Florida Senate - 2024                                     SB 150
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00007-24                                            2024150__
    1                        A bill to be entitled                      
    2         An act relating to assault weapons and large-capacity
    3         magazines; creating s. 790.301, F.S.; defining terms;
    4         prohibiting the sale or transfer of an assault weapon
    5         or a large-capacity magazine; providing exceptions;
    6         providing criminal penalties; prohibiting possession
    7         of an assault weapon or a large-capacity magazine;
    8         providing exceptions; providing criminal penalties;
    9         requiring certificates of possession for assault
   10         weapons or large-capacity magazines lawfully possessed
   11         before a specified date; specifying requirements for
   12         the certificates; requiring the Department of Law
   13         Enforcement to adopt rules by a specified date;
   14         specifying the form of the certificates; limiting
   15         sales or transfers of assault weapons or large
   16         capacity magazines documented by certificates of
   17         possession; providing conditions for continued
   18         possession of such weapons or large-capacity
   19         magazines; specifying requirements for an applicant
   20         who fails to qualify for a certificate of possession;
   21         requiring certificates of transfer for transfers of
   22         certain assault weapons or large-capacity magazines;
   23         providing requirements for certificates of transfer;
   24         requiring the department to maintain a file of such
   25         certificates; providing for relinquishment of assault
   26         weapons or large-capacity magazines; providing
   27         requirements for transporting assault weapons or
   28         large-capacity magazines under certain circumstances;
   29         providing criminal penalties; specifying circumstances
   30         in which the manufacture or transport of assault
   31         weapons or large-capacity magazines is not prohibited;
   32         exempting permanently inoperable firearms from certain
   33         provisions; amending s. 775.087, F.S.; providing
   34         enhanced criminal penalties for certain offenses when
   35         committed with an assault weapon or a large-capacity
   36         magazine; providing for severability; providing an
   37         effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 790.301, Florida Statutes, is created to
   42  read:
   43         790.301Assault weapons.—
   44         (1)DEFINITIONS.—As used in this section, the term:
   45         (a)1.“Assault weapon” means any selective-fire firearm
   46  capable of fully automatic, semiautomatic, or burst fire at the
   47  option of the user or any of the following semiautomatic
   48  firearms:
   49         a.All AK series, including, but not limited to, the
   50  following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
   51  NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
   52  and Vector Arms AK-47.
   53         b.All AR series, including, but not limited to, the
   54  following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
   55  M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
   56  M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
   57  AR rifles.
   58         c.Algimec AGM1.
   59         d.Barrett 82A1 and REC7.
   60         e.Beretta AR-70 and Beretta Storm.
   61         f.Bushmaster Auto Rifle.
   62         g.Calico Liberty series.
   63         h.Chartered Industries of Singapore SR-88.
   64         i.Colt Sporter.
   65         j.Daewoo K-1, K-2, Max-1, and Max-2.
   66         k.FAMAS MAS 223.
   67         l.Federal XC-900 and SC-450.
   68         m.Fabrique National FN/FAL, FN/LAR, or FNC.
   69         n.FNH PS90, SCAR, and FS2000.
   70         o.Goncz High Tech Carbine.
   71         p.Hi-Point Carbine.
   72         q.HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
   73         r.Kel-Tec Sub-2000, SU series, RFB.
   74         s.M1 Carbine.
   75         t.SAR-8, SAR-4800, and SR9.
   76         u.SIG 57 AMT and 500 Series.
   77         v.SIG Sauer MCX Rifle.
   78         w.SKS capable of accepting a detachable magazine.
   79         x.SLG 95.
   80         y.SLR 95 or 96.
   81         z.Spectre Auto Carbine.
   82         aa.Springfield Armory BM59, SAR-48, and G-3.
   83         bb.Sterling MK-6 and MK-7.
   84         cc.Steyr AUG.
   85         dd.Sturm Ruger Mini-14 with folding stock.
   86         ee.TNW M230 and M2HB.
   87         ff.Thompson types, including Thompson T5.
   88         gg.UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
   89  Rifle (Galatz), or Vector Arms UZI.
   90         hh.Weaver Arms Nighthawk.
