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