Florida Senate - 2020                                    SB 1300
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00285D-20                                          20201300__
    1                        A bill to be entitled                      
    2         An act relating to assault weapons; creating s.
    3         790.30, F.S.; defining terms; prohibiting the
    4         importing into this state, or the distributing,
    5         transporting, transferring, selling, or giving within
    6         this state, of an assault weapon; providing criminal
    7         penalties; providing applicability; prohibiting the
    8         possession of an assault weapon; providing exceptions;
    9         providing criminal penalties; providing applicability;
   10         requiring certificates of possession for assault
   11         weapons lawfully possessed before a specified date;
   12         requiring the Department of Law Enforcement to adopt
   13         rules by a certain date; limiting transfers of assault
   14         weapons represented by certificates of possession;
   15         providing conditions for continued possession of such
   16         weapons; requiring certificates of transfer for
   17         transfers of assault weapons; requiring the department
   18         to maintain a file of all certificates of transfer;
   19         providing for relinquishment of assault weapons;
   20         specifying requirements for transportation of assault
   21         weapons; providing criminal penalties; specifying
   22         circumstances in which the manufacture or
   23         transportation of assault weapons is not prohibited;
   24         exempting permanently inoperable firearms from certain
   25         provisions; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 790.30, Florida Statutes, is created to
   30  read:
   31         790.30Assault weapons.—
   32         (1)DEFINITIONS.—As used in this section, the term:
   33         (a)“Assault weapon” means a selective-fire firearm capable
   34  of fully automatic, semiautomatic, or burst fire at the option
   35  of the user or any of the following specified semiautomatic
   36  firearms:
   37         1.All AK series.
   38         2.All AR series.
   39         3.Sig Sauer MCX rifle.
   40         (b)“Licensed gun dealer” means a person who has a federal
   41  firearms license.
   42         (2)SALE OR TRANSFER.—
   43         (a)A person may not import an assault weapon into this
   44  state or distribute, transport, transfer, sell, keep for sale,
   45  offer or expose for sale, or give an assault weapon within this
   46  state.
   47         1. Except as provided in subparagraph 2., any person who
   48  violates this paragraph commits a felony of the third degree,
   49  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   50  with a mandatory minimum term of imprisonment of 2 years.
   51         2.Any person who transfers, sells, or gives an assault
   52  weapon to a person under 21 years of age commits a felony of the
   53  second degree, punishable as provided in s. 775.082, s. 775.083,
   54  or s. 775.084, with a mandatory minimum term of imprisonment of
   55  6 years.
   56         (b)Paragraph (a) does not apply to:
   57         1.The sale of an assault weapon to the Department of Law
   58  Enforcement, a law enforcement agency as defined in s. 934.02,
   59  the Department of Corrections, or the Armed Forces of the United
   60  States or of this state for use in the discharge of their
   61  official duties.
   62         2.A person who is the executor or administrator of an
   63  estate that includes an assault weapon for which a certificate
   64  of possession has been issued under subsection (4) and which is
   65  disposed of as authorized by the probate court, if the
   66  disposition is otherwise authorized under this section.
   67         3.The transfer by bequest or intestate succession of an
   68  assault weapon for which a certificate of possession has been
   69  issued under subsection (4).
   70         (3)POSSESSION.—
   71         (a)Except as provided in subsection (5) or otherwise
   72  provided in this section or authorized by any other law, a
   73  person may not possess an assault weapon within this state. Any
   74  person who violates this paragraph commits a felony of the third
   75  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   76  775.084, with a mandatory minimum term of imprisonment of 1
   77  year.
   78         (b)Paragraph (a) does not apply to:
   79         1. The possession of an assault weapon by a sworn member or
   80  employee of the Department of Law Enforcement, a law enforcement
   81  agency as defined in s. 934.02, the Department of Corrections,
   82  or the Armed Forces of the United States or of this state for
   83  use in the discharge of his or her official duties, and this
   84  section does not prohibit the possession or use of an assault
   85  weapon by a sworn member of one of these agencies when on duty
   86  and the use is within the scope of his or her duties.
   87         2.The possession of an assault weapon by any person before
   88  July 1, 2021, if that person:
   89         a.Is eligible to apply for a certificate of possession for
   90  the assault weapon by July 1, 2021;
   91         b.Lawfully possessed the assault weapon before October 1,
   92  2020; and
   93         c.Is otherwise in compliance with this section and the
   94  applicable requirements of this chapter for possession of a
   95  firearm.
   96         3.A person who is the executor or administrator of an
   97  estate that includes an assault weapon for which a certificate
   98  of possession has been issued under subsection (4), if the
   99  assault weapon is possessed at a place specified in subparagraph
  100  (4)(c)1. or as authorized by the probate court.
  101         (4)CERTIFICATE OF POSSESSION.—
  102         (a)Any person who lawfully possesses an assault weapon
  103  before October 1, 2020, shall apply to the Department of Law
  104  Enforcement by October 1, 2021, for a certificate of possession
  105  with respect to such an assault weapon, unless he or she is a
  106  member of the Armed Forces of the United States or of this state
  107  and cannot comply because he or she is or was on official duty
  108  outside this state, in which case he or she must apply within 90
  109  days after returning to this state. The certificate must contain
  110  a description of the assault weapon which identifies the assault
  111  weapon uniquely, including all identifying marks; the full name,
  112  address, date of birth, and thumbprint of the owner; and any
  113  other information as the department deems appropriate. The
  114  department shall adopt rules no later than January 1, 2021, to
  115  establish procedures with respect to the application for, and
  116  issuance of, certificates of possession under this section.
