Bill Text: FL S1208 | 2020 | Regular Session | Introduced
Bill Title: Assault Weapons and Large-capacity Magazines
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S1208 Detail]
Download: Florida-2020-S1208-Introduced.html
Florida Senate - 2020 SB 1208
By Senator Farmer
34-01324-20 20201208__
1 A bill to be entitled
2 An act relating to assault weapons and large-capacity
3 magazines; creating s. 790.301, F.S.; providing
4 definitions; prohibiting the sale or transfer of an
5 assault weapon or large-capacity ammunition magazine;
6 providing exceptions; providing criminal penalties;
7 prohibiting possession of an assault weapon or large
8 capacity magazine; providing exceptions; providing
9 criminal penalties; requiring certificates of
10 possession for assault weapons or large-capacity
11 ammunition magazines lawfully possessed before a
12 specified date; providing requirements for
13 certificates; specifying the form of certificates;
14 limiting transfers of assault weapons or large
15 capacity ammunition magazines represented by such
16 certificates; providing conditions for continued
17 possession of such weapons or large-capacity
18 ammunition magazines; providing requirements for an
19 applicant who fails to qualify for such a certificate;
20 requiring certificates of transfer for transfers of
21 assault weapons or large-capacity magazines; providing
22 requirements for certificates of transfer; requiring
23 the Department of Law Enforcement to maintain a file
24 of such certificates; providing for relinquishment of
25 assault weapons or large-capacity magazines; providing
26 requirements for transportation of assault weapons or
27 large-capacity magazines; providing criminal
28 penalties; specifying circumstances in which the
29 manufacture or transportation of assault weapons or
30 large-capacity magazines is not prohibited; exempting
31 permanently inoperable firearms from provisions;
32 amending s. 775.087, F.S.; providing enhanced criminal
33 penalties for certain offenses when committed with an
34 assault weapon or large-capacity magazine; providing
35 severability; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Section 790.301, Florida Statutes, is created to
40 read:
41 790.301 Assault weapons.—
42 (1) DEFINITIONS.—As used in this section, the term:
43 (a)1. “Assault weapon” means any selective-fire firearm
44 capable of fully automatic, semiautomatic, or burst fire at the
45 option of the user or any of the following specified
46 semiautomatic firearms:
47 a. All AK series, including, but not limited to, the
48 following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
49 NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
50 and Vector Arms AK-47.
51 b. All AR series, including, but not limited to, the
52 following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
53 M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
54 M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
55 AR rifles.
56 c. Algimec AGM1.
57 d. Barrett 82A1 and REC7.
58 e. Beretta AR-70 and Beretta Storm.
59 f. Bushmaster Auto Rifle.
60 g. Calico Liberty series.
61 h. Chartered Industries of Singapore SR-88.
62 i. Colt Sporter.
63 j. Daewoo K-1, K-2, Max-1, and Max-2.
64 k. FAMAS MAS 223.
65 l. Federal XC-900 and SC-450.
66 m. Fabrique National FN/FAL, FN/LAR, or FNC.
67 n. FNH PS90, SCAR, and FS2000.
68 o. Goncz High Tech Carbine.
69 p. Hi-Point Carbine.
70 q. HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
71 r. Kel-Tec Sub-2000, SU series, RFB.
72 s. M1 Carbine.
73 t. SAR-8, SAR-4800, SR9.
74 u. SIG 57 AMT and 500 Series.
75 v. SIG Sauer MCX Rifle.
76 w. SKS capable of accepting a detachable magazine.
77 x. SLG 95.
78 y. SLR 95 or 96.
79 z. Spectre Auto Carbine.
80 aa. Springfield Armory BM59, SAR-48, and G-3.
81 bb. Sterling MK-6 and MK-7.
82 cc. Steyr AUG.
83 dd. Sturm Ruger Mini-14 with folding stock.
84 ee. TNW M230, M2HB.
85 ff. Thompson types, including Thompson T5.
86 gg. UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
87 Rifle (Galatz), or Vector Arms UZI.
88 hh. Weaver Arms Nighthawk.