   91         2.All of the following handguns, or copies, duplicates, or
   92  altered facsimiles thereof with the capability of any such
   93  weapon:
   94         a.AK-47 pistol and Mini AK-47 pistol.
   95         b.AR-15 pistol.
   96         c.Australian Automatic Arms SAP pistol.
   97         d.Bushmaster Auto Pistol.
   98         e.Calico Liberty series pistols.
   99         f.Encom MK-IV, MP-9, and MP-45.
  100         g.Feather AT-9 and Mini-AT.
  101         h.Goncz High Tech Long pistol.
  102         i.Holmes MP-83.
  103         j.Iver Johnson Enforcer.
  104         k.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
  105  Velocity Arms VMA series.
  106         l.Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
  107         m.UZI pistol and Micro-UZI pistol.
  108         n.Colefire Magnum.
  109         o.Scarab Skorpion.
  110         p.Spectre Auto pistol.
  111         q.German Sport 522 PK.
  112         r.Chiappa Firearms Mfour-22.
  113         s.DSA SA58 PKP FAL.
  114         t.I.O. Inc. PPS-43C.
  115         u.Kel-Tec PLR-16 pistol.
  116         v.SIG Sauer P556 pistol.
  117         w.Thompson TA5 series pistols.
  118         x.Wilkinson “Linda” pistol.
  119         3.All of the following shotguns, or copies, duplicates, or
  120  altered facsimiles thereof with the capability of any such
  121  weapon:
  122         a.Armscor 30 BG.
  123         b.Franchi SPAS-12 and Law-12.
  124         c.Remington TAC-2 or TACB3 FS.
  125         d.SPAS 12 or LAW 12.
  126         e.Striker 12.
  127         f.Streetsweeper.
  128         g.Saiga.
  129         h.USAS-12.
  130         i.Kel-Tec KSG.
  131         4.A part or combination of parts which converts a firearm
  132  into an assault weapon, or any combination of parts from which
  133  an assault weapon may be assembled if those parts are in the
  134  possession or under the control of the same person.
  135         5.Any semiautomatic firearm not listed in subparagraphs
  136  1.-4. which meets any of the following criteria:
  137         a.A semiautomatic rifle that has an ability to accept a
  138  detachable magazine and has one or more of the following:
  139         (I)A folding or telescoping stock;
  140         (II)A pistol grip, a thumbhole stock or Thordsen-type grip
  141  or stock, or any other characteristic that can function as a
  142  grip;
  143         (III)A bayonet mount;
  144         (IV)A flash suppressor or threaded barrel designed to
  145  accommodate a flash suppressor;
  146         (V)A grenade launcher; or
  147         (VI)A shroud attached to the barrel, or that partially or
  148  completely encircles the barrel, allowing the bearer to hold the
  149  firearm with the non-trigger hand without being burned, but
  150  excluding a slide that encloses the barrel.
  151         b.A semiautomatic pistol that has an ability to accept a
  152  detachable magazine and has one or more of the following:
  153         (I)The capacity to accept a large-capacity magazine that
  154  attaches to the pistol at any location outside of the pistol
  155  grip;
  156         (II)A threaded barrel capable of accepting a barrel
  157  extender, flash suppressor, forward handgrip, or silencer;
  158         (III)A slide that encloses the barrel and that permits the
  159  shooter to hold the firearm with the non-trigger hand without
  160  being burned;
  161         (IV)A manufactured weight of 50 ounces or more when the
  162  pistol is unloaded;
  163         (V)A semiautomatic version of an automatic firearm;
  164         (VI)Any feature capable of functioning as a protruding
  165  grip that can be held by the non-trigger hand; or
  166         (VII)A folding, telescoping, or thumbhole stock.
  167         c.A semiautomatic shotgun that has one or more of the
  168  following:
  169         (I)A folding or telescoping stock;
  170         (II)A pistol grip, a thumbhole stock or Thordsen-type grip
  171  or stock, or any other characteristic that can function as a
  172  grip;
  173         (III)A thumbhole stock;
  174         (IV)A fixed magazine capacity in excess of 5 rounds; or
  175         (V)An ability to accept a detachable magazine.
  176         d.Any semiautomatic pistol or any semiautomatic,
  177  centerfire, or rimfire rifle with a fixed magazine that has the
  178  capacity to accept more than 10 rounds of ammunition.
