Florida Senate - 2020 SB 1300 By Senator Stewart 13-00285D-20 20201300__ 1 A bill to be entitled 2 An act relating to assault weapons; creating s. 3 790.30, F.S.; defining terms; prohibiting the 4 importing into this state, or the distributing, 5 transporting, transferring, selling, or giving within 6 this state, of an assault weapon; providing criminal 7 penalties; providing applicability; prohibiting the 8 possession of an assault weapon; providing exceptions; 9 providing criminal penalties; providing applicability; 10 requiring certificates of possession for assault 11 weapons lawfully possessed before a specified date; 12 requiring the Department of Law Enforcement to adopt 13 rules by a certain date; limiting transfers of assault 14 weapons represented by certificates of possession; 15 providing conditions for continued possession of such 16 weapons; requiring certificates of transfer for 17 transfers of assault weapons; requiring the department 18 to maintain a file of all certificates of transfer; 19 providing for relinquishment of assault weapons; 20 specifying requirements for transportation of assault 21 weapons; providing criminal penalties; specifying 22 circumstances in which the manufacture or 23 transportation of assault weapons is not prohibited; 24 exempting permanently inoperable firearms from certain 25 provisions; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 790.30, Florida Statutes, is created to 30 read: 31 790.30 Assault weapons.— 32 (1) DEFINITIONS.—As used in this section, the term: 33 (a) “Assault weapon” means a selective-fire firearm capable 34 of fully automatic, semiautomatic, or burst fire at the option 35 of the user or any of the following specified semiautomatic 36 firearms: 37 1. All AK series. 38 2. All AR series. 39 3. Sig Sauer MCX rifle. 40 (b) “Licensed gun dealer” means a person who has a federal 41 firearms license. 42 (2) SALE OR TRANSFER.— 43 (a) A person may not import an assault weapon into this 44 state or distribute, transport, transfer, sell, keep for sale, 45 offer or expose for sale, or give an assault weapon within this 46 state. 47 1. Except as provided in subparagraph 2., any person who 48 violates this paragraph commits a felony of the third degree, 49 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 50 with a mandatory minimum term of imprisonment of 2 years. 51 2. Any person who transfers, sells, or gives an assault 52 weapon to a person under 21 years of age commits a felony of the 53 second degree, punishable as provided in s. 775.082, s. 775.083, 54 or s. 775.084, with a mandatory minimum term of imprisonment of 55 6 years. 56 (b) Paragraph (a) does not apply to: 57 1. The sale of an assault weapon to the Department of Law 58 Enforcement, a law enforcement agency as defined in s. 934.02, 59 the Department of Corrections, or the Armed Forces of the United 60 States or of this state for use in the discharge of their 61 official duties. 62 2. A person who is the executor or administrator of an 63 estate that includes an assault weapon for which a certificate 64 of possession has been issued under subsection (4) and which is 65 disposed of as authorized by the probate court, if the 66 disposition is otherwise authorized under this section. 67 3. The transfer by bequest or intestate succession of an 68 assault weapon for which a certificate of possession has been 69 issued under subsection (4). 70 (3) POSSESSION.— 71 (a) Except as provided in subsection (5) or otherwise 72 provided in this section or authorized by any other law, a 73 person may not possess an assault weapon within this state. Any 74 person who violates this paragraph commits a felony of the third 75 degree, punishable as provided in s. 775.082, s. 775.083, or s. 76 775.084, with a mandatory minimum term of imprisonment of 1 77 year. 78 (b) Paragraph (a) does not apply to: 79 1. The possession of an assault weapon by a sworn member or 80 employee of the Department of Law Enforcement, a law enforcement 81 agency as defined in s. 934.02, the Department of Corrections, 82 or the Armed Forces of the United States or of this state for 83 use in the discharge of his or her official duties, and this 84 section does not prohibit the possession or use of an assault 85 weapon by a sworn member of one of these agencies when on duty 86 and the use is within the scope of his or her duties. 87 2. The possession of an assault weapon by any person before 88 July 1, 2021, if that person: 89 a. Is eligible to apply for a certificate of possession for 90 the assault weapon by July 1, 2021; 91 b. Lawfully possessed the assault weapon before October 1, 92 2020; and 93 c. Is otherwise in compliance with this section and the 94 applicable requirements of this chapter for possession of a 95 firearm. 96 3. A person who is the executor or administrator of an 97 estate that includes an assault weapon for which a certificate 98 of possession has been issued under subsection (4), if the 99 assault weapon is possessed at a place specified in subparagraph 100 (4)(c)1. or as authorized by the probate court. 101 (4) CERTIFICATE OF POSSESSION.— 102 (a) Any person who lawfully possesses an assault weapon 103 before October 1, 2020, shall apply to the Department of Law 104 Enforcement by October 1, 2021, for a certificate of possession 105 with respect to such an assault weapon, unless he or she is a 106 member of the Armed Forces of the United States or of this state 107 and cannot comply because he or she is or was on official duty 108 outside this state, in which case he or she must apply within 90 109 days after returning to this state. The certificate must contain 110 a description of the assault weapon which identifies the assault 111 weapon uniquely, including all identifying marks; the full name, 112 address, date of birth, and thumbprint of the owner; and any 113 other information as the department deems appropriate. The 114 department shall adopt rules no later than January 1, 2021, to 115 establish procedures with respect to the application for, and 116 issuance of, certificates of possession under this section. 