Bill Text: FL S0518 | 2024 | Regular Session | Introduced
Bill Title: Weapons and Firearms
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-08 - Died in Criminal Justice [S0518 Detail]
Download: Florida-2024-S0518-Introduced.html
Florida Senate - 2024 SB 518
By Senator Polsky
30-00692-24 2024518__
1 A bill to be entitled
2 An act relating to weapons and firearms; providing a
3 short title; creating s. 790.0653, F.S.; providing
4 definitions; requiring background checks on all
5 persons involved in a firearm sale or other transfer;
6 requiring firearm sales or other transfers between
7 unlicensed persons to be conducted through, and
8 processed by, a licensed dealer; specifying
9 requirements for firearm sales or transfers through
10 licensed dealers; authorizing a fee; providing
11 exceptions; providing criminal penalties; requiring
12 the investigating law enforcement agency to report
13 certain violations to the Attorney General; providing
14 applicability; amending s. 790.174, F.S.; revising
15 requirements for the safe storage of firearms;
16 revising criminal penalties for violations; providing
17 exceptions; providing and revising definitions;
18 amending s. 790.175, F.S.; prohibiting licensed
19 dealers from selling firearms without trigger locks or
20 gun cases; providing exceptions; revising required
21 written warnings to be delivered by licensed dealers
22 to purchasers or transferees upon retail commercial
23 sales or retail transfers of firearms; requiring
24 certain written materials to be delivered to gun
25 purchasers; providing applicability; requiring
26 licensed dealers and purchasers to sign a specified
27 statement; providing record retention requirements for
28 licensed dealers; providing construction; providing
29 criminal penalties; defining the term “licensed
30 dealer”; creating s. 790.223, F.S.; providing
31 definitions; prohibiting certain actions leading to
32 the manufacture or assembly, sale, or transfer of a
33 firearm not imprinted with a valid serial number;
34 prohibiting specified acts involving unfinished
35 firearm frames or receivers; prohibiting specified
36 acts involving undetectable firearms; prohibiting
37 certain activities involving a three-dimensional
38 printer or computer numerical control milling machine
39 that has the primary or intended function of
40 manufacturing or assembling firearms or related items;
41 providing an exception; providing criminal penalties;
42 providing applicability; providing construction;
43 defining the term “licensed dealer”; providing an
44 effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. This act may be cited as the “Responsible Gun
49 Ownership Act.”
50 Section 2. Section 790.0653, Florida Statutes, is created
51 to read:
52 790.0653 Transfers of firearms; transfer through licensed
53 dealer required.—
54 (1) As used in this section, the term:
55 (a) “Background check” means the process described in 18
56 U.S.C. s. 922(t) and s. 790.065 of using the National Instant
57 Criminal Background Check System and other systems to determine
58 that a person is not prohibited from possessing or receiving a
59 firearm under federal or state law.
60 (b) “Family member” means a spouse or any of the following
61 relations, whether by consanguinity, adoption, or step-relation:
62 1. Parent;
63 2. Child;
64 3. Sibling;
65 4. Grandparent; or
66 5. Grandchild.
67 (c) “Firearm” has the same meaning as in s. 790.001 and
68 includes any handgun, rifle, or shotgun or any completed or
69 unfinished frame or receiver.
70 (d) “Licensed dealer” means a person who holds a federal
71 firearms license issued pursuant to 18 U.S.C. s. 923(a).
72 (e) “Person” means any individual, corporation, trust,
73 company, firm, partnership, association, club, organization,
74 society, joint stock company, or other legal entity.
75 (f) “Purchaser or other transferee” means an unlicensed
76 person who wishes or intends to receive a firearm from another
77 unlicensed person.
78 (g) “Sale” means the sale, delivery, or passing of
79 ownership or control of a firearm for a fee or other
80 consideration.
81 (h) “Seller or other transferor” means an unlicensed person
82 who wishes or intends to transfer a firearm to another
83 unlicensed person.
