Bill Text: FL S0794 | 2020 | Regular Session | Introduced


Bill Title: Large-capacity Magazines

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S0794 Detail]

Download: Florida-2020-S0794-Introduced.html
       Florida Senate - 2020                                     SB 794
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00927A-20                                           2020794__
    1                        A bill to be entitled                      
    2         An act relating to large-capacity magazines; creating
    3         s. 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 large-capacity magazines; providing
    7         criminal penalties; providing applicability;
    8         prohibiting the possession of large-capacity
    9         magazines; providing exceptions; providing criminal
   10         penalties; providing applicability; requiring
   11         certificates of possession for large-capacity
   12         magazines lawfully possessed before a specified date;
   13         requiring the Department of Law Enforcement to adopt
   14         rules by a certain date; limiting transfers of large
   15         capacity magazines represented by certificates of
   16         possession; providing conditions for continued
   17         possession of such large-capacity magazines; requiring
   18         certificates of transfer for transfers of large
   19         capacity magazines; requiring the department to
   20         maintain a file of all certificates of transfer;
   21         providing for relinquishment of large-capacity
   22         magazines; specifying requirements for transportation
   23         of large-capacity magazines; providing criminal
   24         penalties; specifying circumstances in which the
   25         manufacture or transportation of large-capacity
   26         magazines is not prohibited; exempting permanently
   27         inoperable large-capacity magazines; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 790.30, Florida Statutes, is created to
   33  read:
   34         790.30Large-capacity magazines.—
   35         (1)DEFINITIONS.—As used in this section, the term:
   36         (a)“Large-capacity magazine” means any ammunition feeding
   37  device with the capacity to accept more than 10 rounds, or any
   38  conversion kit, part, or combination of parts in the possession
   39  of a person from which such a device can be assembled, but does
   40  not include any of the following:
   41         1.A feeding device that has been permanently altered so
   42  that it cannot accommodate more than 10 rounds;
   43         2.A .22 caliber tube ammunition feeding device; or
   44         3.A tubular magazine that is contained in a lever-action
   45  firearm.
   46         (b)“Licensed gun dealer” means a person who has a federal
   47  firearms license.
   48         (2)SALE OR TRANSFER.—
   49         (a)A person may not import a large-capacity magazine into
   50  this state or distribute, transport, transfer, sell, keep for
   51  sale, offer or expose for sale, or give a large-capacity
   52  magazine within this state.
   53         1. Except as provided in subparagraph 2., any person who
   54  violates this paragraph commits a felony of the third degree,
   55  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   56  with a mandatory minimum term of imprisonment of 2 years.
   57         2.Any person who transfers, sells, or gives a large
   58  capacity magazine to a person under 21 years of age commits a
   59  felony of the second degree, punishable as provided in s.
   60  775.082, s. 775.083, or s. 775.084, with a mandatory minimum
   61  term of imprisonment of 6 years.
   62         (b)Paragraph (a) does not apply to:
   63         1.The sale of a large-capacity magazine to the Department
   64  of Law Enforcement, a law enforcement agency as defined in s.
   65  934.02, the Department of Corrections, or the Armed Forces of
   66  the United States or of this state for use in the discharge of
   67  their official duties.
   68         2.A person who is the executor or administrator of an
   69  estate that includes a large-capacity magazine for which a
   70  certificate of possession has been issued under subsection (4)
   71  and which is disposed of as authorized by the probate court, if
   72  the disposition is otherwise authorized under this section.
   73         3.The transfer by bequest or intestate succession of a
   74  large-capacity magazine for which a certificate of possession
   75  has been issued under subsection (4).
   76         (3)POSSESSION.—
   77         (a)Except as provided in subsection (5) or otherwise
   78  provided in this section or authorized by any other law, a
   79  person may not possess a large-capacity magazine within this
   80  state. Any person who violates this paragraph commits a felony
   81  of the third degree, punishable as provided in s. 775.082, s.
