Bill Text: FL H0021 | 2010 | Regular Session | Introduced

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Bill Title: Regulation of Firearms

Spectrum: Partisan Bill (Republican 44-0)

Status: (Failed) 2010-04-30 - Died in Committee on Civil Justice & Courts Policy (CCJP) [H0021 Detail]

Download: Florida-2010-H0021-Introduced.html

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HB 21

1	A bill to be entitled
2	An act relating to regulation of firearms; creating s.
3	790.34, F.S.; creating the Florida Firearms Freedom Act;
4	providing a short title; providing legislative findings;
5	providing definitions; providing that specified firearms,
6	firearm accessories, and ammunition for personal use
7	manufactured in the state are not subject to federal law
8	or regulation; providing that the importation into the
9	state of specified parts and the incorporation of such
10	parts into a firearm, firearm accessory, or ammunition
11	manufactured in the state does not subject the firearm,
12	firearm accessory, or ammunition to federal regulation;
13	providing that certain basic materials are not subject to
14	federal regulation of firearms, firearm accessories, or
15	ammunition under interstate commerce; providing that
16	specified firearm accessories imported into the state from
17	another state do not subject a firearm to federal
18	regulation under interstate commerce; providing
19	legislative findings with respect thereto; providing
20	exceptions; providing applicability; requiring that
21	firearms manufactured and sold in the state must bear an
22	indicia of manufacture by a specified date; providing an
23	effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Section 790.34, Florida Statutes, is created to
28	read:
29	790.34 Florida Firearms Freedom Act.--
30	(1) SHORT TITLE.--This section may be cited as the
31	"Florida Firearms Freedom Act."
32	(2) LEGISLATIVE FINDINGS.--
33	(a) The Tenth Amendment to the United States Constitution
34	guarantees to the states and their citizens all powers not
35	granted to the Federal Government elsewhere in the constitution
36	and reserves to the State of Florida and its citizens certain
37	powers as they were understood at the time that Florida was
38	admitted to statehood in 1845. The guaranty of those powers is a
39	matter of contract between the State of Florida and the citizens
40	thereof and the United States as of the time that the compact
41	with the United States was agreed upon and adopted by Florida
42	and the United States in 1845.
43	(b) The regulation of intrastate commerce by the Ninth
44	Amendment to the United States Constitution guarantees to the
45	people rights not granted in the constitution and reserves to
46	the State of Florida and its citizens certain rights as they
47	were understood at the time that Florida was admitted to
48	statehood in 1845. The guaranty of those powers is a matter of
49	contract between the State of Florida and the citizens thereof
50	and the United States as of the time that the compact with the
51	United States was agreed upon and adopted by Florida and the
52	United States in 1845.
53	(c) The regulation of intrastate commerce is vested in the
54	states under the Ninth Amendment and the Tenth Amendment to the
55	United States Constitution, particularly if not expressly
56	preempted by federal law. Congress has not expressly preempted
57	state regulation of intrastate commerce pertaining to the
58	intrastate manufacture of firearms, firearm accessories, and
59	ammunition.
60	(d) The Second Amendment to the United States Constitution
61	reserves to the people the right to keep and bear arms as that
62	right was understood at the time that Florida was admitted to
63	statehood in 1845. The guaranty of that right is a matter of
64	contract between the State of Florida and its citizens and the
65	United States as of the time that the compact with the United
66	States was agreed upon and adopted by Florida and the United
67	States in 1845.
68	(e) Section 8, Article I of the Florida Constitution
69	clearly secures to the citizens of Florida, and prohibits
70	government interference with, the right of individual Florida
71	citizens to keep and bear arms. This constitutional protection
72	remains unchanged from the original Florida Constitution, which
73	was approved by Congress and the people of Florida, and the
74	right exists as it was understood at the time that the compact
75	with the United States was agreed upon and adopted by Florida
76	and the United States in 1845.
77	(3) DEFINITIONS.--As used in this section:
78	(a) "Basic materials" means raw materials, including, but
79	not limited to, unmachined steel and unshaped wood, used in the
80	creation and manufacture of firearms, firearm accessories, or
81	ammunition that have manufacturing or consumer product
82	applications other than applications in the manufacture of
83	firearms, firearm accessories, or ammunition.
84	(b) "Borders of Florida" means the boundaries of Florida
85	as described in s. 1, Art. II of the Florida Constitution.
86	(c) "Firearm accessories" means items that are used in
87	conjunction with or mounted on a firearm but are not essential
88	to the basic function of a firearm, including, but not limited
89	to, telescopic or laser sights, magazines, flash or sound
90	suppressors, folding or aftermarket stocks and grips, speed-
91	loaders, ammunition carriers, and lights for target
92	illumination.
93	(d) "Generic and insignificant parts" includes, but is not