84 (i) “Transfer” means to furnish, give, lend, deliver, or
85 otherwise provide, with or without consideration.
86 (j) “Unfinished frame or receiver” means a forging,
87 casting, printing, extrusion, machined body, or similar item
88 that is:
89 1. Designed to or may readily be completed, assembled, or
90 otherwise converted to function as a frame or receiver; or
91 2. Marketed or sold to the public to become or be used as
92 the frame or receiver of a functional firearm, rifle, or shotgun
93 once completed, assembled, or otherwise converted.
94
95 However, the term does not include a component designed and
96 intended for use in an antique weapon.
97 (k) “Unlicensed person” means a person who is not a
98 licensed dealer.
99 (2) All persons involved in a firearm sale or other
100 transfer, in whole or in part, shall be subject to a background
101 check unless specifically exempted by state or federal law. If
102 the person involved in the firearm sale or other transfer, in
103 whole or in part, is a corporation or any entity other than an
104 individual person, the principal individual or individuals
105 involved in such sale or other transfer on behalf of the
106 corporation or other entity shall be subject to background
107 checks unless specifically exempted by federal law. A person may
108 not sell or otherwise transfer a firearm unless:
109 (a) The person is a licensed dealer;
110 (b) The purchaser or other transferee is a licensed dealer;
111 or
112 (c) The requirements of subsection (3) are met.
113 (3) If neither party to a prospective firearm sale or other
114 transfer is a licensed dealer, the parties to the transaction
115 shall complete the sale or other transfer through a licensed
116 dealer as follows:
117 (a) The seller or other transferor and the purchaser or
118 other transferee shall appear jointly with the firearm at a
119 licensed dealer and request that the licensed dealer conduct a
120 background check on the purchaser or other transferee.
121 (b) A licensed dealer who agrees to conduct a background
122 check pursuant to this section shall process the sale or other
123 transfer as if he or she were transferring the firearm from the
124 licensed dealer’s own inventory to the purchaser or other
125 transferee, complying with all requirements of federal and state
126 law which would apply if he or she were the seller or other
127 transferor of the firearm, including all background checks and
128 recordkeeping requirements.
129 (c) The seller or other transferor and the purchaser or
130 other transferee shall each complete, sign, and submit all state
131 and federal forms necessary to process the background check and
132 otherwise complete the sale or other transfer pursuant to this
133 section, and the licensed dealer shall indicate on the forms
134 that the sale or other transfer is between unlicensed persons.
135 (d) This section does not prevent the seller or other
136 transferor from removing the firearm from the premises of the
137 licensed dealer while the background check is being conducted or
138 during the applicable waiting period, provided that the seller
139 or other transferor returns to the business premises of the
140 licensed dealer and delivers the firearm to the licensed dealer
141 before completion of the sale or other transfer.
142 (e) A licensed dealer or a seller or other transferor may
143 not sell or otherwise transfer a firearm to a purchaser or other
144 transferee if the results of the background check indicate that
145 the purchaser or other transferee is prohibited from possessing
146 or receiving a firearm under federal or state law.
147 (f) A licensed dealer who agrees to conduct a background
148 check pursuant to this section may charge a reasonable fee not
149 to exceed the administrative costs incurred by the licensed
150 dealer for conducting the sale or other transfer of the firearm,
151 plus applicable fees pursuant to federal and state law.
152 (4) Subsections (2) and (3) do not apply to the following:
153 (a) A law enforcement officer or a correctional officer, as
154 defined in s. 943.10(1) and (2), respectively, vested with the
155 authority to bear arms, acting within the course and scope of
156 his or her employment or official duties.
157 (b) A United States Marshals Service officer, United States
158 Armed Forces or National Guard member, or federal official
159 vested with the authority to bear arms, acting within the course
160 and scope of his or her employment or official duties.
161 (c) A gunsmith who receives a firearm solely for the
162 purposes of service or repair and who returns the firearm to its
163 lawful owner.
