Bill Text: FL S1272 | 2013 | Regular Session | Introduced
Bill Title: Sale or Transfer of Firearms at Gun Shows
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-05-03 - Died in Criminal Justice [S1272 Detail]
Download: Florida-2013-S1272-Introduced.html
Florida Senate - 2013 SB 1272
By Senator Joyner
19-00483A-13 20131272__
1 A bill to be entitled
2 An act relating to sale or transfer of firearms at gun
3 shows; amending s. 790.001, F.S.; providing
4 definitions; creating s. 790.0653, F.S.; prohibiting
5 any person other than a licensed dealer from being a
6 gun show vendor; prohibiting the sale or transfer of a
7 weapon at a gun show unless a licensed dealer is a
8 party to the transaction; providing criminal
9 penalties; amending ss. 790.06, 790.115, 790.145,
10 790.1612, 810.095, and. 921.0024, F.S.; conforming
11 cross-references; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 790.001, Florida Statutes, is reordered
16 and amended to read:
17 790.001 Definitions.—As used in this chapter, except where
18 the context otherwise requires:
19 (2)(1) “Antique firearm” means any firearm manufactured in
20 or before 1918, (including any matchlock, flintlock, percussion
21 cap, or similar early type of ignition system), or replica
22 thereof, whether actually manufactured before or after the year
23 1918, and also any firearm using fixed ammunition manufactured
24 in or before 1918, for which ammunition is no longer
25 manufactured in the United States and is not readily available
26 in the ordinary channels of commercial trade.
27 (3)(2) “Concealed firearm” means any firearm, as defined in
28 subsection (9)(6), which is carried on or about a person in such
29 a manner as to conceal the firearm from the ordinary sight of
30 another person.
31 (4)(3)(a) “Concealed weapon” means any dirk, metallic
32 knuckles, slungshot, billie, tear gas gun, chemical weapon or
33 device, or other deadly weapon carried on or about a person in
34 such a manner as to conceal the weapon from the ordinary sight
35 of another person.
36 (b) “Tear gas gun” or “chemical weapon or device” means any
37 weapon of such nature, except a device known as a “self-defense
38 chemical spray.” “Self-defense chemical spray” means a device
39 carried solely for purposes of lawful self-defense that is
40 compact in size, designed to be carried on or about the person,
41 and contains not more than two ounces of chemical.
42 (6)(4) “Destructive device” means any bomb, grenade, mine,
43 rocket, missile, pipebomb, or similar device containing an
44 explosive, incendiary, or poison gas and includes any frangible
45 container filled with an explosive, incendiary, explosive gas,
46 or expanding gas, which is designed or so constructed as to
47 explode by such filler and is capable of causing bodily harm or
48 property damage; any combination of parts either designed or
49 intended for use in converting any device into a destructive
50 device and from which a destructive device may be readily
51 assembled; any device declared a destructive device by the
52 Bureau of Alcohol, Tobacco, and Firearms; any type of weapon
53 which will, is designed to, or may readily be converted to expel
54 a projectile by the action of any explosive and which has a
55 barrel with a bore of one-half inch or more in diameter; and
56 ammunition for such destructive devices, but not including
57 shotgun shells or any other ammunition designed for use in a
58 firearm other than a destructive device. “Destructive device”
59 does not include:
60 (a) A device which is not designed, redesigned, used, or
61 intended for use as a weapon;
62 (b) Any device, although originally designed as a weapon,
63 which is redesigned so that it may be used solely as a
64 signaling, line-throwing, safety, or similar device;
65 (c) Any shotgun other than a short-barreled shotgun; or
66 (d) Any nonautomatic rifle (other than a short-barreled
67 rifle) generally recognized or particularly suitable for use for
68 the hunting of big game.
