Florida Senate - 2009 SB 138
By Senator Bullard
39-00235-09 2009138__
1 A bill to be entitled
2 An act relating to culpable negligence; providing a
3 short title; amending s. 784.05, F.S.; prohibiting
4 storing or leaving an assault weapon within the reach
5 or easy access of another person if the person obtains
6 the weapon and uses it to inflict injury or death;
7 providing criminal penalties; defining the term
8 “assault weapon”; amending s. 921.0022, F.S.;
9 conforming provisions of the offense severity ranking
10 chart of the Criminal Punishment Code; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. This act may be cited as the “Officer Jose
16 Somohano Assault Weapons Act.”
17 Section 2. Section 784.05, Florida Statutes, is amended to
18 read:
19 784.05 Culpable negligence.—
20 (1) As used in this section, the term “minor” means any
21 person under the age of 16.
22 (2)(1) Whoever, through culpable negligence, exposes
23 another person to personal injury commits a misdemeanor of the
24 second degree, punishable as provided in s. 775.082 or s.
25 775.083.
26 (3)(2) Whoever, through culpable negligence, inflicts
27 actual personal injury on another commits a misdemeanor of the
28 first degree, punishable as provided in s. 775.082 or s.
29 775.083.
30 (4)(3) Whoever violates subsection (2) (1) by storing or
31 leaving a loaded firearm within the reach or easy access of a
32 minor commits, if the minor obtains the firearm and uses it to
33 inflict injury or death upon himself or herself or any other
34 person, a felony of the third degree, punishable as provided in
35 s. 775.082, s. 775.083, or s. 775.084. However, this subsection
36 does not apply:
37 (a) If the firearm was stored or left in a securely locked
38 box or container or in a location which a reasonable person
39 would have believed to be secure, or was securely locked with a
40 trigger lock;
41 (b) If the minor obtains the firearm as a result of an
42 unlawful entry by any person;
43 (c) To injuries resulting from target or sport shooting
44 accidents or hunting accidents; or
45 (d) To members of the Armed Forces, National Guard, or
46 State Militia, or to police or other law enforcement officers,
47 with respect to firearm possession by a minor which occurs
48 during or incidental to the performance of their official
49 duties.
50 When any minor child is accidentally shot by another family
51 member, no arrest shall be made pursuant to this subsection
52 prior to 7 days after the date of the shooting. With respect to
53 any parent or guardian of any deceased minor, the investigating
54 officers shall file all findings and evidence with the state
55 attorney's office with respect to violations of this subsection.
56 The state attorney shall evaluate such evidence and shall take
57 such action as he or she deems appropriate under the
58 circumstances and may file an information against the
59 appropriate parties.
60 (5)(a) Whoever violates subsection (2) by storing or
61 leaving an assault weapon within the reach or easy access of
62 another person commits, if the person obtains the assault weapon
63 and uses it to inflict injury or death upon himself or herself
64 or any other person, a felony of the third degree, punishable as
65 provided in s. 775.082, s. 775.083, or s. 775.084. However, this
66 subsection does not apply:
67 1. If the assault weapon was stored or left in a securely
68 locked box or container or in a location that a reasonable
69 person would have believed to be secure, or was securely locked
70 with a trigger lock;
71 2. If the assault weapon was stolen and the owner reported
72 the theft of the assault weapon to law enforcement authorities
73 within 24 hours after the owner's knowledge of the theft;
74 3. To injuries resulting from target or sport shooting
75 accidents or hunting accidents; or
76 4. To members of the Armed Forces, National Guard, or State
77 Militia, or to police or other law enforcement officers, with
78 respect to assault firearm possession that occurs during or
79 incidental to the performance of their official duties.