  179         e.A part or combination of parts designed or intended to
  180  convert a firearm into an assault weapon, or any combination of
  181  parts from which an assault weapon may be assembled if those
  182  parts are in the possession or under the control of the same
  183  person.
  184         (b)“Detachable magazine” means an ammunition feeding
  185  device that can be removed from a firearm without disassembly of
  186  the firearm action.
  187         (c)“Fixed magazine” means an ammunition feeding device
  188  contained in, or permanently attached to, a firearm in such a
  189  manner that the device cannot be removed without disassembly of
  190  the firearm action.
  191         (d)“Large-capacity magazine” means an ammunition feeding
  192  device with the capacity to accept more than 10 rounds, or any
  193  conversion kit, part, or combination of parts from which such a
  194  device can be assembled if those parts are in the possession or
  195  under the control of the same person, but does not include any
  196  of the following:
  197         1.A feeding device that has been permanently altered so
  198  that it cannot accommodate more than 10 rounds;
  199         2.A .22 caliber tube ammunition feeding device; or
  200         3.A tubular magazine that is contained in a lever-action
  201  firearm.
  202         (e)“Licensed gun dealer” means a person who has a federal
  203  firearms license.
  204         (2)SALE OR TRANSFER.—
  205         (a)A person who, within this state, distributes,
  206  transports, or imports into this state; who sells, keeps for
  207  sale, or offers or exposes for sale; or who gives an assault
  208  weapon or a large-capacity magazine in violation of this
  209  section, except as provided in paragraph (c), commits a felony
  210  of the third degree, punishable as provided in s. 775.082, s.
  211  775.083, or s. 775.084, with a mandatory minimum term of
  212  imprisonment of 2 years.
  213         (b)A person who transfers, sells, or gives an assault
  214  weapon or a large-capacity magazine to a person under 18 years
  215  of age in violation of this section commits a felony of the
  216  second degree, punishable as provided in s. 775.082, s. 775.083,
  217  or s. 775.084, with a mandatory minimum term of imprisonment of
  218  6 years.
  219         (c)Paragraph (a) does not apply to:
  220         1.The sale of assault weapons or large-capacity magazines
  221  to the Department of Law Enforcement, a law enforcement agency
  222  as defined in s. 934.02, the Department of Corrections, or the
  223  military or naval forces of this state or of the United States
  224  for use in the discharge of their official duties.
  225         2.A person who is the executor or administrator of an
  226  estate that includes an assault weapon or a large-capacity
  227  magazine for which a certificate of possession has been issued
  228  under subsection (4) and which is disposed of as authorized by
  229  the probate court, if the disposition is otherwise permitted
  230  under this section.
  231         3.The transfer by bequest or intestate succession of an
  232  assault weapon or a large-capacity magazine for which a
  233  certificate of possession has been issued under subsection (4).
  234         (3)POSSESSION.—
  235         (a)Except as provided in subsection (5), a person who,
  236  within this state, possesses any assault weapon or large
  237  capacity magazine, except as provided in this section or as
  238  otherwise authorized by law, commits a felony of the third
  239  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  240  775.084, with a mandatory minimum term of imprisonment of 1
  241  year.
  242         (b)Paragraph (a) does not apply to the possession of
  243  assault weapons or large-capacity magazines by members or
  244  employees of the Department of Law Enforcement, a law
  245  enforcement agency as defined in s. 934.02, the Department of
  246  Corrections, or the military or naval forces of this state or of
  247  the United States for use in the discharge of their official
  248  duties; and this section does not prohibit the possession or use
  249  of assault weapons or large-capacity magazines by sworn members
  250  of such agencies when on duty and when the use is within the
  251  scope of their duties.
  252         (c)Paragraph (a) does not apply to the possession of an
  253  assault weapon or a large-capacity magazine by a person before
  254  July 1, 2025, if all of the following are applicable:
  255         1.The person is eligible to apply for a certificate of
  256  possession under subsection (4) for the assault weapon or large
  257  capacity magazine by July 1, 2025;
  258         2.The person lawfully possessed the assault weapon or
  259  large-capacity magazine before October 1, 2024; and
  260         3.The person is otherwise in compliance with this section
  261  and the applicable requirements of this chapter for possession
  262  of a firearm.