69 (8)(5) “Explosive” means any chemical compound or mixture
70 that has the property of yielding readily to combustion or
71 oxidation upon application of heat, flame, or shock, including
72 but not limited to dynamite, nitroglycerin, trinitrotoluene, or
73 ammonium nitrate when combined with other ingredients to form an
74 explosive mixture, blasting caps, and detonators; but not
75 including:
76 (a) Shotgun shells, cartridges, or ammunition for firearms;
77 (b) Fireworks as defined in s. 791.01;
78 (c) Smokeless propellant powder or small arms ammunition
79 primers, if possessed, purchased, sold, transported, or used in
80 compliance with s. 552.241;
81 (d) Black powder in quantities not to exceed that
82 authorized by chapter 552, or by any rules adopted thereunder by
83 the Department of Financial Services, when used for, or intended
84 to be used for, the manufacture of target and sporting
85 ammunition or for use in muzzle-loading flint or percussion
86 weapons.
87
88 The exclusions contained in paragraphs (a)-(d) do not apply to
89 the term “explosive” as used in the definition of “firearm” in
90 subsection (9)(6).
91 (9)(6) “Firearm” means any weapon (including a starter gun)
92 which will, is designed to, or may readily be converted to expel
93 a projectile by the action of an explosive; the frame or
94 receiver of any such weapon; any firearm muffler or firearm
95 silencer; any destructive device; or any machine gun. The term
96 “firearm” does not include an antique firearm unless the antique
97 firearm is used in the commission of a crime.
98 (10) “Gun show” means an event or function that is
99 sponsored to facilitate, in whole or in part, the purchase,
100 sale, offer for sale, or collection of firearms at which not
101 less than three gun show vendors exhibit, sell, offer for sale,
102 transfer, or exchange firearms. The term includes the entire
103 premises provided for the gun show, including, but not limited
104 to, parking areas for the gun show.
105 (11) “Gun show vendor” means a licensed dealer who
106 exhibits, sells, offers for sale, transfers, or exchanges any
107 firearm at a gun show, regardless of whether the dealer arranges
108 with a gun show promoter for a fixed location from which to
109 exhibit, sell, offer for sale, transfer, or exchange any
110 firearm.
111 (12)(7) “Indictment” means an indictment or an information
112 in any court under which a crime punishable by imprisonment for
113 a term exceeding 1 year may be prosecuted.
114 (13)(8) “Law enforcement officer” means:
115 (a) All officers or employees of the United States or the
116 State of Florida, or any agency, commission, department, board,
117 division, municipality, or subdivision thereof, who have
118 authority to make arrests;
119 (b) Officers or employees of the United States or the State
120 of Florida, or any agency, commission, department, board,
121 division, municipality, or subdivision thereof, duly authorized
122 to carry a concealed weapon;
123 (c) Members of the Armed Forces of the United States, the
124 organized reserves, state militia, or Florida National Guard,
125 when on duty, when preparing themselves for, or going to or
126 from, military duty, or under orders;
127 (d) An employee of the state prisons or correctional
128 systems who has been so designated by the Department of
129 Corrections or by a warden of an institution;
130 (e) All peace officers;
131 (f) All state attorneys and United States attorneys and
132 their respective assistants and investigators.
133 (14)(9) “Machine gun” means any firearm, as defined herein,
134 which shoots, or is designed to shoot, automatically more than
135 one shot, without manually reloading, by a single function of
136 the trigger.
137 (17)(10) “Short-barreled shotgun” means a shotgun having
138 one or more barrels less than 18 inches in length and any weapon
139 made from a shotgun (whether by alteration, modification, or
140 otherwise) if such weapon as modified has an overall length of
141 less than 26 inches.
142 (18)(11) “Short-barreled rifle” means a rifle having one or
143 more barrels less than 16 inches in length and any weapon made
144 from a rifle (whether by alteration, modification, or otherwise)
145 if such weapon as modified has an overall length of less than 26
146 inches.
147 (19)(12) “Slungshot” means a small mass of metal, stone,
148 sand, or similar material fixed on a flexible handle, strap, or
149 the like, used as a weapon.
150 (21)(13) “Weapon” means any dirk, knife, metallic knuckles,
151 slungshot, billie, tear gas gun, chemical weapon or device, or
152 other deadly weapon except a firearm or a common pocketknife,
153 plastic knife, or blunt-bladed table knife.
