Florida Senate - 2021 SB 370
By Senator Farmer
34-00616-21 2021370__
1 A bill to be entitled
2 An act relating to assault weapons and large-capacity
3 magazines; creating s. 790.301, F.S.; defining terms;
4 prohibiting the sale or transfer of an assault weapon
5 or a large-capacity magazine; providing exceptions;
6 providing criminal penalties; prohibiting possession
7 of an assault weapon or a large-capacity magazine;
8 providing exceptions; providing criminal penalties;
9 requiring certificates of possession for assault
10 weapons or large-capacity magazines lawfully possessed
11 before a specified date; providing requirements for
12 the certificates; requiring the Department of Law
13 Enforcement to adopt rules; specifying the form of the
14 certificates; limiting sales or transfers of assault
15 weapons or large-capacity magazines documented by such
16 certificates; providing conditions for continued
17 possession of such weapons or large-capacity
18 magazines; providing requirements for an applicant who
19 fails to qualify for such a certificate; requiring
20 certificates of transfer for transfers of certain
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 under certain circumstances;
28 providing criminal penalties; specifying circumstances
29 in which the manufacture or transportation of assault
30 weapons or large-capacity magazines is not prohibited;
31 exempting permanently inoperable firearms from certain
32 provisions; amending s. 775.087, F.S.; providing
33 enhanced criminal penalties for certain offenses when
34 committed with an assault weapon or a large-capacity
35 magazine; providing for severability; providing an
36 effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 790.301, Florida Statutes, is created to
41 read:
42 790.301 Assault weapons.—
43 (1) DEFINITIONS.—As used in this section, the term:
44 (a)1. “Assault weapon” means any selective-fire firearm
45 capable of fully automatic, semiautomatic, or burst fire at the
46 option of the user or any of the following specified
47 semiautomatic firearms:
48 a. All AK series, including, but not limited to, the
49 following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
50 NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
51 and Vector Arms AK-47.
52 b. All AR series, including, but not limited to, the
53 following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
54 M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
55 M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
56 AR rifles.
57 c. Algimec AGM1.
58 d. Barrett 82A1 and REC7.
59 e. Beretta AR-70 and Beretta Storm.
60 f. Bushmaster Auto Rifle.
61 g. Calico Liberty series.
62 h. Chartered Industries of Singapore SR-88.
63 i. Colt Sporter.
64 j. Daewoo K-1, K-2, Max-1, and Max-2.
65 k. FAMAS MAS 223.
66 l. Federal XC-900 and SC-450.
67 m. Fabrique National FN/FAL, FN/LAR, or FNC.
68 n. FNH PS90, SCAR, and FS2000.
69 o. Goncz High Tech Carbine.
70 p. Hi-Point Carbine.
71 q. HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
72 r. Kel-Tec Sub-2000, SU series, RFB.
73 s. M1 Carbine.
74 t. SAR-8, SAR-4800, SR9.
75 u. SIG 57 AMT and 500 Series.
76 v. SIG Sauer MCX Rifle.
77 w. SKS capable of accepting a detachable magazine.
78 x. SLG 95.
79 y. SLR 95 or 96.
80 z. Spectre Auto Carbine.
81 aa. Springfield Armory BM59, SAR-48, and G-3.
82 bb. Sterling MK-6 and MK-7.
83 cc. Steyr AUG.
84 dd. Sturm Ruger Mini-14 with folding stock.
85 ee. TNW M230, M2HB.
86 ff. Thompson types, including Thompson T5.
87 gg. UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
88 Rifle (Galatz), or Vector Arms UZI.
89 hh. Weaver Arms Nighthawk.
90 2. All of the following handguns, copies, duplicates, or
91 altered facsimiles with the capability of any such weapon:
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 a. Armscor 30 BG.
120 b. Franchi SPAS-12 and Law-12.
121 c. Remington TAC-2 or TACB3 FS.
122 d. SPAS 12 or LAW 12.
123 e. Striker 12.
124 f. Streetsweeper.
125 g. Saiga.
126 h. USAS-12.
127 i. Kel-Tec KSG.
128 4. A part or combination of parts which converts a firearm
129 into an assault weapon or any combination of parts from which an
130 assault weapon may be assembled if those parts are in the
131 possession or under the control of the same person.