164 (d) A common carrier, warehouseman, or other person engaged
165 in the business of transportation or storage, to the extent that
166 the receipt of any firearm is in the ordinary course of business
167 and not for the personal use of any such person.
168 (e) A person who is not prohibited from possessing or
169 receiving a firearm under state or federal law and who has
170 temporarily been transferred a firearm by its lawful owner:
171 1. Solely for the purpose of the person shooting at
172 targets, if the transfer occurs on the premises of a sport
173 shooting range authorized by the governing body of the
174 jurisdiction in which the range is located, or, if no such
175 authorization is required, operated consistently with local law
176 in such jurisdiction, and the firearm is at all times kept
177 within the premises of the sport shooting range;
178 2. While the person is accompanying the lawful owner of the
179 firearm and using the firearm for lawful hunting purposes, if
180 hunting is legal in all places where the person possesses the
181 firearm and the person holds all licenses and permits required
182 for such hunting;
183 3. While the person is participating in a lawfully
184 organized competition involving the use of a firearm; or
185 4. While the person is in the presence of the seller or
186 other transferor.
187 (f) A family member of the seller or other transferor. This
188 paragraph does not apply if the lawful owner or family member
189 knows or has reasonable cause to believe that federal or state
190 law prohibits the family member from purchasing or possessing a
191 firearm, or the seller or other transferor knows or has
192 reasonable cause to believe that the family member is likely to
193 use the firearm for unlawful purposes.
194 (g) An executor, administrator, trustee, or personal
195 representative of an estate or trust that occurs by operation of
196 law upon the death of the former lawful owner of the firearm.
197 (h) The temporary transfer of a firearm if such transfer is
198 to prevent immediate or imminent death or great bodily harm to
199 one’s self or others, provided that the person to whom the
200 firearm is transferred is not prohibited from possessing a
201 firearm under state or federal law and the temporary transfer
202 lasts no longer than is necessary to prevent the immediate or
203 imminent death or great bodily harm.
204 (i) The sale or other transfer of an antique firearm.
205 (5) A person who violates this section commits a felony of
206 the third degree, punishable as provided in s. 775.082, s.
207 775.083, or s. 775.084.
208 (6) In addition to any other penalty or remedy, the
209 investigating law enforcement agency shall report any violation
210 of this section committed by a licensed dealer to the Attorney
211 General.
212 (7) This section does not apply to any firearm modified to
213 render it permanently inoperable.
214 Section 3. Section 790.174, Florida Statutes, is amended to
215 read:
216 790.174 Safe storage of firearms required.—
217 (1)(a) A person who stores or leaves, on a premise under
218 his or her control, a loaded firearm, as defined in s. 790.001,
219 and who knows or reasonably should know that a minor is likely
220 to gain access to the firearm without the lawful permission of
221 the minor’s parent or the person having charge of the minor, or
222 without the supervision required by law, shall keep the firearm
223 in a securely locked box or container or in a location which a
224 reasonable person would believe to be secure or shall secure it
225 with a trigger lock, except when the person is carrying the
226 firearm on his or her body or within such close proximity
227 thereto that he or she can retrieve and use the firearm it as
228 easily and quickly as if he or she carried it on his or her
229 body.
230 (b) A person who stores or leaves, on a premise under his
231 or her control, a firearm, as defined in s. 790.001, and who
232 knows or reasonably should know that a prohibited user is likely
233 to gain access to the firearm, shall keep the firearm in a
234 securely locked box or container or shall secure it with a
235 trigger lock, except when the person is carrying the firearm on
236 his or her body or within such close proximity thereto that he
237 or she can retrieve and use the firearm as easily and quickly as
238 if he or she carried it on his or her body. For the purposes of
239 this section, the term “prohibited user” means any person who is
240 prohibited by state or federal law from possessing the firearm.
241 (2) Except as provided in paragraphs (a) and (b), It is a
242 misdemeanor of the second degree, punishable as provided in s.