89 2. All of the following handguns, copies, duplicates, or
90 altered facsimiles with the capability of any such weapon
91 thereof:
92 a. AK-47 pistol, Mini AK-47 pistol.
93 b. AR-15 pistol.
94 c. Australian Automatic Arms SAP pistol.
95 d. Bushmaster Auto Pistol.
96 e. Calico Liberty series pistols.
97 f. Encom MK-IV, MP-9, and MP-45.
98 g. Feather AT-9 and Mini-AT.
99 h. Goncz High Tech Long pistol.
100 i. Holmes MP-83.
101 j. Iver Johnson Enforcer.
102 k. MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
103 Velocity Arms VMA series.
104 l. Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
105 m. UZI pistol, Micro-UZI pistol.
106 n. Colefire Magnum.
107 o. Scarab Skorpion.
108 p. Spectre Auto pistol.
109 q. German Sport 522 PK.
110 r. Chiappa Firearms Mfour-22.
111 s. DSA SA58 PKP FAL.
112 t. I.O. Inc. PPS-43C.
113 u. Kel-Tec PLR-16 pistol.
114 v. SIG Sauer P556 pistol.
115 w. Thompson TA5 series pistols.
116 x. Wilkinson “Linda” pistol.
117 3. All of the following shotguns, copies, duplicates, or
118 altered facsimiles with the capability of any such weapon
119 thereof:
120 a. Armscor 30 BG.
121 b. Franchi SPAS-12 and Law-12.
122 c. Remington TAC-2 or TACB3 FS.
123 d. SPAS 12 or LAW 12.
124 e. Striker 12.
125 f. Streetsweeper.
126 g. Saiga.
127 h. USAS-12.
128 i. Kel-Tec KSG.
129 4. A part or combination of parts that convert a firearm
130 into an assault weapon or any combination of parts from which an
131 assault weapon may be assembled if those parts are in the
132 possession or under the control of the same person; or
133 5. Any semiautomatic firearm not listed in subparagraphs
134 1.-4. that meets the following criteria:
135 a. A semiautomatic rifle that has an ability to accept a
136 detachable magazine and has one or more of the following:
137 (I) A folding or telescoping stock;
138 (II) A pistol grip, a thumbhole stock or Thordsen-type grip
139 or stock, or any other characteristic that can function as a
140 grip;
141 (III) A bayonet mount;
142 (IV) A flash suppressor or threaded barrel designed to
143 accommodate a flash suppressor;
144 (V) A grenade launcher; or
145 (VI) A shroud attached to the barrel, or that partially or
146 completely encircles the barrel allowing the bearer to hold the
147 firearm with the non-trigger hand without being burned, but
148 excludes a slide that encloses the barrel;
149 b. A semiautomatic pistol that has an ability to accept a
150 detachable magazine and has one or more of the following:
151 (I) The capacity to accept an ammunition magazine that
152 attaches to the pistol at any location outside of the pistol
153 grip;
154 (II) A threaded barrel capable of accepting a barrel
155 extender, flash suppressor, forward handgrip, or silencer;
156 (III) A slide that encloses the barrel and that permits the
157 shooter to hold the firearm with the non-trigger hand without
158 being burned;
159 (IV) A manufactured weight of 50 ounces or more when the
160 pistol is unloaded;
161 (V) A semiautomatic version of an automatic firearm;
162 (VI) Any feature capable of functioning as a protruding
163 grip that can be held by the non-trigger hand; or
164 (VII) A folding, telescoping, or thumbhole stock;
165 c. A semiautomatic shotgun that has one or more of the
166 following:
167 (I) A folding or telescoping stock;
168 (II) A pistol grip, a thumbhole stock or Thordsen-type grip
169 or stock, or any other characteristic that can function as a
170 grip;
171 (III) A thumbhole stock;
172 (IV) A fixed magazine capacity in excess of 5 rounds; or
173 (V) An ability to accept a detachable magazine; or
174 d. Any semiautomatic pistol or any semiautomatic,
175 centerfire, or rimfire rifle with a fixed magazine that has the
176 capacity to accept more than 10 rounds of ammunition; or
177 e. A part or combination of parts designed or intended to
178 convert a firearm into an assault weapon or any combination of
179 parts from which an assault weapon may be assembled if those
180 parts are in the possession or under the control of the same
181 person.