  117         (b)1. An assault weapon lawfully possessed in accordance
  118  with this section may not be sold or transferred on or after
  119  January 1, 2021, to any person within this state other than to a
  120  licensed gun dealer, as provided in subsection (5), or by a
  121  bequest or intestate succession.
  122         2. A person who obtains ownership of an assault weapon for
  123  which a certificate of possession has been issued under this
  124  subsection shall, within 90 days after obtaining ownership,
  125  apply to the Department of Law Enforcement for a certificate of
  126  possession, render the assault weapon permanently inoperable,
  127  sell the assault weapon to a licensed gun dealer, or remove the
  128  assault weapon from this state.
  129         3. A person who moves into this state and who is in lawful
  130  possession of an assault weapon shall, within 90 days, either
  131  render the assault weapon permanently inoperable, sell the
  132  assault weapon to a licensed gun dealer, or remove the assault
  133  weapon from this state, unless the person is a member of the
  134  Armed Forces of the United States or of this state, is in lawful
  135  possession of an assault weapon, and has been transferred to the
  136  state after October 1, 2021.
  137         (c)A person who has been issued a certificate of
  138  possession for an assault weapon under this subsection may
  139  possess it only if the person is:
  140         1.At the residence, the place of business, or any other
  141  property owned by that person, or on a property owned by another
  142  person with the owner’s express permission;
  143         2.On the premises of a target range of a public or private
  144  club or organization organized for the purpose of practicing
  145  shooting at targets;
  146         3.On a target range that holds a regulatory or business
  147  license for the purpose of practicing shooting at that target
  148  range;
  149         4.On the premises of a licensed shooting club;
  150         5.Attending an exhibition, display, or educational program
  151  on firearms which is sponsored by, conducted under the auspices
  152  of, or approved by a law enforcement agency or a nationally
  153  recognized or state-recognized entity that fosters proficiency
  154  in, or promotes education about, firearms; or
  155         6.Transporting the assault weapon between any of the
  156  places identified in this paragraph, or from or to any licensed
  157  gun dealer for servicing or repair pursuant to paragraph (7)(b),
  158  provided that the assault weapon is transported as required by
  159  subsection (7).
  160         (5)CERTIFICATE OF TRANSFER.—If the owner of an assault
  161  weapon sells or transfers the weapon to a licensed gun dealer,
  162  the licensed gun dealer must, at the time of delivery of the
  163  weapon, execute a certificate of transfer and cause the
  164  certificate to be mailed or delivered to the Department of Law
  165  Enforcement. The certificate must contain all of the following:
  166         (a)The date of sale or transfer.
  167         (b)The names and addresses of the seller or transferor and
  168  the licensed gun dealer and their social security numbers or
  169  driver license numbers.
  170         (c)The licensed gun dealer’s federal firearms license
  171  number.
  172         (d)A description of the weapon, including the caliber of
  173  the weapon and its make, model, and serial number.
  174         (e)Any other information required by the Department of Law
  175  Enforcement.
  176  
  177  The licensed gun dealer shall present his or her driver license
  178  or social security card and federal firearms license to the
  179  seller or transferor for inspection at the time of purchase or
  180  transfer. The Department of Law Enforcement shall maintain a
  181  file of all certificates of transfer at its headquarters.
  182         (6)RELINQUISHMENT.—An individual may arrange in advance to
  183  relinquish an assault weapon to a law enforcement agency, as
  184  defined in s. 934.02, or the Department of Law Enforcement. The
  185  assault weapon must be transported in accordance with subsection
  186  (7).
  187         (7)TRANSPORTATION.—
  188         (a)A licensed gun dealer who lawfully purchases for resale
  189  an assault weapon pursuant to subsection (2) may transport the
  190  assault weapon between licensed gun dealers or out of this
  191  state, but a person may not carry a loaded assault weapon
  192  concealed from public view, or knowingly have in any motor
  193  vehicle owned, operated, or occupied by him or her a loaded or
  194  unloaded assault weapon, unless the weapon is kept in the trunk
  195  of the vehicle or in a case or other container that is
  196  inaccessible to the operator of or any passenger in the vehicle.
  197  Any person who violates this paragraph commits a misdemeanor of
  198  the second degree, punishable as provided in s. 775.082 or s.
  199  775.083. A licensed gun dealer may display the assault weapon at
  200  any gun show or sell it to a resident outside this state.
  201         (b)A licensed gun dealer may transfer possession of any
  202  assault weapon received pursuant to paragraph (a) to a gunsmith
  203  for the purpose of service or repair if that gunsmith is:
  204         1.In the licensed gun dealer’s employ; or
  205         2.Contracted by the licensed gun dealer for gunsmithing
  206  services, provided the gunsmith holds a dealer’s license issued
  207  pursuant to chapter 44 of Title 18 of the United States Code, 18
  208  U.S.C. ss. 921 et seq., and the regulations issued pursuant
  209  thereto.
  210         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  211  NOT PROHIBITED.—This section does not prohibit any person, firm,
  212  or corporation engaged in the business of manufacturing assault
  213  weapons in this state from manufacturing or transporting assault
  214  weapons in this state for sale within this state in accordance
  215  with subparagraph (2)(b)1. or for sale outside this state.
  216         (9)EXCEPTION.—This section does not apply to any firearm
  217  modified to render it permanently inoperable.
  218         Section 2. This act shall take effect October 1, 2020.