243 775.082 or s. 775.083, if a person who violates subsection (1)
244 commits a misdemeanor of the second degree, punishable as
245 provided in s. 775.082 or s. 775.083.
246 (a) If, as a result of the violation of subsection (1), by
247 failing to store or leave a firearm in the required manner and
248 as a result thereof a prohibited user or a minor gains access to
249 the firearm, without the lawful permission of the minor’s parent
250 or the person having charge of the minor, and possesses or
251 exhibits it, without the supervision required by law:
252 1.(a) In a public place; or
253 2.(b) In a rude, careless, angry, or threatening manner in
254 violation of s. 790.10,
255
256 The person who violates subsection (1) commits a misdemeanor of
257 the first degree, punishable as provided in s. 775.082 or s.
258 775.083.
259 (b) This subsection does not apply under any of the
260 following circumstances if the prohibited user or the minor
261 obtains the firearm:
262 1. If the minor obtains the firearm As a result of an
263 unlawful entry by any person.
264 2. While lawfully acting in self-defense or defense of
265 another.
266 3. With the permission of the minor’s parent or guardian
267 and the minor uses or possesses the firearm during the minor’s
268 employment; ranching or farming; or target practice, hunting, or
269 instruction in the safe use of a firearm.
270 (3) As used in this section act, the term:
271 (a) “Locked box or container” means a secure container that
272 is fully enclosed and locked by a padlock, key lock, combination
273 lock, or similar locking device.
274 (b) “Locking device” means a trigger lock, cable lock, or
275 similar lock that prevents a firearm from discharging when the
276 locking device is properly engaged so as to render such weapon
277 inoperable by any person other than the owner or other lawfully
278 authorized user.
279 (c) “Minor” means any person under the age of 18 16.
280 Section 4. Section 790.175, Florida Statutes, is amended to
281 read:
282 790.175 Transfer or sale of firearms; required warnings;
283 penalties.—
284 (1) Except as provided in subsection (2), a licensed dealer
285 may not sell a firearm in this state unless the sale includes
286 one of the following:
287 (a) A commercially available trigger lock or other device
288 designed to disable the firearm and prevent the discharge of the
289 firearm.
290 (b) A commercially available gun case or storage container
291 that can be secured to prevent unauthorized access to the
292 firearm.
293 (2)(1) Upon the retail commercial sale or retail transfer
294 of any firearm, the licensed dealer seller or transferor shall
295 deliver:
296 (a) A written warning to the purchaser or transferee, which
297 warning states, in block letters not less than 1/4 inch in
298 height:
299 “IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR
300 ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE
301 REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
302 KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF
303 A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND. YOU MAY BE
304 CRIMINALLY AND CIVILLY LIABLE FOR ANY HARM CAUSED BY A MINOR OR
305 PERSON OF UNSOUND MIND WHO LAWFULLY GAINS UNSUPERVISED ACCESS TO
306 YOUR FIREARM IF THE FIREARM IS UNLAWFULLY STORED.”
307 (b) A brochure or pamphlet that includes safety information
308 on the use and storage of the firearm in a home environment.
309 (c) A written warning informing the purchaser of the
310 penalties for failing to store or leave a firearm in the manner
311 required under s. 790.174.
312 (3)(2) Any licensed dealer retail or wholesale store, shop,
313 or sales outlet which sells firearms must conspicuously post at
314 each purchase counter the following warning in block letters not
315 less than 1 inch in height:
316 “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN
317 THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
318 KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF
319 A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”
320 (4) This section does not apply to any of the following:
321 (a) The sale of a firearm to a law enforcement officer, as
322 defined in s. 943.10(1), or an employing agency, as defined in
323 s. 943.10(4).
324 (b) The sale of a firearm to a person who presents to the
325 licensed dealer one of the following:
326 1. A trigger lock or other device designed to disable the
327 firearm and prevent the discharge of the firearm, together with
328 a copy of the purchase receipt for the licensed dealer to keep.
329 A separate trigger lock or device and a separate purchase
330 receipt shall be required for each firearm purchased.