94	limited to, springs, screws, nuts, and pins that may be used in
95	the manufacture of firearms, firearm accessories, or ammunition
96	but that have manufacturing or consumer product applications
97	other than applications in the manufacture of firearms, firearm
98	accessories, or ammunition.
99	(e) "Manufactured" means the creation of a firearm, a
100	firearm accessory, or ammunition from basic materials for
101	functional usefulness, including, but not limited to, forging,
102	casting, machining, or any other processes used to form
103	materials used in the creation of firearms, firearm accessories,
104	or ammunition.
105	(4) FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR
106	PERSONAL USE MANUFACTURED AND REMAINING IN FLORIDA NOT SUBJECT
107	TO FEDERAL LAW OR REGULATION; LEGISLATIVE FINDINGS.--
108	(a)1. It is the finding of the Legislature that a firearm,
109	firearm accessory, or ammunition for personal use that is
110	manufactured commercially or privately in Florida from basic
111	materials without the inclusion of any significant parts
112	imported from another state and that remains within the borders
113	of Florida is not considered to have traveled in interstate
114	commerce.
115	2. A firearm, firearm accessory, or ammunition that:
116	a. Is for personal use;
117	b. Is manufactured commercially or privately in Florida
118	from basic materials without the inclusion of any significant
119	parts imported from another state;
120	c. With respect to a firearm, has the words "Made in
121	Florida" clearly stamped on a central metallic part of the
122	firearm, such as the receiver or frame; and
123	d. Remains within the borders of Florida
124
125	is not subject to federal law or federal regulation, including
126	registration, under the authority of Congress to regulate
127	interstate commerce.
128	(b)1. It is the finding of the Legislature that generic
129	and insignificant parts that may be used in the manufacture of
130	firearms, firearm accessories, or ammunition but that have
131	manufacturing or consumer product applications other than
132	applications in the manufacture of firearms, firearm
133	accessories, or ammunition are not considered to be firearms,
134	firearm accessories, or ammunition.
135	2. The importation into the state of generic and
136	insignificant parts that may be used in the manufacture of
137	firearms, firearm accessories, or ammunition but that have
138	manufacturing or consumer product applications other than
139	applications in the manufacture of firearms, firearm
140	accessories, or ammunition, and the incorporation of such parts
141	into a firearm, firearm accessory, or ammunition manufactured in
142	the state, does not subject the firearm, firearm accessory, or
143	ammunition to federal regulation.
144	(c)1. It is the finding of the Legislature that basic
145	materials, such as unmachined steel and unshaped wood, that may
146	be used in the manufacture of firearms, firearm accessories, or
147	ammunition but that have manufacturing or consumer product
148	applications other than applications in the manufacture of
149	firearms, firearm accessories, or ammunition are not considered
150	to be firearms, firearm accessories, or ammunition.
151	2. Basic materials, such as unmachined steel and unshaped
152	wood, that may be used in the manufacture of firearms, firearm
153	accessories, or ammunition but that have manufacturing or
154	consumer product applications other than applications in the
155	manufacture of firearms, firearm accessories, or ammunition are
156	not subject to congressional authority to regulate firearms,
157	firearm accessories, or ammunition under interstate commerce as
158	if such basic materials were actually firearms, firearm
159	accessories, or ammunition.
160	3. The authority of Congress to regulate interstate
161	commerce in basic materials does not include the authority to
162	regulate firearms, firearm accessories, and ammunition
163	manufactured in the state from basic materials and that remain
164	within the state.
165	(d) Firearm accessories that are imported into the state
166	from another state and that are subject to federal regulation as
167	being in interstate commerce do not subject a firearm to federal
168	regulation under interstate commerce by virtue of being attached
169	to or used in conjunction with a firearm in Florida.
170	(5) EXCEPTIONS.--This section does not apply to:
171	(a) A firearm that cannot be carried and used by one
172	person.
173	(b) A firearm that has a bore diameter greater than 1 1/2
174	inches and that uses smokeless powder, rather than black powder,
175	as a propellant.
176	(c) Ammunition with a projectile that explodes using an
177	explosion of chemical energy after the projectile leaves the
178	firearm.
179	(d) A firearm that discharges two or more projectiles with
180	one activation of the trigger or other firing device.
181	(6) APPLICABILITY.--This section applies to firearms,
182	firearm accessories, and ammunition described in subparagraph
183	(4)(a)2. that are manufactured in Florida after October 1, 2010,
184	and remain within the state.
185	(7) FIREARMS MANUFACTURED IN FLORIDA; INDICIA OF
186	MANUFACTURE REQUIRED.--Effective October 1, 2010, a firearm
187	manufactured and sold in this state must have the indicia "Made
188	in Florida" clearly stamped on a central metallic part of the
189	firearm, such as the receiver or frame.
190	Section 2. This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.