Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì403356+Î403356                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/03/2018 05:57 PM       .                                
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       Senator Stewart moved the following:
       
    1         Senate Amendment to Substitute Amendment (726990) (with
    2  title amendment)
    3  
    4         Between lines 327 and 328
    5  insert:
    6         Section 10. Section 790.30, Florida Statutes, is created to
    7  read:
    8         790.30Assault weapons.
    9         (1)DEFINITIONS.—As used in this section, the term:
   10         (a)“Assault weapon” means:
   11         1. A selective-fire firearm capable of fully automatic,
   12  semiautomatic, or burst fire at the option of the user.
   13         2.A part or combination of parts that converts a firearm
   14  into an assault weapon, or any combination of parts from which
   15  an assault weapon may be assembled if those parts are in the
   16  possession or under the control of the same person.
   17         3.A semiautomatic firearm that meets the criteria of one
   18  of the following sub-subparagraphs:
   19         a.A semiautomatic rifle that has an ability to accept a
   20  detachable magazine and that has one or more of the following:
   21         (I)A folding or telescoping stock.
   22         (II)A pistol grip that protrudes conspicuously beneath the
   23  action of the weapon or any feature functioning as a protruding
   24  grip that can be held by the nontrigger hand or a thumbhole
   25  stock.
   26         (III)A bayonet mount.
   27         (IV)A flash suppressor or threaded barrel designed to
   28  accommodate a flash suppressor.
   29         (V)A grenade launcher.
   30         (VI)A shroud that is attached to the barrel, or that
   31  partially or completely encircles the barrel and allows the
   32  bearer to hold the firearm with the nontrigger hand without
   33  being burned, but excluding a slide that encloses the barrel.
   34         b.A semiautomatic pistol that has an ability to accept a
   35  detachable magazine and that has one or more of the following:
   36         (I)The capacity to accept an ammunition magazine that
   37  attaches to the pistol at any location outside the pistol grip.
   38         (II)A threaded barrel capable of accepting a barrel
   39  extender, flash suppressor, forward handgrip, or silencer.
   40         (III)A slide that encloses the barrel and that allows the
   41  shooter to hold the firearm with the nontrigger hand without
   42  being burned.
   43         (IV)A manufactured weight of 50 ounces or more when the
   44  pistol is unloaded.
   45         (V)A semiautomatic version of an automatic firearm.
   46         (VI)Any feature capable of functioning as a protruding
   47  grip that can be held by the nontrigger hand.
   48         (VII)A folding, telescoping, or thumbhole stock.
   49         c.A semiautomatic shotgun that has one or more of the
   50  following:
   51         (I)A folding or telescoping stock.
   52         (II)A pistol grip that protrudes conspicuously beneath the
   53  action of the weapon.
   54         (III)A thumbhole stock.
   55         (IV)A fixed-magazine capacity in excess of 5 rounds.
   56         (V)An ability to accept a detachable magazine.
   57         d.A semiautomatic pistol or a semiautomatic, centerfire,
   58  or rimfire rifle with a fixed magazine that has the capacity to
   59  accept more than 10 rounds of ammunition.
   60         e.A part or combination of parts designed or intended to
   61  convert a firearm into an assault weapon, or any combination of
   62  parts from which an assault weapon may be assembled if those
   63  parts are in the possession or under the control of the same
   64  person.
   65         (b)“Detachable magazine” means an ammunition feeding
   66  device that can be removed from a firearm without disassembly of
   67  the firearm action.
   68         (c)“Fixed magazine” means an ammunition feeding device
   69  contained in, or permanently attached to, a firearm in such a
   70  manner that the device cannot be removed without disassembly of
   71  the firearm action.