182 (b) “Detachable magazine” means an ammunition feeding
183 device that can be removed from a firearm without disassembly of
184 the firearm action.
185 (c) “Fixed magazine” means an ammunition feeding device
186 contained in, or permanently attached to, a firearm in such a
187 manner that the device cannot be removed without disassembly of
188 the firearm action.
189 (d) “Large-capacity magazine” means any ammunition feeding
190 device with the capacity to accept more than 10 rounds, or any
191 conversion kit, part, or combination of parts from which such a
192 device can be assembled if those parts are in the possession or
193 under the control of the same person, but does not include any
194 of the following:
195 1. A feeding device that has been permanently altered so
196 that it cannot accommodate more than 10 rounds;
197 2. A .22 caliber tube ammunition feeding device; or
198 3. A tubular magazine that is contained in a lever-action
199 firearm.
200 (e) “Licensed gun dealer” means a person who has a federal
201 firearms license.
202 (2) SALE OR TRANSFER.—
203 (a) Any person who, within this state, distributes,
204 transports, or imports into the state, sells, keeps for sale, or
205 offers or exposes for sale, or who gives any assault weapon or
206 large-capacity ammunition magazine, in violation of this
207 section, except as provided in paragraph (b), commits a felony
208 of the third degree, punishable as provided in s. 775.082, s.
209 775.083, or s. 775.084, with a mandatory minimum term of
210 imprisonment of 2 years.
211 (b) Any person who transfers, sells, or gives any assault
212 weapon or large-capacity ammunition magazine to a person under
213 18 years of age in violation of this section commits a felony of
214 the second degree, punishable as provided in s. 775.082, s.
215 775.083, or s. 775.084, with a mandatory minimum term of
216 imprisonment of 6 years.
217 (c) Paragraph (a) does not apply to:
218 1. The sale of assault weapons or large-capacity ammunition
219 magazines to the Department of Law Enforcement, a law
220 enforcement agency, as defined in s. 934.02, the Department of
221 Corrections, or the military or naval forces of this state or of
222 the United States for use in the discharge of their official
223 duties.
224 2. A person who is the executor or administrator of an
225 estate that includes an assault weapon or large-capacity
226 ammunition magazine for which a certificate of possession has
227 been issued under this section which is disposed of as
228 authorized by the probate court, if the disposition is otherwise
229 permitted under this section.
230 3. The transfer by bequest or intestate succession of an
231 assault weapon or large-capacity ammunition magazine for which a
232 certificate of possession has been issued under subsection (4).
233 (3) POSSESSION.—
234 (a) Except as provided in subsection (5), any person who,
235 within this state, possesses any assault weapon or large
236 capacity ammunition magazine, except as provided in this section
237 or as otherwise authorized by law, commits a felony of the third
238 degree, punishable as provided in s. 775.082, s. 775.083, or s.
239 775.084, with a mandatory minimum term of imprisonment of 1
240 year.
241 (b) Paragraph (a) does not apply to the possession of
242 assault weapons or large-capacity ammunition magazines by
243 members or employees of the Department of Law Enforcement, a law
244 enforcement agency, as defined in s. 934.02, the Department of
245 Corrections, or the military or naval forces of this state or of
246 the United States for use in the discharge of their official
247 duties; nor does this section prohibit the possession or use of
248 assault weapons or large-capacity ammunition magazines by sworn
249 members of these agencies when on duty and the use is within the
250 scope of their duties.
