Bill Text: FL S0098 | 2010 | Regular Session | Introduced

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Bill Title: Regulation of Firearms [SPSC]

Spectrum: Partisan Bill (Republican 12-0)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S0098 Detail]

Download: Florida-2010-S0098-Introduced.html

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Florida Senate - 2010                                      SB 98 
 
By Senator Baker 
20-00091A-10                                            201098__ 
1                        A bill to be entitled 
2         An act relating to the regulation of firearms; 
3         creating s. 790.34, F.S.; creating the Florida 
4         Firearms Freedom Act; providing a short title; 
5         providing legislative findings; providing definitions; 
6         providing that specified firearms, firearm 
7         accessories, and ammunition for personal use 
8         manufactured in the state are not subject to federal 
9         law or regulation; providing that the importation into 
10         the state of specified parts and the incorporation of 
11         such parts into a firearm, firearm accessory, or 
12         ammunition manufactured in the state does not subject 
13         the firearm, firearm accessory, or ammunition to 
14         federal regulation; providing that certain basic 
15         materials are not subject to federal regulation of 
16         firearms, firearm accessories, or ammunition under 
17         interstate commerce; providing that specified firearm 
18         accessories imported into the state from another state 
19         do not subject a firearm to federal regulation under 
20         interstate commerce; providing legislative findings 
21         with respect thereto; providing exceptions; providing 
22         applicability; requiring that firearms manufactured 
23         and sold in the state bear an indicia of manufacture 
24         by a specified date; providing an effective date. 
25 
26  Be It Enacted by the Legislature of the State of Florida: 
27 
28         Section 1. Section 790.34, Florida Statutes, is created to 
29  read: 
30         790.34 Florida Firearms Freedom Act.— 
31         (1) SHORT TITLE.—This section may be cited as the “Florida 
32  Firearms Freedom Act.” 
33         (2) LEGISLATIVE FINDINGS.— 
34         (a) The Tenth Amendment to the United States Constitution 
35  guarantees to the states and their citizens all powers not 
36  granted to the Federal Government elsewhere in the constitution 
37  and reserves to the State of Florida and its citizens certain 
38  powers as they were understood at the time that Florida was 
39  admitted to statehood in 1845. The guaranty of those powers is a 
40  matter of contract between the State of Florida and the citizens 
41  thereof and the United States as of the time that the compact 
42  with the United States was agreed upon and adopted by Florida 
43  and the United States in 1845. 
44         (b) The Ninth Amendment to the United States Constitution 
45  guarantees to the people rights not enumerated in the 
46  constitution and reserves to the State of Florida and its 
47  citizens certain rights as they were understood at the time that 
48  Florida was admitted to statehood in 1845. The guaranty of those 
49  powers is a matter of contract between the State of Florida and 
50  the citizens thereof and the United States as of the time that 
51  the compact with the United States was agreed upon and adopted 
52  by Florida and the 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 State Constitution clearly 
69  secures to the citizens of Florida, and prohibits government 
70  interference with, the right of individual Florida citizens to 
71  keep and bear arms. This constitutional protection remains 
72  unchanged from the original Florida Constitution, which was 
73  approved by Congress and the people of Florida, and the right 
74  exists as it was understood at the time that the compact with 
75  the United States was agreed upon and adopted by Florida and the 
76  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 as 
85  described in s. 1, Art. II of the State 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 suppressors, 
90  folding or aftermarket stocks and grips, speed-loaders, 
91  ammunition carriers, and lights for target illumination. 
92         (d) “Generic and insignificant parts” includes, but is not 
93  limited to, springs, screws, nuts, and pins that may be used in 
94  the manufacture of firearms, firearm accessories, or ammunition 
95  but that have manufacturing or consumer product applications 
96  other than applications in the manufacture of firearms, firearm 
97  accessories, or ammunition. 
98         (e) “Manufactured” means the creation of a firearm, a 
99  firearm accessory, or ammunition from basic materials for 
100  functional usefulness, including, but not limited to, forging, 
101  casting, machining, or any other processes used to form 
102  materials used in the creation of firearms, firearm accessories, 
103  or ammunition. 