132 5. Any semiautomatic firearm not listed in subparagraphs
133 1.-4. which meets any of the following criteria:
134 a. A semiautomatic rifle that has an ability to accept a
135 detachable magazine and has one or more of the following:
136 (I) A folding or telescoping stock;
137 (II) A pistol grip, a thumbhole stock or Thordsen-type grip
138 or stock, or any other characteristic that can function as a
139 grip;
140 (III) A bayonet mount;
141 (IV) A flash suppressor or threaded barrel designed to
142 accommodate a flash suppressor;
143 (V) A grenade launcher; or
144 (VI) A shroud attached to the barrel, or that partially or
145 completely encircles the barrel, allowing the bearer to hold the
146 firearm with the non-trigger hand without being burned, but
147 excludes a slide that encloses the barrel.
148 b. A semiautomatic pistol that has an ability to accept a
149 detachable magazine and has one or more of the following:
150 (I) The capacity to accept a large-capacity magazine that
151 attaches to the pistol at any location outside of the pistol
152 grip;
153 (II) A threaded barrel capable of accepting a barrel
154 extender, flash suppressor, forward handgrip, or silencer;
155 (III) A slide that encloses the barrel and that permits the
156 shooter to hold the firearm with the non-trigger hand without
157 being burned;
158 (IV) A manufactured weight of 50 ounces or more when the
159 pistol is unloaded;
160 (V) A semiautomatic version of an automatic firearm;
161 (VI) Any feature capable of functioning as a protruding
162 grip that can be held by the non-trigger hand; or
163 (VII) A folding, telescoping, or thumbhole stock.
164 c. A semiautomatic shotgun that has one or more of the
165 following:
166 (I) A folding or telescoping stock;
167 (II) A pistol grip, a thumbhole stock or Thordsen-type grip
168 or stock, or any other characteristic that can function as a
169 grip;
170 (III) A thumbhole stock;
171 (IV) A fixed magazine capacity in excess of 5 rounds; or
172 (V) An ability to accept a detachable magazine.
173 d. Any semiautomatic pistol or any semiautomatic,
174 centerfire, or rimfire rifle with a fixed magazine that has the
175 capacity to accept more than 10 rounds of ammunition.
176 e. A part or combination of parts designed or intended to
177 convert a firearm into an assault weapon or any combination of
178 parts from which an assault weapon may be assembled if those
179 parts are in the possession or under the control of the same
180 person.
181 (b) “Detachable magazine” means an ammunition feeding
182 device that can be removed from a firearm without disassembly of
183 the firearm action.
184 (c) “Fixed magazine” means an ammunition feeding device
185 contained in, or permanently attached to, a firearm in such a
186 manner that the device cannot be removed without disassembly of
187 the firearm action.
188 (d) “Large-capacity magazine” means an ammunition feeding
189 device with the capacity to accept more than 10 rounds, or any
190 conversion kit, part, or combination of parts from which such a
191 device can be assembled if those parts are in the possession or
192 under the control of the same person, but does not include any
193 of the following:
194 1. A feeding device that has been permanently altered so
195 that it cannot accommodate more than 10 rounds;
196 2. A .22 caliber tube ammunition feeding device; or
197 3. A tubular magazine that is contained in a lever-action
198 firearm.
199 (e) “Licensed gun dealer” means a person who has a federal
200 firearms license.
201 (2) SALE OR TRANSFER.—
202 (a) A person who, within this state, distributes,
203 transports, or imports into the state, sells, keeps for sale, or
204 offers or exposes for sale, or who gives an assault weapon or
205 large-capacity magazine, in violation of this section, except as
206 provided in paragraph (c), commits a felony of the third degree,
207 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
208 with a mandatory minimum term of imprisonment of 2 years.
209 (b) A person who transfers, sells, or gives an assault
210 weapon or large-capacity magazine to a person under 18 years of
211 age in violation of this section commits a felony of the second
212 degree, punishable as provided in s. 775.082, s. 775.083, or s.
213 775.084, with a mandatory minimum term of imprisonment of 6
214 years.
215 (c) Paragraph (a) does not apply to:
216 1. The sale of assault weapons or large-capacity magazines
217 to the Department of Law Enforcement, a law enforcement agency
218 as defined in s. 934.02, the Department of Corrections, or the
219 military or naval forces of this state or of the United States
220 for use in the discharge of their official duties.
221 2. A person who is the executor or administrator of an
222 estate that includes an assault weapon or a large-capacity
223 magazine for which a certificate of possession has been issued
224 under this section and which is disposed of as authorized by the
225 probate court, if the disposition is otherwise permitted under
226 this section.
