Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Stewart moved the following:
       
    1         Senate Amendment to Amendment (318628) (with title
    2  amendment)
    3  
    4         Between lines 16 and 17
    5  insert:
    6         Section 3. Intergovernmental analysis of firearms sales.—
    7         (1)DEFINITIONS.—As used in this act, the term:
    8         (a)“Assault weapon” means:
    9         1. A selective-fire firearm capable of fully automatic,
   10  semiautomatic, or burst fire at the option of the user.
   11         2. A part or combination of parts that converts a firearm
   12  into an assault weapon, or any combination of parts from which
   13  an assault weapon may be assembled if those parts are in the
   14  possession or under the control of the same person.
   15         3.A semiautomatic firearm not listed in this paragraph
   16  which meets the criteria of one of the following sub
   17  subparagraphs:
   18         a.A semiautomatic rifle that has an ability to accept a
   19  detachable magazine and that has one or more of the following:
   20         (I)A folding or telescoping stock.
   21         (II)A pistol grip that protrudes conspicuously beneath the
   22  action of the weapon or any feature functioning as a protruding
   23  grip that can be held by the nontrigger hand or a thumbhole
   24  stock.
   25         (III)A bayonet mount.
   26         (IV)A flash suppressor or threaded barrel designed to
   27  accommodate a flash suppressor.
   28         (V)A grenade launcher.
   29         (VI)A shroud that is attached to the barrel, or that
   30  partially or completely encircles the barrel and allows the
   31  bearer to hold the firearm with the nontrigger hand without
   32  being burned, but excluding a slide that encloses the barrel.
   33         b.A semiautomatic pistol that has an ability to accept a
   34  detachable magazine and that has one or more of the following:
   35         (I)The capacity to accept an ammunition magazine that
   36  attaches to the pistol at any location outside the pistol grip.
   37         (II)A threaded barrel capable of accepting a barrel
   38  extender, flash suppressor, forward handgrip, or silencer.
   39         (III)A slide that encloses the barrel and that allows the
   40  shooter to hold the firearm with the nontrigger hand without
   41  being burned.
   42         (IV)A manufactured weight of 50 ounces or more when the
   43  pistol is unloaded.
   44         (V)A semiautomatic version of an automatic firearm.
   45         (VI)Any feature capable of functioning as a protruding
   46  grip that can be held by the nontrigger hand.
   47         (VII)A folding, telescoping, or thumbhole stock.
   48         c.A semiautomatic shotgun that has one or more of the
   49  following:
   50         (I)A folding or telescoping stock.
   51         (II)A pistol grip that protrudes conspicuously beneath the
   52  action of the weapon.
   53         (III)A thumbhole stock.
   54         (IV)A fixed-magazine capacity in excess of 5 rounds.
   55         (V)An ability to accept a detachable magazine.
   56         d.A semiautomatic pistol or a semiautomatic, centerfire,
   57  or rimfire rifle with a fixed magazine that has the capacity to
   58  accept more than 10 rounds of ammunition.
   59         e.A part or combination of parts designed or intended to
   60  convert a firearm into an assault weapon, or any combination of
   61  parts from which an assault weapon may be assembled if those
   62  parts are in the possession or under the control of the same
   63  person.
   64         (b)“Detachable magazine” means an ammunition feeding
   65  device that can be removed from a firearm without disassembly of
   66  the firearm action.
   67         (c)“Fixed magazine” means an ammunition feeding device
   68  contained in, or permanently attached to, a firearm in such a
   69  manner that the device cannot be removed without disassembly of
   70  the firearm action.
   71         (d)“Large-capacity magazine” means any ammunition feeding
   72  device with the capacity to accept more than 7 rounds, or any
   73  conversion kit, part, or combination of parts from which such a
   74  device can be assembled if those parts are in the possession or
   75  under the control of the same person, but does not include any
   76  of the following:
   77         1.A feeding device that has been permanently altered so
   78  that it cannot accommodate more than 7 rounds;
   79         2.A .22 caliber tube ammunition feeding device; or
   80         3.A tubular magazine that is contained in a lever-action
   81  firearm.
   82         (2)The Legislature finds that firearms sales and its nexus
   83  with mental health constitutes a public crisis that necessitates
   84  prudent, well-considered regulation. As such, the Department of
   85  Law Enforcement shall, with the aid of appropriate state and
   86  federal agencies, undertake an analysis of the need for new or
   87  different regulation of the sale of firearms in this state. This
   88  analysis must include input from local, state, and federal law
   89  enforcement agencies; the Office of Safe Schools; and the
   90  public. The analysis must evaluate the efficacy and necessity of
   91  additional state and local laws, ordinances, or regulations
   92  relating to the sale of firearms. To ensure consistent and
   93  effective implementation, the Department of Law Enforcement
   94  shall submit a report with conclusions and recommendations to
   95  the Governor and the Legislature no later than January 1, 2019.
   96  Until such time as the Legislature has the opportunity to review
   97  and adopt such recommendations from the department, an assault
   98  weapon, a detachable magazine, a fixed magazine, or a large
   99  capacity magazine, as those terms are defined in this act, may
  100  not be sold, distributed, transferred or conveyed, kept for
  101  sale, offered, or exposed for sale.
  102  
  103  ================= T I T L E  A M E N D M E N T ================
  104  And the title is amended as follows:
  105         Delete line 2437
  106  and insert:
  107         title; providing legislative findings; defining terms;
  108         providing legislative intent; requiring the Department
  109         of Law Enforcement, with the aid of appropriate state
  110         and federal agencies, to analyze the need for changes
  111         in the regulation of firearms sales in this state;
  112         requiring the analysis to include input from specified
  113         persons; requiring the analysis to make certain
  114         evaluations; requiring the department to submit a
  115         report by a certain date to the Governor and the
  116         Legislature; prohibiting the sale, distribution,
  117         transfer or conveyance, or offering for sale of an
  118         assault weapon or certain types of magazines until the
  119         Legislature has the opportunity to review and adopt
  120         such recommendations from the department; amending