Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì919946WÎ919946                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/03/2018 01:21 PM       .                                
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       Senator Stewart moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 259 and 260
    4  insert:
    5         Section 3. Intergovernmental analysis of firearms sales.—
    6         (1)DEFINITIONS.—As used in this act, the term:
    7         (a)“Assault weapon” means:
    8         1. A selective-fire firearm capable of fully automatic,
    9  semiautomatic, or burst fire at the option of the user.
   10         2. A part or combination of parts that converts a firearm
   11  into an assault weapon, or any combination of parts from which
   12  an assault weapon may be assembled if those parts are in the
   13  possession or under the control of the same person.
   14         3.A semiautomatic firearm not listed in this paragraph
   15  which meets the criteria of one of the following sub
   16  subparagraphs:
   17         a.A semiautomatic rifle that has an ability to accept a
   18  detachable magazine and that has one or more of the following:
   19         (I)A folding or telescoping stock.
   20         (II)A pistol grip that protrudes conspicuously beneath the
   21  action of the weapon or any feature functioning as a protruding
   22  grip that can be held by the nontrigger hand or a thumbhole
   23  stock.
   24         (III)A bayonet mount.
   25         (IV)A flash suppressor or threaded barrel designed to
   26  accommodate a flash suppressor.
   27         (V)A grenade launcher.
   28         (VI)A shroud that is attached to the barrel, or that
   29  partially or completely encircles the barrel and allows the
   30  bearer to hold the firearm with the nontrigger hand without
   31  being burned, but excluding a slide that encloses the barrel.
   32         b.A semiautomatic pistol that has an ability to accept a
   33  detachable magazine and that has one or more of the following:
   34         (I)The capacity to accept an ammunition magazine that
   35  attaches to the pistol at any location outside the pistol grip.
   36         (II)A threaded barrel capable of accepting a barrel
   37  extender, flash suppressor, forward handgrip, or silencer.
   38         (III)A slide that encloses the barrel and that allows the
   39  shooter to hold the firearm with the nontrigger hand without
   40  being burned.
   41         (IV)A manufactured weight of 50 ounces or more when the
   42  pistol is unloaded.
   43         (V)A semiautomatic version of an automatic firearm.
   44         (VI)Any feature capable of functioning as a protruding
   45  grip that can be held by the nontrigger hand.
   46         (VII)A folding, telescoping, or thumbhole stock.
   47         c.A semiautomatic shotgun that has one or more of the
   48  following:
   49         (I)A folding or telescoping stock.
   50         (II)A pistol grip that protrudes conspicuously beneath the
   51  action of the weapon.
   52         (III)A thumbhole stock.
   53         (IV)A fixed-magazine capacity in excess of 5 rounds.
   54         (V)An ability to accept a detachable magazine.
   55         d.A semiautomatic pistol or a semiautomatic, centerfire,
   56  or rimfire rifle with a fixed magazine that has the capacity to
   57  accept more than 10 rounds of ammunition.
   58         e.A part or combination of parts designed or intended to
   59  convert a firearm into an assault weapon, or any combination of
   60  parts from which an assault weapon may be assembled if those
   61  parts are in the possession or under the control of the same
   62  person.
   63         (b)“Detachable magazine” means an ammunition feeding
   64  device that can be removed from a firearm without disassembly of
   65  the firearm action.
   66         (c)“Fixed magazine” means an ammunition feeding device
   67  contained in, or permanently attached to, a firearm in such a
   68  manner that the device cannot be removed without disassembly of
   69  the firearm action.
   70         (d)“Large-capacity magazine” means any ammunition feeding
   71  device with the capacity to accept more than 7 rounds, or any
   72  conversion kit, part, or combination of parts from which such a
   73  device can be assembled if those parts are in the possession or
   74  under the control of the same person, but does not include any
   75  of the following:
   76         1.A feeding device that has been permanently altered so
   77  that it cannot accommodate more than 7 rounds;
   78         2.A .22 caliber tube ammunition feeding device; or
   79         3.A tubular magazine that is contained in a lever-action
   80  firearm.
   81         (2)The Legislature finds that firearms sales and its nexus
   82  with mental health constitutes a public crisis that necessitates
   83  prudent, well-considered regulation. As such, the Department of
   84  Law Enforcement shall, with the aid of appropriate state and
   85  federal agencies, undertake an analysis of the need for new or
   86  different regulation of the sale of firearms in this state. This
   87  analysis must include input from local, state, and federal law
   88  enforcement agencies; the Office of Safe Schools; and the
   89  public. The analysis must evaluate the efficacy and necessity of
   90  additional state and local laws, ordinances, or regulations
   91  relating to the sale of firearms. To ensure consistent and
   92  effective implementation, the Department of Law Enforcement
   93  shall submit a report with conclusions and recommendations to
   94  the Governor and the Legislature no later than January 1, 2019.
   95  Until such time as the Legislature has the opportunity to review
   96  and adopt such recommendations from the department, an assault
   97  weapon, a detachable magazine, a fixed magazine, or a large
   98  capacity magazine, as those terms are defined in this act, may
   99  not be sold, distributed, transferred or conveyed, kept for
  100  sale, offered, or exposed for sale.
  101  
  102  ================= T I T L E  A M E N D M E N T ================
  103  And the title is amended as follows:
  104         Delete line 3
  105  and insert:
  106         title; providing legislative findings; defining terms;
  107         providing legislative intent; requiring the Department
  108         of Law Enforcement, with the aid of appropriate state
  109         and federal agencies, to analyze the need for changes
  110         in the regulation of firearms sales in this state;
  111         requiring the analysis to include input from specified
  112         persons; requiring the analysis to make certain
  113         evaluations; requiring the department to submit a
  114         report by a certain date to the Governor and the
  115         Legislature; prohibiting the sale, distribution,
  116         transfer or conveyance, or offering for sale of an
  117         assault weapon or certain types of magazines until the
  118         Legislature has the opportunity to review and adopt
  119         such recommendations from the department; creating s.