  263         (d)Paragraph (a) does not apply to a person who is the
  264  executor or administrator of an estate that includes an assault
  265  weapon or a large-capacity magazine for which a certificate of
  266  possession has been issued under subsection (4), if the assault
  267  weapon is possessed at a place set forth in subparagraph
  268  (4)(d)1. or as authorized by the probate court.
  269         (4)CERTIFICATE OF POSSESSION.—
  270         (a)A person who lawfully possesses an assault weapon or a
  271  large-capacity magazine before October 1, 2024, must apply by
  272  October 1, 2025, or, if such person is a member of the military
  273  or naval forces of this state or of the United States and is
  274  unable to apply by October 1, 2025, because he or she is or was
  275  on official duty outside of this state, must apply within 90
  276  days after returning to this state, to the Department of Law
  277  Enforcement for a certificate of possession with respect to such
  278  assault weapon or large-capacity magazine. The certificate must
  279  contain a description of the assault weapon or large-capacity
  280  magazine which identifies it uniquely, including all
  281  identification marks; the full name, address, date of birth, and
  282  thumbprint of the owner; and any other information as the
  283  department may deem appropriate. The department shall adopt
  284  rules no later than January 1, 2025, to establish procedures
  285  with respect to the application for, and issuance of,
  286  certificates of possession pursuant to this subsection. The
  287  thumbprint of the applicant must be taken by a law enforcement
  288  agency or the Department of Law Enforcement together with any
  289  personal identifying information required by federal law to
  290  process fingerprints. Charges for thumbprint services under this
  291  paragraph are not subject to the sales tax on fingerprint
  292  services imposed in s. 212.05(1)(i). The Department of Law
  293  Enforcement shall conduct a background investigation pursuant to
  294  this subsection.
  295         (b)A certificate of possession issued under this
  296  subsection must be in substantially the following form:
  297  
  298             CERTIFICATE OF POSSESSION OF ASSAULT WEAPON           
  299         Certificate Number:
  300         Owner’s Name: (Last, First, Middle)
  301         Address: (Number, Street, City or Town, State, Zip Code) NO
  302  P.O. Boxes
  303         Date of Birth:
  304         Social Security Number (Optional, but will help prevent
  305  misidentification):
  306         Driver License Number and State:
  307         Manufacturer:
  308         Importer:
  309         Serial Number:
  310         Model:
  311         Caliber:
  312         Unique I.D./Markings:
  313         Signature of Owner
  314         Applicant’s Right Thumbprint
  315  
  316         (c)An assault weapon or a large-capacity magazine
  317  possessed pursuant to this section may not be sold or
  318  transferred on or after January 1, 2025, to a person within this
  319  state other than to a licensed gun dealer, as provided in
  320  subsection (5), or by a bequest or intestate succession. A
  321  person who obtains title to an assault weapon or a large
  322  capacity magazine for which a certificate of possession has been
  323  issued under this subsection by bequest or intestate succession
  324  must, within 90 days after obtaining title, apply to the
  325  Department of Law Enforcement for a certificate of possession as
  326  provided in this subsection, render the assault weapon or large
  327  capacity magazine permanently inoperable, sell the weapon or
  328  large-capacity magazine to a licensed gun dealer, or remove the
  329  weapon or large-capacity magazine from this state. A person who
  330  moves into this state in lawful possession of an assault weapon
  331  or a large-capacity magazine must, within 90 days, either render
  332  the weapon or large-capacity magazine permanently inoperable,
  333  sell the weapon or large-capacity magazine to a licensed gun
  334  dealer, or remove the weapon or large-capacity magazine from
  335  this state. This paragraph does not apply to a person who is a
  336  member of the military or naval forces of this state or of the
  337  United States, is in lawful possession of an assault weapon or a
  338  large-capacity magazine, and has been transferred into this
  339  state after October 1, 2025.