227 3. The transfer by bequest or intestate succession of an
228 assault weapon or a large-capacity magazine for which a
229 certificate of possession has been issued under subsection (4).
230 (3) POSSESSION.—
231 (a) Except as provided in subsection (5), a person who,
232 within this state, possesses any assault weapon or large
233 capacity magazine, except as provided in this section or as
234 otherwise authorized by law, commits a felony of the third
235 degree, punishable as provided in s. 775.082, s. 775.083, or s.
236 775.084, with a mandatory minimum term of imprisonment of 1
237 year.
238 (b) Paragraph (a) does not apply to the possession of
239 assault weapons or large-capacity magazines by members or
240 employees of the Department of Law Enforcement, a law
241 enforcement agency as defined in s. 934.02, the Department of
242 Corrections, or the military or naval forces of this state or of
243 the United States for use in the discharge of their official
244 duties; nor does this section prohibit the possession or use of
245 assault weapons or large-capacity magazines by sworn members of
246 these agencies when on duty and the use is within the scope of
247 their duties.
248 (c) Paragraph (a) does not apply to the possession of an
249 assault weapon or a large-capacity magazine by a person before
250 July 1, 2022, if all of the following are applicable:
251 1. The person is eligible to apply for a certificate of
252 possession for the assault weapon or large-capacity magazine by
253 July 1, 2022;
254 2. The person lawfully possessed the assault weapon or
255 large-capacity magazine before October 1, 2021; and
256 3. The person is otherwise in compliance with this section
257 and the applicable requirements of this chapter for possession
258 of a firearm.
259 (d) Paragraph (a) does not apply to a person who is the
260 executor or administrator of an estate that includes an assault
261 weapon or a large-capacity magazine for which a certificate of
262 possession has been issued under subsection (4), if the assault
263 weapon is possessed at a place set forth in subparagraph
264 (4)(d)1. or as authorized by the probate court.
265 (4) CERTIFICATE OF POSSESSION.—
266 (a) A person who lawfully possesses an assault weapon or a
267 large-capacity magazine before October 1, 2021, shall apply by
268 October 1, 2022, or, if such person is a member of the military
269 or naval forces of this state or of the United States and is
270 unable to apply by October 1, 2022, because he or she is or was
271 on official duty outside of this state, shall apply within 90
272 days of returning to the state to the Department of Law
273 Enforcement, for a certificate of possession with respect to
274 such assault weapon or large-capacity magazine. The certificate
275 must contain a description of the assault weapon or large
276 capacity magazine which identifies it uniquely, including all
277 identification marks; the full name, address, date of birth, and
278 thumbprint of the owner; and any other information as the
279 department may deem appropriate. The department shall adopt
280 rules no later than January 1, 2022, to establish procedures
281 with respect to the application for, and issuance of,
282 certificates of possession pursuant to this section. The
283 thumbprint of the applicant shall be taken by a law enforcement
284 agency or the Department of Law Enforcement together with any
285 personal identifying information required by federal law to
286 process fingerprints. Charges for thumbprint services under this
287 paragraph are not subject to the sales tax on fingerprint
288 services imposed in s. 212.05(1)(i). The Department of Law
289 Enforcement shall conduct a background investigation pursuant to
290 this subsection.
291 (b) A certificate of possession issued under this
292 subsection must be in substantially the following form:
293 CERTIFICATE OF POSSESSION OF ASSAULT WEAPON
294 Certificate Number:
295 Owner’s name: (Last, First, Middle)
296 Address: (Number, Street, City or Town, State, Zip Code) NO
297 P.O. Boxes
298 Date of Birth:
299 Social Security Number (Optional, but will help prevent
300 misidentification):
301 Driver License Number and State:
302 Manufacturer: Importer: Serial Number: Model: Caliber: Unique
303 I.D./Markings:
304 Signature of Owner
305 Applicant’s Right Thumbprint
306 (c) An assault weapon or a large-capacity magazine
307 possessed pursuant to this section may not be sold or
308 transferred on or after January 1, 2022, to a person within this
309 state other than to a licensed gun dealer, as provided in
310 subsection (5), or by a bequest or intestate succession. A
311 person who obtains title to an assault weapon or a large
312 capacity magazine for which a certificate of possession has been
313 issued under this section by bequest or intestate succession
314 shall, within 90 days of obtaining title, apply to the
315 Department of Law Enforcement for a certificate of possession as
316 provided in paragraph (a), render the assault weapon or large
317 capacity magazine permanently inoperable, sell the weapon or
318 large-capacity magazine to a licensed gun dealer, or remove the
319 weapon or large-capacity magazine from the state. A person who
320 moves into the state in lawful possession of an assault weapon
321 or a large-capacity magazine shall, within 90 days, either
322 render the weapon or large-capacity magazine permanently
323 inoperable, sell the weapon or large-capacity magazine to a
324 licensed gun dealer, or remove the weapon or large-capacity
325 magazine from this state. This paragraph does not apply to a
326 person who is a member of the military or naval forces of this
327 state or of the United States, is in lawful possession of an
328 assault weapon or a large-capacity magazine, and has been
329 transferred into the state after October 1, 2022.