104         (4) FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR 
105  PERSONAL USE MANUFACTURED AND REMAINING IN FLORIDA NOT SUBJECT 
106  TO FEDERAL LAW OR REGULATION; LEGISLATIVE FINDINGS.— 
107         (a)1. It is the finding of the Legislature that a firearm, 
108  firearm accessory, or ammunition for personal use that is 
109  manufactured commercially or privately in Florida from basic 
110  materials without the inclusion of any significant parts 
111  imported from another state and that remains within the borders 
112  of Florida is not considered to have traveled in interstate 
113  commerce. 
114         2. A firearm, firearm accessory, or ammunition that: 
115         a. Is for personal use; 
116         b. Is manufactured commercially or privately in Florida 
117  from basic materials without the inclusion of any significant 
118  parts imported from another state; 
119         c. With respect to a firearm, has the words “Made in 
120  Florida” clearly stamped on a central metallic part of the 
121  firearm, such as the receiver or frame; and 
122         d. Remains within the borders of Florida 
123 
124  is not subject to federal law or federal regulation, including 
125  registration, under the authority of Congress to regulate 
126  interstate commerce. 
127         (b)1. It is the finding of the Legislature that generic and 
128  insignificant parts that may be used in the manufacture of 
129  firearms, firearm accessories, or ammunition but that have 
130  manufacturing or consumer product applications other than 
131  applications in the manufacture of firearms, firearm 
132  accessories, or ammunition are not considered to be firearms, 
133  firearm accessories, or ammunition. 
134         2. The importation into the state of generic and 
135  insignificant parts that may be used in the manufacture of 
136  firearms, firearm accessories, or ammunition but that have 
137  manufacturing or consumer product applications other than 
138  applications in the manufacture of firearms, firearm 
139  accessories, or ammunition, and the incorporation of such parts 
140  into a firearm, firearm accessory, or ammunition manufactured in 
141  the state, does not subject the firearm, firearm accessory, or 
142  ammunition to federal regulation. 
143         (c)1. It is the finding of the Legislature that basic 
144  materials, such as unmachined steel and unshaped wood, that may 
145  be used in the manufacture of firearms, firearm accessories, or 
146  ammunition but that have manufacturing or consumer product 
147  applications other than applications in the manufacture of 
148  firearms, firearm accessories, or ammunition are not considered 
149  to be firearms, firearm accessories, or ammunition. 
150         2. Basic materials, such as unmachined steel and unshaped 
151  wood, that may be used in the manufacture of firearms, firearm 
152  accessories, or ammunition but that have manufacturing or 
153  consumer product applications other than applications in the 
154  manufacture of firearms, firearm accessories, or ammunition are 
155  not subject to congressional authority to regulate firearms, 
156  firearm accessories, or ammunition under interstate commerce as 
157  if such basic materials were actually firearms, firearm 
158  accessories, or ammunition. 
159         3. The authority of Congress to regulate interstate 
160  commerce in basic materials does not include the authority to 
161  regulate firearms, firearm accessories, and ammunition that are 
162  manufactured in the state from basic materials and that remain 
163  within the state. 
164         (d) Firearm accessories that are imported into the state 
165  from another state and that are subject to federal regulation as 
166  being in interstate commerce do not subject a firearm to federal 
167  regulation under interstate commerce by virtue of being attached 
168  to or used in conjunction with a firearm in Florida. 
169         (5) EXCEPTIONS.—This section does not apply to: 
170         (a) A firearm that cannot be carried and used by one 
171  person. 
172         (b) A firearm that has a bore diameter greater than 1 1/2 
173  inches and that uses smokeless powder, rather than black powder, 
174  as a propellant. 
175         (c) Armor-piercing or exploding ammunition or dragon’s 
176  breath shotgun shells, bolo shells, or flechette shells. 
177         (d) A firearm that discharges two or more cartridges or 
178  shotgun shells with one activation of the trigger or other 
179  firing device. 
180         (6) APPLICABILITY.—This section applies to firearms, 
181  firearm accessories, and ammunition described in subparagraph 
182  (4)(a)2. which are manufactured in Florida after October 1, 
183  2010, and remain within the state. 
184         (7) FIREARMS MANUFACTURED IN FLORIDA; INDICIA OF 
185  MANUFACTURE REQUIRED.—Effective October 1, 2010, a firearm 
186  manufactured and sold in this state must have the indicia “Made 
187  in Florida” clearly stamped on a central metallic part of the 
188  firearm, such as the receiver or frame. 
189         Section 2. This act shall take effect October 1, 2010.