80 (b)1. For purposes of this subsection, the term “assault
81 weapon” means:
82 a. A semiautomatic rifle that has an ability to accept a
83 detachable magazine and has at least two of the following
84 characteristics:
85 (I) A folding or telescoping stock;
86 (II) A pistol grip that protrudes conspicuously beneath the
87 action of the weapon;
88 (III) A bayonet mount;
89 (IV) A flash suppressor or threaded barrel designed to
90 accommodate a flash suppressor; or
91 (V) A grenade launcher;
92 b. A semiautomatic shotgun that has at least two of the
93 following characteristics:
94 (I) A folding or telescoping stock;
95 (II) A pistol grip that protrudes conspicuously beneath the
96 action of the weapon;
97 (III) A fixed magazine capacity in excess of five rounds;
98 or
99 (IV) An ability to accept a detachable magazine;
100 c. A semiautomatic pistol that has an ability to accept a
101 detachable magazine and has at least two of the following
102 characteristics:
103 (I) An ammunition magazine that attaches to the pistol
104 outside of the pistol grip;
105 (II) A threaded barrel capable of accepting a barrel
106 extender, flash suppressor, forward handgrip, or silencer;
107 (III) A shroud that is attached to, or partially or
108 completely encircles, the barrel and that permits the shooter to
109 hold the firearm with the nontrigger hand without being burned;
110 (IV) A manufactured weight of 50 ounces or more when the
111 pistol is unloaded; or
112 (V) A semiautomatic version of an automatic rifle, shotgun,
113 or firearm; or
114 d. Any of the weapons, or functioning frames or receivers
115 of such weapons, or copies or duplicates of such weapons, in any
116 caliber, known as:
117 (I) Norinco, Mitchell, and Poly Technologies Avtomat
118 Kalashnikovs (all models);
119 (II) Action Arms Israeli Military Industries UZI and Galil;
120 (III) Beretta Ar70 (SC-70);
121 (IV) Colt AR-15;
122 (V) Fabrique National FN/FAL, FN/LAR, and FNC;
123 (VI) SWD M-10, M-11, M-11/9, and M-12;
124 (VII) Steyr AUG;
125 (VIII) INTRATEC TEC-9, TEC-DC9, and TEC-22; or
126 (IX) Revolving cylinder shotguns, such as, or similar to,
127 the Street Sweeper and Striker 12.
128 2. The term does not include any rifle, shotgun, or pistol
129 that:
130 a. Is manually operated by bolt, pump, lever, or slide
131 action;
132 b. Has been rendered permanently inoperable;
133 c. Is an antique firearm as defined in 18 U.S.C. s.
134 921(a)(16);
135 d. Is a semiautomatic rifle that cannot accept a detachable
136 magazine that holds more than five rounds of ammunition;
137 e. Is a semiautomatic shotgun that cannot hold more than
138 five rounds of ammunition in a fixed or detachable magazine;
139 f. Is a rifle, shotgun, or pistol, or a replica or a
140 duplicate thereof, specified in Appendix A to 18 U.S.C. s. 922
141 as such weapon was manufactured on October 1, 1993. The mere
142 fact that a weapon is not listed in Appendix A does not mean
143 that such weapon is an assault weapon; or
144 g. Is a semiautomatic rifle, a semiautomatic shotgun, or a
145 semiautomatic pistol or any of the weapons defined in sub
146 subparagraph 1.d. lawfully possessed prior to September 14,
147 1994.
148 (4) As used in this act, the term “minor” means any person
149 under the age of 16.
150 Section 3. Paragraph (b) of subsection (3) of section
151 921.0022, Florida Statutes, is amended to read:
152 921.0022 Criminal Punishment Code; offense severity ranking
153 chart.—
154 (3) OFFENSE SEVERITY RANKING CHART
155 (b) LEVEL 2
156 FloridaStatute FelonyDegree Description
157 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
158 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
159 403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
160 517.07 3rd Registration of securities and furnishing of prospectus required.
161 590.28(1) 3rd Willful, malicious, or intentional burning.
162 784.05(4)(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
163 784.05(5) 3rd Storing or leaving an assault weapon within reach of another who uses it to inflict injury or death.
164 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
165 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
166 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
167 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
168 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
169 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
170 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
171 817.234(1)(a)2. 3rd False statement in support of insurance claim.
172 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
173 817.52(3) 3rd Failure to redeliver hired vehicle.
174 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
175 817.60(5) 3rd Dealing in credit cards of another.
176 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
177 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
178 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
179 831.01 3rd Forgery.
180 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
181 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
182 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
183 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
184 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
185 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
186 843.08 3rd Falsely impersonating an officer.
187 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
188 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
189 Section 4. This act shall take effect July 1, 2009.