331 2. A gun case or storage container that can be secured to
332 prevent unauthorized access to the firearm, together with a copy
333 of the purchase receipt for the licensed dealer to keep. A
334 separate gun case or storage container and a separate purchase
335 receipt shall be required for each firearm purchased.
336 (c) The sale of an antique firearm.
337 (5) Upon the sale of a firearm, the licensed dealer and the
338 purchaser shall both sign a statement that the sale is in
339 compliance with subsections (1), (2), and (4). The dealer shall
340 retain a copy of the signed statements and, if applicable, a
341 copy of the receipt prescribed in paragraph (4)(b) for at least
342 6 years.
343 (6)(a) This section does not create a civil action or
344 liability for damages arising from the use or misuse of a
345 firearm or ammunition for a person, other than a licensed
346 dealer, who produces a firearm or ammunition.
347 (b) A licensed dealer is not liable for damages arising
348 from the use or misuse of a firearm if the sale complies with
349 this section, any other applicable law of this state, and
350 applicable federal law.
351 (7)(3) Any person or business knowingly violating a
352 requirement to provide warning under this section commits:
353 (a) For a first violation, a misdemeanor of the second
354 degree, punishable as provided in s. 775.082 or s. 775.083.
355 (b) For a second violation, a misdemeanor of the first
356 degree, punishable as provided in s. 775.082 or s. 775.083.
357 (c) For a third or subsequent violation, a felony of the
358 third degree, punishable as provided in s. 775.082, s. 775.083,
359 or s. 775.084.
360 (8) As used in this section, the term “licensed dealer”
361 means a person who holds a license as a dealer in firearms
362 issued pursuant to 18 U.S.C. s. 923(a).
363 Section 5. Section 790.223, Florida Statutes, is created to
364 read:
365 790.223 Unfinished firearms.—
366 (1) As used in this section, the term:
367 (a) “Federal licensee authorized to serialize firearms”
368 means a person, firm, corporation, or other entity that holds
369 any valid federal license that authorizes the person, firm,
370 corporation, or other entity to imprint serial numbers onto
371 firearms and completed or unfinished frames or receivers
372 pursuant to chapter 44 of Title 18 of the United States Code, 18
373 U.S.C. ss. 921 et seq., and regulations issued pursuant thereto.
374 (b) “Federally licensed gunsmith, manufacturer, or
375 importer” means a person, firm, corporation, or other entity
376 that holds a valid gunsmith license, or license to manufacture
377 or import firearms issued pursuant to chapter 44 of Title 18 of
378 the United States Code, 18 U.S.C. ss. 921 et seq., and
379 regulations issued pursuant thereto.
380 (c) “Firearms importer or manufacturer” means a person
381 licensed to import or manufacture firearms pursuant to chapter
382 44 of Title 18 of the United States Code, 18 U.S.C. ss. 921 et
383 seq.
384 (d) “Frame” has the meaning attributed to it in chapter 44
385 of Title 18 of the United States Code, 18 U.S.C. ss. 921 et
386 seq., and regulations issued pursuant thereto.
387 (e) “Law enforcement agency” has the same meaning as in s.
388 23.1225(1)(d).
389 (f) “License to manufacture firearms” means a valid license
390 to manufacture firearms issued pursuant to chapter 44 of Title
391 18 of the United States Code, 18 U.S.C. ss. 921 et seq., and
392 regulations issued pursuant thereto.
393 (g) “Manufacture or assemble” means to fabricate,
394 construct, make, or fit together component parts of, or
395 otherwise produce, a firearm or completed or unfinished frame or
396 receiver, including through additive, subtractive, or other
397 processes to form, produce, or construct by manual labor or
398 machinery.
399 (h) “Receiver” has the meaning attributed to it in chapter
400 44 of Title 18 of the United States Code, 18 U.S.C. ss. 921 et
401 seq., and regulations issued pursuant thereto.
402 (i) “Security exemplar” has the meaning attributed to it in
403 chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss.