   82  775.083, or s. 775.084, with a mandatory minimum term of
   83  imprisonment of 1 year.
   84         (b)Paragraph (a) does not apply to:
   85         1. The possession of a large-capacity magazine by a sworn
   86  member or employee of the Department of Law Enforcement, a law
   87  enforcement agency as defined in s. 934.02, the Department of
   88  Corrections, or the Armed Forces of the United States or of this
   89  state for use in the discharge of his or her official duties,
   90  and this section does not prohibit the possession or use of a
   91  large-capacity magazine by a sworn member of one of these
   92  agencies when on duty and the use is within the scope of his or
   93  her duties.
   94         2.The possession of a large-capacity magazine by any
   95  person before July 1, 2021, if that person:
   96         a.Is eligible to apply for a certificate of possession for
   97  the large-capacity magazine by July 1, 2021;
   98         b.Lawfully possessed the large-capacity magazine before
   99  October 1, 2020; and
  100         c.Is otherwise in compliance with this section and the
  101  applicable requirements of this chapter for possession of a
  102  firearm.
  103         3.A person who is the executor or administrator of an
  104  estate that includes a large-capacity magazine for which a
  105  certificate of possession has been issued under subsection (4),
  106  if the large-capacity magazine is possessed at a place specified
  107  in subparagraph (4)(c)1. or as authorized by the probate court.
  108         (4)CERTIFICATE OF POSSESSION.—
  109         (a)Any person who lawfully possesses a large-capacity
  110  magazine before October 1, 2020, shall apply to the Department
  111  of Law Enforcement by October 1, 2021, for a certificate of
  112  possession with respect to such large-capacity magazine, unless
  113  he or she is a member of the Armed Forces of the United States
  114  or of this state and cannot comply because he or she is or was
  115  on official duty outside this state, in which case he or she
  116  must apply within 90 days after returning to this state. The
  117  certificate must contain a description of the large-capacity
  118  magazine which identifies the large-capacity magazine uniquely,
  119  including all identifying marks; the full name, address, date of
  120  birth, and thumbprint of the owner; and any other information as
  121  the department deems appropriate. The department shall adopt
  122  rules no later than January 1, 2021, to establish procedures
  123  with respect to the application for, and issuance of,
  124  certificates of possession under this section.
  125         (b)1. A large-capacity magazine lawfully possessed in
  126  accordance with this section may not be sold or transferred on
  127  or after January 1, 2021, to any person within this state other
  128  than to a licensed gun dealer, as provided in subsection (5), or
  129  by a bequest or intestate succession.
  130         2. A person who obtains ownership of a large-capacity
  131  magazine for which a certificate of possession has been issued
  132  under this subsection shall apply, within 90 days after
  133  obtaining ownership, to the Department of Law Enforcement for a
  134  certificate of possession, render the large-capacity magazine
  135  permanently inoperable, sell the large-capacity magazine to a
  136  licensed gun dealer, or remove the large-capacity magazine from
  137  this state.