251 (c) Paragraph (a) does not apply to the possession of an
252 assault weapon or large-capacity ammunition magazine by any
253 person prior to July 1, 2021, if all of the following are
254 applicable:
255 1. The person is eligible to apply for a certificate of
256 possession for the assault weapon or large-capacity ammunition
257 magazine by July 1, 2021;
258 2. The person lawfully possessed the assault weapon or
259 large-capacity ammunition magazine prior to October 1, 2020; 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 large-capacity ammunition magazine for which a
266 certificate of possession has been issued under subsection (4),
267 if the assault weapon is possessed at a place set forth in
268 subparagraph (4)(d)1. or as authorized by the probate court.
269 (4) CERTIFICATE OF POSSESSION.—
270 (a) Any person who lawfully possesses an assault weapon or
271 large-capacity ammunition magazine prior to October 1, 2020,
272 shall apply by October 1, 2021, or, if such person is a member
273 of the military or naval forces of this state or of the United
274 States and is unable to apply by October 1, 2021, because he or
275 she is or was on official duty outside of this state, shall
276 apply within 90 days of returning to the state to the Department
277 of Law Enforcement, for a certificate of possession with respect
278 to such assault weapon or large-capacity ammunition magazine.
279 The certificate shall contain a description of the assault
280 weapon or large-capacity ammunition magazine that identifies it
281 uniquely, including all identification marks; the full name,
282 address, date of birth, and thumbprint of the owner; and any
283 other information as the department may deem appropriate. The
284 department shall adopt regulations no later than January 1,
285 2021, to establish procedures with respect to the application
286 for, and issuance of, certificates of possession pursuant to
287 this section. The thumbprint of the applicant shall be taken by
288 a law enforcement agency or the Department of Law Enforcement
289 together with any personal identifying information required by
290 federal law to process fingerprints. Charges for thumbprint
291 services under this paragraph are not subject to the sales tax
292 on fingerprint services imposed in s. 212.05(1)(i). The
293 Department of Law Enforcement shall conduct a background
294 investigation pursuant to this subsection.
295 (b) A certificate of possession issued under this
296 subsection must be in substantially the following form:
297 CERTIFICATE OF POSSESSION OF ASSAULT WEAPON
298 Certificate Number:
299 Owner’s name: (Last, First, Middle)
300 Address: (Number, Street, City or Town, State, Zip Code) NO
301 P.O. Boxes
302 Date of Birth:
303 Social Security Number (Optional, but will help prevent
304 misidentification):
305 Driver License Number and State:
306 Manufacturer: Importer: Serial Number: Model: Caliber: Unique
307 I.D./Markings:
308 Signature of Owner
309 Applicant’s Right Thumbprint
310 (c) An assault weapon or large-capacity ammunition magazine
311 possessed pursuant to this section may not be sold or
312 transferred on or after January 1, 2021, to any person within
313 this state other than to a licensed gun dealer, as provided in
314 subsection (5), or by a bequest or intestate succession. A
315 person who obtains title to an assault weapon or large-capacity
316 ammunition magazine for which a certificate of possession has
317 been issued under this section by bequest or intestate
318 succession shall, within 90 days of obtaining title, apply to
319 the Department of Law Enforcement for a certificate of
320 possession as provided in paragraph (a), render the weapon or
321 large-capacity ammunition magazine permanently inoperable, sell
322 the weapon or large-capacity ammunition magazine to a licensed
323 gun dealer, or remove the weapon or large-capacity ammunition
324 magazine from the state. Any person who moves into the state in
325 lawful possession of an assault weapon or large-capacity
326 ammunition magazine shall, within 90 days, either render the
327 weapon or large-capacity ammunition magazine permanently
328 inoperable, sell the weapon or large-capacity ammunition
329 magazine to a licensed gun dealer, or remove the weapon or
330 large-capacity ammunition magazine from this state, except any
331 person who is a member of the military or naval forces of this
332 state or of the United States, is in lawful possession of an
333 assault weapon or large-capacity ammunition magazine, and has
334 been transferred into the state after October 1, 2021.