117 (b)1. An assault weapon lawfully possessed in accordance 118 with this section may not be sold or transferred on or after 119 January 1, 2021, to any person within this state other than to a 120 licensed gun dealer, as provided in subsection (5), or by a 121 bequest or intestate succession. 122 2. A person who obtains ownership of an assault weapon for 123 which a certificate of possession has been issued under this 124 subsection shall, within 90 days after obtaining ownership, 125 apply to the Department of Law Enforcement for a certificate of 126 possession, render the assault weapon permanently inoperable, 127 sell the assault weapon to a licensed gun dealer, or remove the 128 assault weapon from this state. 129 3. A person who moves into this state and who is in lawful 130 possession of an assault weapon shall, within 90 days, either 131 render the assault weapon permanently inoperable, sell the 132 assault weapon to a licensed gun dealer, or remove the assault 133 weapon from this state, unless the person is a member of the 134 Armed Forces of the United States or of this state, is in lawful 135 possession of an assault weapon, and has been transferred to the 136 state after October 1, 2021. 137 (c) A person who has been issued a certificate of 138 possession for an assault weapon under this subsection may 139 possess it only if the person is: 140 1. At the residence, the place of business, or any other 141 property owned by that person, or on a property owned by another 142 person with the owner’s express permission; 143 2. On the premises of a target range of a public or private 144 club or organization organized for the purpose of practicing 145 shooting at targets; 146 3. On a target range that holds a regulatory or business 147 license for the purpose of practicing shooting at that target 148 range; 149 4. On the premises of a licensed shooting club; 150 5. Attending an exhibition, display, or educational program 151 on firearms which is sponsored by, conducted under the auspices 152 of, or approved by a law enforcement agency or a nationally 153 recognized or state-recognized entity that fosters proficiency 154 in, or promotes education about, firearms; or 155 6. Transporting the assault weapon between any of the 156 places identified in this paragraph, or from or to any licensed 157 gun dealer for servicing or repair pursuant to paragraph (7)(b), 158 provided that the assault weapon is transported as required by 159 subsection (7). 160 (5) CERTIFICATE OF TRANSFER.—If the owner of an assault 161 weapon sells or transfers the weapon to a licensed gun dealer, 162 the licensed gun dealer must, at the time of delivery of the 163 weapon, execute a certificate of transfer and cause the 164 certificate to be mailed or delivered to the Department of Law 165 Enforcement. The certificate must contain all of the following: 166 (a) The date of sale or transfer. 167 (b) The names and addresses of the seller or transferor and 168 the licensed gun dealer and their social security numbers or 169 driver license numbers. 170 (c) The licensed gun dealer’s federal firearms license 171 number. 172 (d) A description of the weapon, including the caliber of 173 the weapon and its make, model, and serial number. 174 (e) Any other information required by the Department of Law 175 Enforcement. 176 177 The licensed gun dealer shall present his or her driver license 178 or social security card and federal firearms license to the 179 seller or transferor for inspection at the time of purchase or 180 transfer. The Department of Law Enforcement shall maintain a 181 file of all certificates of transfer at its headquarters. 182 (6) RELINQUISHMENT.—An individual may arrange in advance to 183 relinquish an assault weapon to a law enforcement agency, as 184 defined in s. 934.02, or the Department of Law Enforcement. The 185 assault weapon must be transported in accordance with subsection 186 (7). 187 (7) TRANSPORTATION.— 188 (a) A licensed gun dealer who lawfully purchases for resale 189 an assault weapon pursuant to subsection (2) may transport the 190 assault weapon between licensed gun dealers or out of this 191 state, but a person may not carry a loaded assault weapon 192 concealed from public view, or knowingly have in any motor 193 vehicle owned, operated, or occupied by him or her a loaded or 194 unloaded assault weapon, unless the weapon is kept in the trunk 195 of the vehicle or in a case or other container that is 196 inaccessible to the operator of or any passenger in the vehicle. 197 Any person who violates this paragraph commits a misdemeanor of 198 the second degree, punishable as provided in s. 775.082 or s. 199 775.083. A licensed gun dealer may display the assault weapon at 200 any gun show or sell it to a resident outside this state. 201 (b) A licensed gun dealer may transfer possession of any 202 assault weapon received pursuant to paragraph (a) to a gunsmith 203 for the purpose of service or repair if that gunsmith is: 204 1. In the licensed gun dealer’s employ; or 205 2. Contracted by the licensed gun dealer for gunsmithing 206 services, provided the gunsmith holds a dealer’s license issued 207 pursuant to chapter 44 of Title 18 of the United States Code, 18 208 U.S.C. ss. 921 et seq., and the regulations issued pursuant 209 thereto. 210 (8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION 211 NOT PROHIBITED.—This section does not prohibit any person, firm, 212 or corporation engaged in the business of manufacturing assault 213 weapons in this state from manufacturing or transporting assault 214 weapons in this state for sale within this state in accordance 215 with subparagraph (2)(b)1. or for sale outside this state. 216 (9) EXCEPTION.—This section does not apply to any firearm 217 modified to render it permanently inoperable. 218 Section 2. This act shall take effect October 1, 2020.