404 921 et seq., and regulations issued pursuant thereto.
405 (j) “Undetectable firearm” means a firearm manufactured,
406 assembled, or otherwise consisting entirely of nonmetal
407 substances, if any of the following is true:
408 1. After the removal of grips, stocks, and magazines, the
409 firearm is not detectable as a security exemplar by a walk
410 through metal detector calibrated to detect the security
411 exemplar; or
412 2. The firearm includes a major component that, if
413 subjected to inspection by the type of X-ray machines commonly
414 used at airports, would not generate an image that accurately
415 depicts the shape of the component.
416
417 As used in this paragraph, the term “major component” has the
418 meaning attributed to it in 18 U.S.C. s. 922.
419 (k) “Unfinished frame or receiver” has the same meaning as
420 in s. 790.0653.
421 (l) “Valid serial number” means a serial number that has
422 been imprinted by a federal licensee authorized to serialize
423 firearms in accordance with federal law, or that has otherwise
424 been assigned to a firearm or completed or unfinished frame or
425 receiver pursuant to the laws of any state or pursuant to
426 chapter 53 of Title 26 of the United States Code, 26 U.S.C. ss.
427 5801 et seq., and the regulations issued pursuant thereto.
428 (2) It is unlawful to knowingly manufacture or assemble,
429 cause to be manufactured or assembled, import, purchase, sell,
430 offer for sale, or transfer ownership of any firearm that is not
431 imprinted with a valid serial number.
432 (3) It is unlawful to knowingly import, purchase, sell,
433 offer for sale, or transfer ownership of any completed or
434 unfinished frame or receiver, unless the completed or unfinished
435 frame or receiver:
436 (a) Is deemed to be a firearm pursuant to chapter 44 of
437 Title 18 of the United States Code, 18 U.S.C. ss. 921 et seq.,
438 and regulations issued pursuant thereto; and
439 (b) Is imprinted with a valid serial number.
440 (4) Beginning January 1, 2025, it is unlawful to knowingly
441 possess a firearm or any completed or unfinished frame or
442 receiver that is not imprinted with a valid serial number.
443 (5) A person may not knowingly manufacture or assemble or
444 cause to be manufactured or assembled, import, sell, offer for
445 sale, transfer, or possess any undetectable firearm.
446 (6) It is unlawful to use a three-dimensional printer or
447 computer numerical control (CNC) milling machine to manufacture
448 or assemble any firearm or completed or unfinished frame or
449 receiver within this state without a valid license to
450 manufacture firearms.
451 (7) It is unlawful to sell, offer to sell, transfer,
452 purchase, or receive a three-dimensional printer or CNC milling
453 machine that has the primary or intended function of
454 manufacturing or assembling firearms or completed or unfinished
455 frames or receivers, if the recipient does not have a valid
456 license to manufacture firearms. There shall be a presumption
457 that a three-dimensional printer or CNC milling machine has the
458 primary or intended function of manufacturing or assembling
459 firearms or completed or unfinished frames or receivers, if the
460 printer or machine is marketed or sold in a manner that
461 advertises that it may be used to manufacture or assemble
462 firearms or completed or unfinished frames or receivers, or in a
463 manner that foreseeably promotes the printer’s or machine’s use
464 in manufacturing or assembling such weapons, regardless of
465 whether the printer or machine is otherwise described or
466 classified as having other functions or as a general-purpose
467 printer or machine.
468 (8) Except by operation of law, it is unlawful for a person
469 who does not have a valid license to manufacture or assemble
470 firearms to sell or transfer ownership of a firearm if:
471 (a) The person manufactured or assembled the firearm
472 without a valid license to manufacture firearms;
473 (b) The person knowingly caused the firearm to be
474 manufactured or assembled by another person who does not have a
475 valid license to manufacture firearms; or
476 (c) The person is aware that the firearm was manufactured
477 or assembled by another person who does not have a valid license
478 to manufacture firearms.