335 (d) A person who has been issued a certificate of
336 possession for an assault weapon or large-capacity ammunition
337 magazine under this section may possess it only under the
338 following conditions:
339 1. At that person’s residence, place of business, or other
340 property owned by that person, or on property owned by another
341 person with the owner’s express permission;
342 2. While on the premises of a target range of a public or
343 private club or organization organized for the purpose of
344 practicing shooting at targets;
345 3. While on a target range that holds a regulatory or
346 business license for the purpose of practicing shooting at that
347 target range;
348 4. While on the premises of a licensed shooting club;
349 5. While attending any exhibition, display, or educational
350 project which is about firearms and which is sponsored by,
351 conducted under the auspices of, or approved by a law
352 enforcement agency or a nationally or state-recognized entity
353 that fosters proficiency in, or promotes education about,
354 firearms; or
355 6. While transporting the assault weapon or large-capacity
356 ammunition magazine between any of the places mentioned in this
357 subsection, or to any licensed gun dealer for servicing or
358 repair pursuant to paragraph (7)(b), provided the assault weapon
359 or large-capacity ammunition magazine is transported as required
360 by subsection (7).
361 (e) If an applicant for a certificate of possession under
362 this subsection fails to qualify for such a certificate after
363 the investigation required under this subsection, the applicant
364 shall arrange to relinquish all assault weapons or large
365 capacity ammunition magazines in his or her possession as
366 provided in subsection (7) within 10 days of issuance of the
367 notice of such failure. Such an applicant who fails to make such
368 an arrangement within the time specified in this paragraph is
369 thereafter in violation of this section.
370 (5) CERTIFICATE OF TRANSFER.—If an owner of an assault
371 weapon or large-capacity ammunition magazine sells or transfers
372 the weapon or magazine to a licensed gun dealer, he or she
373 shall, at the time of delivery of the weapon, execute a
374 certificate of transfer and cause the certificate to be mailed
375 or delivered to the Department of Law Enforcement. The
376 certificate shall contain:
377 (a) The date of sale or transfer.
378 (b) The name and address of the seller or transferor and
379 the licensed gun dealer and their social security numbers or
380 driver license numbers.
381 (c) The licensed gun dealer’s federal firearms license
382 number.
383 (d) A description of the weapon, including the caliber of
384 the weapon and its make, model, and serial number.
385 (e) Any other information the Department of Law Enforcement
386 prescribes.
387
388 The licensed gun dealer shall present his or her driver license
389 or social security card and federal firearms license to the
390 seller or transferor for inspection at the time of purchase or
391 transfer. The Department of Law Enforcement shall maintain a
392 file of all certificates of transfer at its headquarters.
393 (6) RELINQUISHMENT.—An individual may arrange in advance to
394 relinquish an assault weapon or large-capacity ammunition
395 magazine to a law enforcement agency, as defined in s. 934.02,
396 or the Department of Law Enforcement. The assault weapon or
397 large-capacity ammunition magazine shall be transported in
398 accordance with subsection (7).
399 (7) TRANSPORTATION.—
400 (a) A licensed gun dealer who lawfully purchases for resale
401 out of state an assault weapon or large-capacity magazine
402 pursuant to subsection (2) may transport the assault weapon or
403 large-capacity magazine between dealers or out of the state, but
404 no person shall carry a loaded assault weapon concealed from
405 public view or knowingly have in any motor vehicle owned,
406 operated, or occupied by him a loaded assault weapon, or an
407 unloaded assault weapon, unless such weapon is kept in the trunk
408 of such vehicle or in a case or other container which is
409 inaccessible to the operator of or any passenger in such
410 vehicle. Any person who violates this subsection commits a
411 misdemeanor of the second degree, punishable as provided in s.
412 775.082 or s. 775.083. Any licensed gun dealer may display the
413 assault weapon or large-capacity magazine at any gun show or
414 sell it to a resident outside the state.
415 (b) Any licensed gun dealer may transfer possession of any
416 assault weapon or large-capacity ammunition magazine received
417 pursuant to paragraph (a) to a gunsmith for purposes of
418 accomplishing service or repair of the same. Transfers are
419 permissible only to the following persons:
420 1. A gunsmith who is in the dealer’s employ; or
421 2. A gunsmith with whom the dealer has contracted for
422 gunsmithing services, provided the gunsmith receiving the
423 assault weapon holds a dealer’s license issued pursuant to
424 chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss.