   72         (d)“Large-capacity magazine” means any ammunition feeding
   73  device with the capacity to accept more than 7 rounds, or any
   74  conversion kit, part, or combination of parts from which such a
   75  device can be assembled if those parts are in the possession or
   76  under the control of the same person, but does not include any
   77  of the following:
   78         1.A feeding device that has been permanently altered so
   79  that it cannot accommodate more than 7 rounds;
   80         2.A .22 caliber tube ammunition feeding device; or
   81         3.A tubular magazine that is contained in a lever-action
   82  firearm.
   83         (e)“Licensed gun dealer” means a person who has a federal
   84  firearms license.
   85         (2)SALE OR TRANSFER.—
   86         (a)A person may not import into this state or, within this
   87  state, distribute, transport, sell, keep for sale, offer or
   88  expose for sale, or give an assault weapon or large-capacity
   89  magazine. Except as provided in paragraph (b), any person who
   90  violates this paragraph commits a felony of the third degree,
   91  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   92         (b)A person may not transfer, sell, or give an assault
   93  weapon or large-capacity magazine to a person under 21 years of
   94  age. Any person who violates this paragraph commits a felony of
   95  the second degree, punishable as provided in s. 775.082, s.
   96  775.083, or s. 775.084.
   97         (c)Paragraph (a) does not apply to:
   98         1.The sale of assault weapons or large-capacity magazines
   99  to the Department of Law Enforcement, to a law enforcement
  100  agency as defined in s. 934.02, to the Department of
  101  Corrections, or to the military, air, or naval forces of this
  102  state or the United States for use in the discharge of their
  103  official duties.
  104         2.A person who is the executor or administrator of an
  105  estate that includes an assault weapon or large-capacity
  106  magazine which is disposed of as authorized by the probate
  107  court, if the disposition is otherwise authorized under this
  108  section.
  109         3.The transfer by bequest or intestate succession of an
  110  assault weapon or large-capacity magazine.
  111         (3)POSSESSION.—
  112         (a)Except as otherwise provided in this section or
  113  authorized by any other law, a person may not, within this
  114  state, possess an assault weapon or large-capacity magazine. Any
  115  person who violates this paragraph commits a felony of the third
  116  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  117  775.084.
  118         (b)Paragraph (a) does not apply to the possession of an
  119  assault weapon or large-capacity magazine by a member or
  120  employee of the Department of Law Enforcement, a law enforcement
  121  agency as defined in s. 934.02, the Department of Corrections,
  122  or the military, air, or naval forces of this state or of the
  123  United States for use in the discharge of his or her official
  124  duties; nor does this section prohibit the possession or use of
  125  an assault weapon or large-capacity magazine by a sworn member
  126  of one of these agencies when on duty and when the use is within
  127  the scope of his or her duties.
  128         (c)Paragraph (a) does not apply to the possession of an
  129  assault weapon or large-capacity magazine by any person before
  130  July 1, 2019, if all of the following are applicable:
  131         1.The person is eligible to apply for a certificate of
  132  possession for the assault weapon or large-capacity magazine by
  133  July 1, 2019;
  134         2.The person lawfully possessed the assault weapon or
  135  large-capacity magazine before October 1, 2018; and
  136         3.The person is otherwise in compliance with this section
  137  and the applicable requirements of this chapter for possession
  138  of a firearm.
  139         (d)Paragraph (a) does not apply to a person who is the
  140  executor or administrator of an estate that includes an assault
  141  weapon or large-capacity magazine, if the assault weapon or
  142  large-capacity magazine is possessed at a place authorized by
  143  the probate court.
  144  
  145  ================= T I T L E  A M E N D M E N T ================
  146  And the title is amended as follows:
  147         Delete line 2285
  148  and insert:
  149         relief; creating s. 790.30, F.S.; defining terms;
  150         prohibiting the sale or transfer of an assault weapon
  151         or large-capacity magazine; providing criminal
  152         penalties; providing applicability; providing
  153         exceptions; prohibiting possession of an assault
  154         weapon or large-capacity magazine; providing
  155         exceptions; providing applicability; providing
  156         criminal penalties; creating s. 790.401, F.S.;
  157         defining terms;