: If the offender has a primary
  342  offense or any additional offense ranked in level 8, level 9, or
  343  level 10, and one or more prior serious felonies, a single
  344  assessment of thirty (30) points shall be added. For purposes of
  345  this section, a prior serious felony is an offense in the
  346  offender’s prior record that is ranked in level 8, level 9, or
  347  level 10 under s. 921.0022 or s. 921.0023 and for which the
  348  offender is serving a sentence of confinement, supervision, or
  349  other sanction or for which the offender’s date of release from
  350  confinement, supervision, or other sanction, whichever is later,
  351  is within 3 years before the date the primary offense or any
  352  additional offense was committed.
  353  
  354  Prior capital felony points: If the offender has one or more
  355  prior capital felonies in the offender’s criminal record, points
  356  shall be added to the subtotal sentence points of the offender
  357  equal to twice the number of points the offender receives for
  358  the primary offense and any additional offense. A prior capital
  359  felony in the offender’s criminal record is a previous capital
  360  felony offense for which the offender has entered a plea of nolo
  361  contendere or guilty or has been found guilty; or a felony in
  362  another jurisdiction which is a capital felony in that
  363  jurisdiction, or would be a capital felony if the offense were
  364  committed in this state.
  365  
  366  Possession of a firearm, semiautomatic firearm, or machine gun:
  367  If the offender is convicted of committing or attempting to
  368  commit any felony other than those enumerated in s. 775.087(2)
  369  while having in his or her possession: a firearm as defined in
  370  s. 790.001 s. 790.001(6), an additional eighteen (18) sentence
  371  points are assessed; or if the offender is convicted of
  372  committing or attempting to commit any felony other than those
  373  enumerated in s. 775.087(3) while having in his or her
  374  possession a semiautomatic firearm as defined in s. 775.087(3)
  375  or a machine gun as defined in s. 790.001 s. 790.001(9), an
  376  additional twenty-five (25) sentence points are assessed.
  377  
  378  Sentencing multipliers:
  379  
  380  Drug trafficking: If the primary offense is drug trafficking
  381  under s. 893.135, the subtotal sentence points are multiplied,
  382  at the discretion of the court, for a level 7 or level 8
  383  offense, by 1.5. The state attorney may move the sentencing
  384  court to reduce or suspend the sentence of a person convicted of
  385  a level 7 or level 8 offense, if the offender provides
  386  substantial assistance as described in s. 893.135(4).
  387  
  388  Law enforcement protection: If the primary offense is a
  389  violation of the Law Enforcement Protection Act under s.
  390  775.0823(2), (3), or (4), the subtotal sentence points are
  391  multiplied by 2.5. If the primary offense is a violation of s.
  392  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  393  are multiplied by 2.0. If the primary offense is a violation of
  394  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  395  Protection Act under s. 775.0823(10) or (11), the subtotal
  396  sentence points are multiplied by 1.5.
  397  
  398  Grand theft of a motor vehicle: If the primary offense is grand
  399  theft of the third degree involving a motor vehicle and in the
  400  offender’s prior record, there are three or more grand thefts of
  401  the third degree involving a motor vehicle, the subtotal
  402  sentence points are multiplied by 1.5.
  403  
  404  Offense related to a criminal gang: If the offender is convicted
  405  of the primary offense and committed that offense for the
  406  purpose of benefiting, promoting, or furthering the interests of
  407  a criminal gang as defined in s. 874.03, the subtotal sentence
  408  points are multiplied by 1.5. If applying the multiplier results
  409  in the lowest permissible sentence exceeding the statutory
  410  maximum sentence for the primary offense under chapter 775, the
  411  court may not apply the multiplier and must sentence the
  412  defendant to the statutory maximum sentence.
  413  
  414  Domestic violence in the presence of a child: If the offender is
  415  convicted of the primary offense and the primary offense is a
  416  crime of domestic violence, as defined in s. 741.28, which was
  417  committed in the presence of a child under 16 years of age who
  418  is a family or household member as defined in s. 741.28(3) with
  419  the victim or perpetrator, the subtotal sentence points are
  420  multiplied by 1.5.
  421  
  422  Adult-on-minor sex offense: If the offender was 18 years of age
  423  or older and the victim was younger than 18 years of age at the
  424  time the offender committed the primary offense, and if the
  425  primary offense was an offense committed on or after October 1,
  426  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  427  violation involved a victim who was a minor and, in the course
  428  of committing that violation, the defendant committed a sexual
  429  battery under chapter 794 or a lewd act under s. 800.04 or s.
  430  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  431  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  432  800.04; or s. 847.0135(5), the subtotal sentence points are
  433  multiplied by 2.0. If applying the multiplier results in the
  434  lowest permissible sentence exceeding the statutory maximum
  435  sentence for the primary offense under chapter 775, the court
  436  may not apply the multiplier and must sentence the defendant to
  437  the statutory maximum sentence.
  438         Section 9. This act shall take effect October 1, 2016.