330 (d) A person who has been issued a certificate of
331 possession for an assault weapon or a large-capacity magazine
332 under this section may possess it only under the following
333 conditions:
334 1. At that person’s residence, place of business, or other
335 property owned by that person, or on property owned by another
336 person with the owner’s express permission;
337 2. While on the premises of a target range of a public or
338 private club or organization organized for the purpose of
339 practicing shooting at targets;
340 3. While on a target range that holds a regulatory or
341 business license for the purpose of practicing shooting at that
342 target range;
343 4. While on the premises of a licensed shooting club;
344 5. While attending any exhibition, display, or educational
345 project that is about firearms and is sponsored by, conducted
346 under the auspices of, or approved by a law enforcement agency
347 or a nationally or state-recognized entity that fosters
348 proficiency in, or promotes education about, firearms; or
349 6. While transporting the assault weapon or large-capacity
350 magazine between any of the places mentioned in this subsection,
351 or to any licensed gun dealer for servicing or repair pursuant
352 to paragraph (7)(b), provided the assault weapon or large
353 capacity magazine is transported as required by subsection (7).
354 (e) If an applicant for a certificate of possession under
355 this subsection fails to qualify for such a certificate after
356 the investigation required under this subsection, the applicant
357 shall arrange to relinquish all assault weapons or large
358 capacity magazines in his or her possession as provided in
359 subsection (7) within 10 days of issuance of the notice of such
360 failure. Such an applicant who fails to make such an arrangement
361 within the time specified in this paragraph is thereafter in
362 violation of this section.
363 (5) CERTIFICATE OF TRANSFER.—If an owner of an assault
364 weapon or a large-capacity magazine sells or transfers the
365 weapon or magazine to a licensed gun dealer, he or she shall, at
366 the time of delivery of the weapon, execute a certificate of
367 transfer and cause the certificate to be mailed or delivered to
368 the Department of Law Enforcement. The certificate shall
369 contain:
370 (a) The date of sale or transfer.
371 (b) The name and address of the seller or transferor and
372 the licensed gun dealer and their social security numbers or
373 driver license numbers.
374 (c) The licensed gun dealer’s federal firearms license
375 number.
376 (d) A description of the weapon, including the caliber of
377 the weapon and its make, model, and serial number.
378 (e) Any other information the Department of Law Enforcement
379 prescribes.
380
381 The licensed gun dealer shall present his or her driver license
382 or social security card and federal firearms license to the
383 seller or transferor for inspection at the time of purchase or
384 transfer. The Department of Law Enforcement shall maintain a
385 file of all certificates of transfer at its headquarters.
386 (6) RELINQUISHMENT.—An individual may arrange in advance to
387 relinquish an assault weapon or a large-capacity magazine to a
388 law enforcement agency as defined in s. 934.02 or to the
389 Department of Law Enforcement. The assault weapon or large
390 capacity magazine shall be transported in accordance with
391 subsection (7).
392 (7) TRANSPORTATION.—
393 (a) A licensed gun dealer who lawfully purchases for resale
394 out of state an assault weapon or a large-capacity magazine
395 pursuant to subsection (2) may transport the assault weapon or
396 large-capacity magazine between dealers or out of the state, but
397 no person shall carry a loaded assault weapon concealed from
398 public view or knowingly have in any motor vehicle owned,
399 operated, or occupied by him a loaded assault weapon or an
400 unloaded assault weapon, unless such weapon is kept in the trunk
401 of such vehicle or in a case or other container that is
402 inaccessible to the operator of or any passenger in such
403 vehicle. A person who violates this subsection commits a
404 misdemeanor of the second degree, punishable as provided in s.
405 775.082 or s. 775.083. Any licensed gun dealer may display the
406 assault weapon or large-capacity magazine at any gun show or
407 sell it to a buyer outside the state.
