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: 34 790.30 Assault 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.