154 (7)(14) “Electric weapon or device” means any device which,
155 through the application or use of electrical current, is
156 designed, redesigned, used, or intended to be used for offensive
157 or defensive purposes, the destruction of life, or the
158 infliction of injury.
159 (5)(15) “Dart-firing stun gun” means any device having one
160 or more darts that are capable of delivering an electrical
161 current.
162 (15)(16) “Readily accessible for immediate use” means that
163 a firearm or other weapon is carried on the person or within
164 such close proximity and in such a manner that it can be
165 retrieved and used as easily and quickly as if carried on the
166 person.
167 (16)(17) “Securely encased” means in a glove compartment,
168 whether or not locked; snapped in a holster; in a gun case,
169 whether or not locked; in a zippered gun case; or in a closed
170 box or container which requires a lid or cover to be opened for
171 access.
172 (20)(18) “Sterile area” means the area of an airport to
173 which access is controlled by the inspection of persons and
174 property in accordance with federally approved airport security
175 programs.
176 (1)(19) “Ammunition” means an object consisting of all of
177 the following:
178 (a) A fixed metallic or nonmetallic hull or casing
179 containing a primer.
180 (b) One or more projectiles, one or more bullets, or shot.
181 (c) Gunpowder.
182
183 All of the specified components must be present for an object to
184 be ammunition.
185 Section 2. Section 790.0653, Florida Statutes, is created
186 to read:
187 790.0653 Gun shows.—
188 (1) A person must be a licensed dealer to be a gun show
189 vendor. A gun show vendor must be a party to any sale, transfer,
190 or exchange of a weapon at a gun show.
191 (2) A person who violates subsection (1) commits a felony
192 of the third degree, punishable as provided in s. 775.082, s.
193 775.083, or s. 775.084.
194 Section 3. Subsection (1) of section 790.06, Florida
195 Statutes, is amended to read:
196 790.06 License to carry concealed weapon or firearm.—
197 (1) The Department of Agriculture and Consumer Services is
198 authorized to issue licenses to carry concealed weapons or
199 concealed firearms to persons qualified as provided in this
200 section. Each such license must bear a color photograph of the
201 licensee. For the purposes of this section, concealed weapons or
202 concealed firearms are defined as a handgun, electronic weapon
203 or device, tear gas gun, knife, or billie, but the term does not
204 include a machine gun as defined in s. 790.001(9). Such licenses
205 shall be valid throughout the state for a period of 7 years from
206 the date of issuance. Any person in compliance with the terms of
207 such license may carry a concealed weapon or concealed firearm
208 notwithstanding the provisions of s. 790.01. The licensee must
209 carry the license, together with valid identification, at all
210 times in which the licensee is in actual possession of a
211 concealed weapon or firearm and must display both the license
212 and proper identification upon demand by a law enforcement
213 officer. Violations of the provisions of this subsection shall
214 constitute a noncriminal violation with a penalty of $25,
215 payable to the clerk of the court.
216 Section 4. Subsection (1) and paragraphs (a) and (b) of
217 subsection (2) of section 790.115, Florida Statutes, are amended
218 to read:
219 790.115 Possessing or discharging weapons or firearms at a
220 school-sponsored event or on school property prohibited;
221 penalties; exceptions.—
222 (1) A person who exhibits any sword, sword cane, firearm,
223 electric weapon or device, destructive device, or other weapon
224 as defined in s. 790.001(13), including a razor blade, box
225 cutter, or common pocketknife, except as authorized in support
226 of school-sanctioned activities, in the presence of one or more
227 persons in a rude, careless, angry, or threatening manner and
228 not in lawful self-defense, at a school-sponsored event or on
229 the grounds or facilities of any school, school bus, or school
230 bus stop, or within 1,000 feet of the real property that
231 comprises a public or private elementary school, middle school,
232 or secondary school, during school hours or during the time of a
233 sanctioned school activity, commits a felony of the third
234 degree, punishable as provided in s. 775.082, s. 775.083, or s.
