Florida Senate - 2018                                     SB 456
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00711-18                                            2018456__
    1                        A bill to be entitled                      
    2         An act relating to bump-fire stocks; creating s.
    3         790.34, F.S.; defining the term “bump-fire stock”;
    4         prohibiting the importation, transfer, distribution,
    5         transport, sale, giving, or possession of a bump-fire
    6         stock in this state; creating penalties; authorizing a
    7         person to relinquish a bump-fire stock to a law
    8         enforcement agency or the Department of Law
    9         Enforcement; requiring a person who does not
   10         relinquish a bump-fire stock to destroy the device and
   11         render it inoperable; requiring the law enforcement
   12         agency or the department to destroy the bump-fire
   13         stock; providing applicability; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 790.34, Florida Statutes, is created to
   19  read:
   20         790.34 Prohibited device for firearm.—
   21         (1) DEFINITION.—As used in this section, the term “bump
   22  fire stock” means a gun conversion kit, a tool, an accessory, or
   23  a device used to alter the rate of fire of a firearm to mimic
   24  automatic weapon fire or which is used to increase the rate of
   25  fire of a semiautomatic firearm to a faster rate than is
   26  possible for a person to fire such semiautomatic firearm
   27  unassisted by a kit, a tool, an accessory, or a device.
   28         (2) SALE OR TRANSFER.—A person may not import into this
   29  state or, within this state, transfer, distribute, transport,
   30  sell, keep for sale, offer or expose for sale, or give a bump
   31  fire stock to another person. A person who violates this
   32  subsection commits a felony of the third degree, punishable as
   33  provided in s. 775.082, s. 775.083, or s. 775.084.
   34         (3) POSSESSION.—A person may not, within this state,
   35  possess a bump-fire stock. A person who violates this subsection
   36  commits a felony of the third degree, punishable as provided in
   37  s. 775.082, s. 775.083, or s. 775.084.
   38         (4) RELINQUISHMENT AND DESTRUCTION.—A person who owns or is
   39  in possession of a bump-fire stock may arrange in advance to
   40  relinquish the device to a law enforcement agency, as defined in
   41  s. 934.02, or the Department of Law Enforcement or, if the bump
   42  fire stock is not relinquished, the person must destroy and
   43  render inoperable the device. The law enforcement agency or the
   44  department must destroy any relinquished or acquired bump-fire
   45  stock within a reasonable time.
   46         (5) APPLICABILITY.—This section does not apply to a law
   47  enforcement agency or the Department of Law Enforcement after
   48  taking possession of a bump-fire stock through relinquishment or
   49  other lawful means or while preparing to destroy the device.
   50         Section 2. This act shall take effect October 1, 2018.