  138         3. A person who moves into this state and who is in lawful
  139  possession of a large-capacity magazine shall, within 90 days,
  140  either render the large-capacity magazine permanently
  141  inoperable, sell the large-capacity magazine to a licensed gun
  142  dealer, or remove the large-capacity magazine from this state,
  143  unless the person is a member of the Armed Forces of the United
  144  States or of this state, is in lawful possession of a large
  145  capacity magazine, and has been transferred to the state after
  146  October 1, 2021.
  147         (c)A person who has been issued a certificate of
  148  possession for a large-capacity magazine under this subsection
  149  may possess it only if the person is:
  150         1.At the residence, the place of business, or any other
  151  property owned by that person, or on a property owned by another
  152  person with the owner’s express permission;
  153         2.On the premises of a target range of a public or private
  154  club or organization organized for the purpose of practicing
  155  shooting at targets;
  156         3.On a target range that holds a regulatory or business
  157  license for the purpose of practicing shooting at that target
  158  range;
  159         4.On the premises of a licensed shooting club;
  160         5.Attending an exhibition, display, or educational program
  161  on firearms which is sponsored by, conducted under the auspices
  162  of, or approved by a law enforcement agency or a nationally or
  163  state-recognized entity that fosters proficiency in, or promotes
  164  education about, firearms; or
  165         6.Transporting the large-capacity magazine between any of
  166  the places identified in this paragraph, or from or to any
  167  licensed gun dealer for servicing or repair pursuant to
  168  paragraph (7)(b), provided that the large-capacity magazine is
  169  transported as required by subsection (7).
  170         (5)CERTIFICATE OF TRANSFER.—If the owner of a large
  171  capacity magazine sells or transfers the magazine to a licensed
  172  gun dealer, the licensed gun dealer must, at the time of
  173  delivery of the magazine, execute a certificate of transfer and
  174  cause the certificate to be mailed or delivered to the
  175  Department of Law Enforcement. The certificate must contain all
  176  of the following:
  177         (a)The date of sale or transfer.
  178         (b)The names and addresses of the seller or transferor and
  179  the licensed gun dealer and their social security numbers or
  180  driver license numbers.
  181         (c)The licensed gun dealer’s federal firearms license
  182  number.
  183         (d)A description of the magazine.
  184         (e)Any other information required by the Department of Law
  185  Enforcement.
  186  
  187  The licensed gun dealer shall present his or her driver license
  188  or social security card and federal firearms license to the
  189  seller or transferor for inspection at the time of purchase or
  190  transfer. The Department of Law Enforcement shall maintain a
  191  file of all certificates of transfer at its headquarters.
  192         (6)RELINQUISHMENT.—An individual may arrange in advance to
  193  relinquish a large-capacity magazine to a law enforcement
  194  agency, as defined in s. 934.02, or the Department of Law
  195  Enforcement. The large-capacity magazine must be transported in
  196  accordance with subsection (7).
  197         (7)TRANSPORTATION.—
  198         (a)A licensed gun dealer who lawfully purchases for resale
  199  a large-capacity magazine pursuant to subsection (2) may
  200  transport the large-capacity magazine between licensed gun
  201  dealers or out of this state, but a person may not carry a
  202  loaded large-capacity magazine concealed from public view,
  203  unless the magazine is kept in the trunk of the vehicle or in a
  204  case or other container that is inaccessible to the operator of
  205  or any passenger in the vehicle. Any person who violates this
  206  paragraph commits a misdemeanor of the second degree, punishable
  207  as provided in s. 775.082 or s. 775.083. A licensed gun dealer
  208  may display the large-capacity magazine at any gun show or sell
  209  it to a resident outside this state.
  210         (b)A licensed gun dealer may transfer possession of any
  211  large-capacity magazine received pursuant to paragraph (a) to a
  212  gunsmith for the purpose of service or repair if that gunsmith
  213  is:
  214         1.In the licensed gun dealer’s employ; or
  215         2.Contracted by the licensed gun dealer for gunsmithing
  216  services, provided the gunsmith holds a dealer’s license issued
  217  pursuant to chapter 44 of Title 18 of the United States Code, 18
  218  U.S.C. ss. 921 et seq., and the regulations issued pursuant
  219  thereto.
  220         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  221  NOT PROHIBITED.—This section does not prohibit any person, firm,
  222  or corporation engaged in the business of manufacturing large
  223  capacity magazines in this state from manufacturing or
  224  transporting large-capacity magazines in this state for sale
  225  within this state in accordance with subparagraph (2)(b)1. or
  226  for sale outside this state.
  227         (9)EXCEPTION.—This section does not apply to any large
  228  capacity magazine modified to render it permanently inoperable.
  229         Section 2. This act shall take effect October 1, 2020.

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