  340         (d)A person who has been issued a certificate of
  341  possession for an assault weapon or a large-capacity magazine
  342  under this subsection may possess it only under the following
  343  conditions:
  344         1.At that person’s residence, place of business, or other
  345  property owned by that person, or on property owned by another
  346  person with the owner’s express permission;
  347         2.While on the premises of a target range of a public or
  348  private club or organization organized for the purpose of
  349  practicing shooting at targets;
  350         3.While on a target range that holds a regulatory or
  351  business license for the purpose of practicing shooting at that
  352  target range;
  353         4.While on the premises of a licensed shooting club;
  354         5.While attending any exhibition, display, or educational
  355  program that is about firearms and is sponsored by, conducted
  356  under the auspices of, or approved by a law enforcement agency
  357  or a nationally or state-recognized entity that fosters
  358  proficiency in, or promotes education about, firearms; or
  359         6.While transporting the assault weapon or large-capacity
  360  magazine between any of the places mentioned in this paragraph,
  361  or to any licensed gun dealer for servicing or repair pursuant
  362  to paragraph (7)(b), provided the assault weapon or large
  363  capacity magazine is transported as required by subsection (7).
  364         (e)If an applicant for a certificate of possession under
  365  this subsection fails to qualify for the certificate after the
  366  background investigation required under this subsection, the
  367  applicant must arrange to relinquish all assault weapons or
  368  large-capacity magazines in his or her possession as provided in
  369  subsection (7) within 10 days after he or she receives written
  370  notice from the Department of Law Enforcement of failure to
  371  qualify for the certificate. Such an applicant who fails to make
  372  such an arrangement within the time specified in this paragraph
  373  is thereafter in violation of this section.
  374         (5)CERTIFICATE OF TRANSFER.—If an owner of an assault
  375  weapon or a large-capacity magazine sells or transfers the
  376  weapon or magazine to a licensed gun dealer, the owner must, at
  377  the time of delivery of the weapon, execute a certificate of
  378  transfer and cause the certificate to be mailed or delivered to
  379  the Department of Law Enforcement. The certificate must contain
  380  all of the following:
  381         (a)The date of sale or transfer.
  382         (b)The names and addresses of the seller or transferor and
  383  the licensed gun dealer and their social security numbers or
  384  driver license numbers.
  385         (c)The licensed gun dealer’s federal firearms license
  386  number.
  387         (d)A description of the weapon, including the caliber of
  388  the weapon and its make, model, and serial number.
  389         (e)Any other information the Department of Law Enforcement
  390  prescribes.
  391  
  392  The licensed gun dealer shall present his or her driver license
  393  or social security card and federal firearms license to the
  394  seller or transferor for inspection at the time of purchase or
  395  transfer. The Department of Law Enforcement shall maintain at
  396  its headquarters a file of all certificates of transfer.
  397         (6)RELINQUISHMENT.—An individual may arrange in advance to
  398  relinquish an assault weapon or a large-capacity magazine to a
  399  law enforcement agency as defined in s. 934.02 or to the
  400  Department of Law Enforcement. The assault weapon or large
  401  capacity magazine must be transported in accordance with
  402  subsection (7).
  403         (7)TRANSPORTATION.—
  404         (a)A licensed gun dealer who lawfully purchases for resale
  405  out of state an assault weapon or a large-capacity magazine
  406  pursuant to subsection (2) may transport the assault weapon or
  407  large-capacity magazine between dealers or out of this state,
  408  but a person may not carry a loaded assault weapon concealed
  409  from public view or knowingly have in any motor vehicle owned,
  410  operated, or occupied by him or her a loaded assault weapon or
  411  an unloaded assault weapon, unless such weapon is kept in the
  412  trunk of such vehicle or in a case or other container that is
  413  inaccessible to the operator of or any passenger in such
  414  vehicle. A person who violates this subsection commits a
  415  misdemeanor of the second degree, punishable as provided in s.
  416  775.082 or s. 775.083. Any licensed gun dealer may display the
  417  assault weapon or large-capacity magazine at any gun show or
  418  sell it to a buyer outside this state.
  419         (b)Any licensed gun dealer may transfer possession of any
  420  assault weapon or large-capacity magazine received pursuant to
  421  paragraph (a) to a gunsmith for purposes of accomplishing
  422  service or repair of the same. Transfers are permissible only to
  423  the following persons:
  424         1.A gunsmith who is in the dealer’s employ; or
  425         2.A gunsmith with whom the dealer has contracted for
  426  gunsmithing services, provided the gunsmith receiving the
  427  assault weapon holds a dealer’s license issued pursuant to
  428  chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss.