235 775.084. This subsection does not apply to the exhibition of a
236 firearm or weapon on private real property within 1,000 feet of
237 a school by the owner of such property or by a person whose
238 presence on such property has been authorized, licensed, or
239 invited by the owner.
240 (2)(a) A person shall not possess any firearm, electric
241 weapon or device, destructive device, or other weapon as defined
242 in s. 790.001(13), including a razor blade or box cutter, except
243 as authorized in support of school-sanctioned activities, at a
244 school-sponsored event or on the property of any school, school
245 bus, or school bus stop; however, a person may carry a firearm:
246 1. In a case to a firearms program, class or function which
247 has been approved in advance by the principal or chief
248 administrative officer of the school as a program or class to
249 which firearms could be carried;
250 2. In a case to a career center having a firearms training
251 range; or
252 3. In a vehicle pursuant to s. 790.25(5); except that
253 school districts may adopt written and published policies that
254 waive the exception in this subparagraph for purposes of student
255 and campus parking privileges.
256
257 For the purposes of this section, “school” means any preschool,
258 elementary school, middle school, junior high school, secondary
259 school, career center, or postsecondary school, whether public
260 or nonpublic.
261 (b) A person who willfully and knowingly possesses any
262 electric weapon or device, destructive device, or other weapon
263 as defined in s. 790.001(13), including a razor blade or box
264 cutter, except as authorized in support of school-sanctioned
265 activities, in violation of this subsection commits a felony of
266 the third degree, punishable as provided in s. 775.082, s.
267 775.083, or s. 775.084.
268 Section 5. Subsection (1) of section 790.145, Florida
269 Statutes, is amended to read:
270 790.145 Crimes in pharmacies; possession of weapons;
271 penalties.—
272 (1) Unless otherwise provided by law, any person who is in
273 possession of a concealed “firearm,” as defined in s.
274 790.001(6), or a “destructive device,” as defined in s.
275 790.001(4), within the premises of a “pharmacy,” as defined in
276 chapter 465, commits is guilty of a felony of the third degree,
277 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
278 Section 6. Section 790.1612, Florida Statutes, is amended
279 to read:
280 790.1612 Authorization for governmental manufacture,
281 possession, and use of destructive devices.—The governing body
282 of any municipality or county and the Division of State Fire
283 Marshal of the Department of Financial Services have the power
284 to authorize the manufacture, possession, and use of destructive
285 devices as defined in s. 790.001(4).
286 Section 7. Subsection (1) of section 810.095, Florida
287 Statutes, is amended to read:
288 810.095 Trespass on school property with firearm or other
289 weapon prohibited.—
290 (1) It is a felony of the third degree, punishable as
291 provided in s. 775.082, s. 775.083, or s. 775.084, for a person
292 who is trespassing upon school property to bring onto, or to
293 possess on, such school property any weapon as defined in s.
294 790.001(13) or any firearm.
295 Section 8. Paragraph (b) of subsection (1) of section
296 921.0024, Florida Statutes, is amended to read:
297 921.0024 Criminal Punishment Code; worksheet computations;
298 scoresheets.—
299 (1)
300 (b) WORKSHEET KEY:
301
302 Legal status points are assessed when any form of legal status
303 existed at the time the offender committed an offense before the
304 court for sentencing. Four (4) sentence points are assessed for
305 an offender’s legal status.
306
307 Community sanction violation points are assessed when a
308 community sanction violation is before the court for sentencing.
309 Six (6) sentence points are assessed for each community sanction
310 violation and each successive community sanction violation,
311 unless any of the following apply:
312 1. If the community sanction violation includes a new
313 felony conviction before the sentencing court, twelve (12)
314 community sanction violation points are assessed for the
315 violation, and for each successive community sanction violation
316 involving a new felony conviction.
317 2. If the community sanction violation is committed by a
318 violent felony offender of special concern as defined in s.
319 948.06:
320 a. Twelve (12) community sanction violation points are
321 assessed for the violation and for each successive violation of
322 felony probation or community control where:
323 (I) The violation does not include a new felony conviction;
324 and
325 (II) The community sanction violation is not based solely
326 on the probationer or offender’s failure to pay costs or fines
327 or make restitution payments.
