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: 38 790.301 Assault 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.