  429  921 et seq., and the regulations issued pursuant thereto.
  430         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION IS
  431  NOT PROHIBITED.—This section does not prohibit any person, firm,
  432  or corporation engaged in the business of manufacturing assault
  433  weapons or large-capacity magazines in this state from
  434  manufacturing or transporting assault weapons or large-capacity
  435  magazines in this state for sale within this state in accordance
  436  with subparagraph (2)(c)1. or for sale outside this state.
  437         (9)EXCEPTION.—This section does not apply to any firearm
  438  modified to render it permanently inoperable.
  439         Section 2. Paragraph (a) of subsection (3) of section
  440  775.087, Florida Statutes, is amended to read:
  441         775.087 Possession or use of weapon; aggravated battery;
  442  felony reclassification; minimum sentence.—
  443         (3)(a)1. Any person who is convicted of a felony or an
  444  attempt to commit a felony, regardless of whether the use of a
  445  firearm is an element of the felony, and the conviction was for:
  446         a. Murder;
  447         b. Sexual battery;
  448         c. Robbery;
  449         d. Burglary;
  450         e. Arson;
  451         f. Aggravated battery;
  452         g. Kidnapping;
  453         h. Escape;
  454         i. Sale, manufacture, delivery, or intent to sell,
  455  manufacture, or deliver any controlled substance;
  456         j. Aircraft piracy;
  457         k. Aggravated child abuse;
  458         l. Aggravated abuse of an elderly person or disabled adult;
  459         m. Unlawful throwing, placing, or discharging of a
  460  destructive device or bomb;
  461         n. Carjacking;
  462         o. Home-invasion robbery;
  463         p. Aggravated stalking;
  464         q. Trafficking in cannabis, trafficking in cocaine, capital
  465  importation of cocaine, trafficking in illegal drugs, capital
  466  importation of illegal drugs, trafficking in phencyclidine,
  467  capital importation of phencyclidine, trafficking in
  468  methaqualone, capital importation of methaqualone, trafficking
  469  in amphetamine, capital importation of amphetamine, trafficking
  470  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  471  (GHB), trafficking in 1,4-Butanediol, trafficking in
  472  Phenethylamines, or other violation of s. 893.135(1); or
  473         r. Human trafficking,
  474  
  475  and during the commission of the offense, such person possessed
  476  a semiautomatic firearm and its high-capacity detachable box
  477  magazine, an assault weapon or a large-capacity magazine as
  478  those terms are defined in s. 790.301, or a machine gun as
  479  defined in s. 790.001, shall be sentenced to a minimum term of
  480  imprisonment of 15 years.
  481         2. Any person who is convicted of a felony or an attempt to
  482  commit a felony listed in subparagraph 1., regardless of whether
  483  the use of a weapon is an element of the felony, and during the
  484  course of the commission of the felony such person discharged a
  485  semiautomatic firearm and its high-capacity box magazine, an
  486  assault weapon or a large-capacity magazine as those terms are
  487  defined in s. 790.301, or a “machine gun” as defined in s.
  488  790.001, shall be sentenced to a minimum term of imprisonment of
  489  20 years.
  490         3. Any person who is convicted of a felony or an attempt to
  491  commit a felony listed in subparagraph 1., regardless of whether
  492  the use of a weapon is an element of the felony, and during the
  493  course of the commission of the felony such person discharged a
  494  semiautomatic firearm and its high-capacity box magazine, an
  495  assault weapon or a large-capacity magazine as those terms are
  496  defined in s. 790.301, or a machine gun as defined in s.
  497  790.001 and, as the result of the discharge, death or great
  498  bodily harm was inflicted upon any person, the convicted person
  499  shall be sentenced to a minimum term of imprisonment of not less
  500  than 25 years and not more than a term of imprisonment of life
  501  in prison.
  502         Section 3. If any provision of this act or its application
  503  to any person or circumstance is held invalid, the invalidity
  504  does not affect other provisions or applications of the act
  505  which can be given effect without the invalid provision or
  506  application, and to this end the provisions of this act are
  507  severable.
  508         Section 4. This act shall take effect October 1, 2024.