328 b. Twenty-four (24) community sanction violation points are
329 assessed for the violation and for each successive violation of
330 felony probation or community control where the violation
331 includes a new felony conviction.
332
333 Multiple counts of community sanction violations before the
334 sentencing court shall not be a basis for multiplying the
335 assessment of community sanction violation points.
336
337 Prior serious felony points: If the offender has a primary
338 offense or any additional offense ranked in level 8, level 9, or
339 level 10, and one or more prior serious felonies, a single
340 assessment of thirty (30) points shall be added. For purposes of
341 this section, a prior serious felony is an offense in the
342 offender’s prior record that is ranked in level 8, level 9, or
343 level 10 under s. 921.0022 or s. 921.0023 and for which the
344 offender is serving a sentence of confinement, supervision, or
345 other sanction or for which the offender’s date of release from
346 confinement, supervision, or other sanction, whichever is later,
347 is within 3 years before the date the primary offense or any
348 additional offense was committed.
349
350 Prior capital felony points: If the offender has one or more
351 prior capital felonies in the offender’s criminal record, points
352 shall be added to the subtotal sentence points of the offender
353 equal to twice the number of points the offender receives for
354 the primary offense and any additional offense. A prior capital
355 felony in the offender’s criminal record is a previous capital
356 felony offense for which the offender has entered a plea of nolo
357 contendere or guilty or has been found guilty; or a felony in
358 another jurisdiction which is a capital felony in that
359 jurisdiction, or would be a capital felony if the offense were
360 committed in this state.
361
362 Possession of a firearm, semiautomatic firearm, or machine gun:
363 If the offender is convicted of committing or attempting to
364 commit any felony other than those enumerated in s. 775.087(2)
365 while having in his or her possession: a firearm as defined in
366 s. 790.001(6), an additional eighteen (18) sentence points are
367 assessed; or if the offender is convicted of committing or
368 attempting to commit any felony other than those enumerated in
369 s. 775.087(3) while having in his or her possession a
370 semiautomatic firearm as defined in s. 775.087(3) or a machine
371 gun as defined in s. 790.001(9), an additional twenty-five (25)
372 sentence points are assessed.
373
374 Sentencing multipliers:
375
376 Drug trafficking: If the primary offense is drug trafficking
377 under s. 893.135, the subtotal sentence points are multiplied,
378 at the discretion of the court, for a level 7 or level 8
379 offense, by 1.5. The state attorney may move the sentencing
380 court to reduce or suspend the sentence of a person convicted of
381 a level 7 or level 8 offense, if the offender provides
382 substantial assistance as described in s. 893.135(4).
383
384 Law enforcement protection: If the primary offense is a
385 violation of the Law Enforcement Protection Act under s.
386 775.0823(2), (3), or (4), the subtotal sentence points are
387 multiplied by 2.5. If the primary offense is a violation of s.
388 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
389 are multiplied by 2.0. If the primary offense is a violation of
390 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
391 Protection Act under s. 775.0823(10) or (11), the subtotal
392 sentence points are multiplied by 1.5.
393
394 Grand theft of a motor vehicle: If the primary offense is grand
395 theft of the third degree involving a motor vehicle and in the
396 offender’s prior record, there are three or more grand thefts of
397 the third degree involving a motor vehicle, the subtotal
398 sentence points are multiplied by 1.5.
399
400 Offense related to a criminal gang: If the offender is convicted
401 of the primary offense and committed that offense for the
402 purpose of benefiting, promoting, or furthering the interests of
403 a criminal gang as prohibited under s. 874.04, the subtotal
404 sentence points are multiplied by 1.5.
405
406 Domestic violence in the presence of a child: If the offender is
407 convicted of the primary offense and the primary offense is a
408 crime of domestic violence, as defined in s. 741.28, which was
409 committed in the presence of a child under 16 years of age who
410 is a family or household member as defined in s. 741.28(3) with
411 the victim or perpetrator, the subtotal sentence points are
412 multiplied by 1.5.
413 Section 9. This act shall take effect October 1, 2013.