425 921 et seq., and the regulations issued pursuant thereto.
426 (8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
427 NOT PROHIBITED.—This section does not prohibit any person, firm,
428 or corporation engaged in the business of manufacturing assault
429 weapons or large-capacity ammunition magazines in this state
430 from manufacturing or transporting assault weapons or large
431 capacity ammunition magazines in this state for sale within this
432 state in accordance with subparagraph (2)(c)1. or for sale
433 outside this state.
434 (9) EXCEPTION.—This section does not apply to any firearm
435 modified to render it permanently inoperable.
436 Section 2. Paragraph (a) of subsection (3) of section
437 775.087, Florida Statutes, is amended to read:
438 775.087 Possession or use of weapon; aggravated battery;
439 felony reclassification; minimum sentence.—
440 (3)(a)1. Any person who is convicted of a felony or an
441 attempt to commit a felony, regardless of whether the use of a
442 firearm is an element of the felony, and the conviction was for:
443 a. Murder;
444 b. Sexual battery;
445 c. Robbery;
446 d. Burglary;
447 e. Arson;
448 f. Aggravated battery;
449 g. Kidnapping;
450 h. Escape;
451 i. Sale, manufacture, delivery, or intent to sell,
452 manufacture, or deliver any controlled substance;
453 j. Aircraft piracy;
454 k. Aggravated child abuse;
455 l. Aggravated abuse of an elderly person or disabled adult;
456 m. Unlawful throwing, placing, or discharging of a
457 destructive device or bomb;
458 n. Carjacking;
459 o. Home-invasion robbery;
460 p. Aggravated stalking; or
461 q. Trafficking in cannabis, trafficking in cocaine, capital
462 importation of cocaine, trafficking in illegal drugs, capital
463 importation of illegal drugs, trafficking in phencyclidine,
464 capital importation of phencyclidine, trafficking in
465 methaqualone, capital importation of methaqualone, trafficking
466 in amphetamine, capital importation of amphetamine, trafficking
467 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
468 (GHB), trafficking in 1,4-Butanediol, trafficking in
469 Phenethylamines, or other violation of s. 893.135(1);
470
471 and during the commission of the offense, such person possessed
472 a semiautomatic firearm and its high-capacity detachable box
473 magazine, an assault weapon or a large-capacity magazine as
474 those terms are defined in s. 790.301, or a machine gun as
475 defined in s. 790.001, shall be sentenced to a minimum term of
476 imprisonment of 15 years.
477 2. Any person who is convicted of a felony or an attempt to
478 commit a felony listed in subparagraph (a)1., regardless of
479 whether the use of a weapon is an element of the felony, and
480 during the course of the commission of the felony such person
481 discharged a semiautomatic firearm and its high-capacity box
482 magazine, an assault weapon or a large-capacity magazine as
483 those terms are defined in s. 790.301, or a “machine gun” as
484 defined in s. 790.001 shall be sentenced to a minimum term of
485 imprisonment of 20 years.
486 3. Any person who is convicted of a felony or an attempt to
487 commit a felony listed in subparagraph (a)1., regardless of
488 whether the use of a weapon is an element of the felony, and
489 during the course of the commission of the felony such person
490 discharged a semiautomatic firearm and its high-capacity box
491 magazine, an assault weapon or a large-capacity magazine as
492 those terms are defined in s. 790.301, or a “machine gun” as
493 defined in s. 790.001 and, as the result of the discharge, death
494 or great bodily harm was inflicted upon any person, the
495 convicted person shall be sentenced to a minimum term of
496 imprisonment of not less than 25 years and not more than a term
497 of imprisonment of life in prison.
498 Section 3. If any provision of this act or its application
499 to any person or circumstance is held invalid, the invalidity
500 does not affect other provisions or applications of the act
501 which can be given effect without the invalid provision or
502 application, and to this end the provisions of this act are
503 severable.
504 Section 4. This act shall take effect October 1, 2020.