408 (b) Any licensed gun dealer may transfer possession of any
409 assault weapon or large-capacity magazine received pursuant to
410 paragraph (a) to a gunsmith for purposes of accomplishing
411 service or repair of the same. Transfers are permissible only to
412 the following persons:
413 1. A gunsmith who is in the dealer’s employ; or
414 2. A gunsmith with whom the dealer has contracted for
415 gunsmithing services, provided the gunsmith receiving the
416 assault weapon holds a dealer’s license issued pursuant to
417 chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss.
418 921 et seq., and the regulations issued pursuant thereto.
419 (8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
420 NOT PROHIBITED.—This section does not prohibit any person, firm,
421 or corporation engaged in the business of manufacturing assault
422 weapons or large-capacity magazines in this state from
423 manufacturing or transporting assault weapons or large-capacity
424 magazines in this state for sale within this state in accordance
425 with subparagraph (2)(c)1. or for sale outside this state.
426 (9) EXCEPTION.—This section does not apply to any firearm
427 modified to render it permanently inoperable.
428 Section 2. Paragraph (a) of subsection (3) of section
429 775.087, Florida Statutes, is amended to read:
430 775.087 Possession or use of weapon; aggravated battery;
431 felony reclassification; minimum sentence.—
432 (3)(a)1. Any person who is convicted of a felony or an
433 attempt to commit a felony, regardless of whether the use of a
434 firearm is an element of the felony, and the conviction was for:
435 a. Murder;
436 b. Sexual battery;
437 c. Robbery;
438 d. Burglary;
439 e. Arson;
440 f. Aggravated battery;
441 g. Kidnapping;
442 h. Escape;
443 i. Sale, manufacture, delivery, or intent to sell,
444 manufacture, or deliver any controlled substance;
445 j. Aircraft piracy;
446 k. Aggravated child abuse;
447 l. Aggravated abuse of an elderly person or disabled adult;
448 m. Unlawful throwing, placing, or discharging of a
449 destructive device or bomb;
450 n. Carjacking;
451 o. Home-invasion robbery;
452 p. Aggravated stalking; or
453 q. Trafficking in cannabis, trafficking in cocaine, capital
454 importation of cocaine, trafficking in illegal drugs, capital
455 importation of illegal drugs, trafficking in phencyclidine,
456 capital importation of phencyclidine, trafficking in
457 methaqualone, capital importation of methaqualone, trafficking
458 in amphetamine, capital importation of amphetamine, trafficking
459 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
460 (GHB), trafficking in 1,4-Butanediol, trafficking in
461 Phenethylamines, or other violation of s. 893.135(1);
462
463 and during the commission of the offense, such person possessed
464 a semiautomatic firearm and its high-capacity detachable box
465 magazine, an assault weapon or a large-capacity magazine as
466 those terms are defined in s. 790.301, or a machine gun as
467 defined in s. 790.001, shall be sentenced to a minimum term of
468 imprisonment of 15 years.
469 2. Any person who is convicted of a felony or an attempt to
470 commit a felony listed in subparagraph (a)1., regardless of
471 whether the use of a weapon is an element of the felony, and
472 during the course of the commission of the felony such person
473 discharged a semiautomatic firearm and its high-capacity box
474 magazine, an assault weapon or a large-capacity magazine as
475 those terms are defined in s. 790.301, or a “machine gun” as
476 defined in s. 790.001 shall be sentenced to a minimum term of
477 imprisonment of 20 years.
478 3. Any person who is convicted of a felony or an attempt to
479 commit a felony listed in subparagraph (a)1., regardless of
480 whether the use of a weapon is an element of the felony, and
481 during the course of the commission of the felony such person
482 discharged a semiautomatic firearm and its high-capacity box
483 magazine, an assault weapon or a large-capacity magazine as
484 those terms are defined in s. 790.301, or a “machine gun” as
485 defined in s. 790.001 and, as the result of the discharge, death
486 or great bodily harm was inflicted upon any person, the
487 convicted person shall be sentenced to a minimum term of
488 imprisonment of not less than 25 years and not more than a term
489 of imprisonment of life in prison.
490 Section 3. If any provision of this act or its application
491 to any person or circumstance is held invalid, the invalidity
492 does not affect other provisions or applications of the act
493 which can be given effect without the invalid provision or
494 application, and to this end the provisions of this act are
495 severable.
496 Section 4. This act shall take effect October 1, 2021.