479 (9) A person who violates this section commits:
480 (a) For the first offense, a misdemeanor of the first
481 degree, punishable as provided in s. 775.082 or s. 775.083.
482 (b) For a second or subsequent offense, a felony of the
483 third degree, punishable as provided in s. 775.082, s. 775.083,
484 or s. 775.084.
485 (10) This section does not apply to any of the following:
486 (a) A firearm or any completed or unfinished frame or
487 receiver that is an antique firearm, as defined in 27 C.F.R. s.
488 479.11, or that has been rendered permanently inoperable.
489 (b) The sale, offer for sale, or transfer of ownership of a
490 firearm or any completed or unfinished frame or receiver to a
491 law enforcement agency.
492 (c) The manufacture or assembly, importation, purchase,
493 transfer, or possession of a firearm or any completed or
494 unfinished frame or receiver by a law enforcement agency for law
495 enforcement purposes.
496 (d) The sale or transfer of ownership of a firearm or any
497 completed or unfinished frame or receiver to a federally
498 licensed gunsmith, manufacturer, or importer, or to any other
499 federal licensee authorized to serialize firearms.
500 (e) The manufacture or assembly, importation, purchase, or
501 possession of a firearm or any completed or unfinished frame or
502 receiver by a federally licensed gunsmith, manufacturer, or
503 importer, or by any other federal licensee authorized to
504 serialize firearms.
505 (f) A member of the United States Armed Forces or the
506 National Guard, while on duty and acting within the scope and
507 course of employment, or any employee of a law enforcement
508 agency or forensic laboratory.
509 (g) A common carrier, motor carrier, air carrier, or
510 carrier affiliated with an air carrier through common
511 controlling interest which is subject to Title 49 of the United
512 States Code, or an authorized agent of any such carrier, when
513 acting in the course and scope of duties incident to the
514 receipt, processing, transportation, or delivery of property.
515 (h) An authorized representative of a local, state, or
516 federal government that receives a firearm or any completed or
517 unfinished frame or receiver as part of an authorized, voluntary
518 buyback program in which the governmental entity is buying or
519 receiving weapons from private individuals.
520 (i) The possession and disposition of a firearm or any
521 completed or unfinished frame or receiver by a person who meets
522 all of the following criteria:
523 1. The person is not prohibited by state or federal law
524 from possessing the weapon.
525 2. The person possessed the firearm or any completed or
526 unfinished frame or receiver no longer than was necessary to
527 deliver it to a law enforcement agency for that agency’s
528 disposition according to law.
529 3. If the person is transporting the firearm or any
530 completed or unfinished frame or receiver, the person is
531 transporting it to a law enforcement agency in order to deliver
532 it to the agency for that agency’s disposition according to law.
533 (j) The possession or importation of a firearm or any
534 completed or unfinished frame or receiver by a nonresident of
535 this state who:
536 1. Is traveling with the firearm or completed or unfinished
537 frame or receiver in this state in accordance with 18 U.S.C. s.
538 926A; or
539 2. Possesses or imports the firearm or completed or
540 unfinished frame or receiver in this state exclusively for use
541 in an organized sport shooting event or competition, and no
542 longer than is reasonably necessary to participate in such an
543 event or competition.
544 (k) The possession or importation of a firearm or any
545 completed or unfinished frame or receiver by a new resident
546 moving into this state who, within 90 days after moving into
547 this state, causes the firearm or completed or unfinished frame
548 or receiver to be imprinted with a valid serial number, removes
549 the weapon from this state, or otherwise complies with this
550 section.
551 Section 6. This act does not prohibit the sale of an
552 unfinished frame or receiver or firearm that is not imprinted
553 with a serial number to a firearms importer or manufacturer or a
554 licensed dealer before January 1, 2025. As used in this section,
555 the term “licensed dealer” means a person who holds a license as
556 a dealer in firearms issued pursuant to 18 U.S.C. s. 923(a).
557 Section 7. This act shall take effect October 1, 2024.
