House Bill 1771

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    Florida House of Representatives - 2000                HB 1771

        By Representative Wasserman Schultz






  1                      A bill to be entitled

  2         An act relating to Broward County; creating the

  3         "Broward County Assault Weapons Ban Act";

  4         defining "assault weapon" for purposes of the

  5         act; prohibiting the sale, offer or display for

  6         sale, giving, loan, transfer, acquisition, or

  7         possession of any assault weapon within Broward

  8         County, Florida; providing exceptions;

  9         requiring persons in lawful possession of an

10         assault weapon to apply for a certificate of

11         possession by October 1, 2001; providing

12         application procedures for specified members of

13         the military or armed forces; providing

14         certificate requirements; requiring the Sheriff

15         of Broward County to adopt regulations and

16         establish procedures with respect to the

17         application for and issuance of certificates of

18         possession; prohibiting the sale or transfer of

19         an assault weapon on or after October 1, 2001,

20         to any person within the state other than a

21         licensed gun dealer; providing certification

22         procedure for persons obtaining title to an

23         assault weapon obtained by bequest or intestate

24         succession; providing alternatives to

25         application for certificate of possession;

26         providing certification procedure for persons

27         moving to Broward County in lawful possession

28         of an assault weapon; providing alternatives to

29         application for certificate of possession;

30         providing procedure for specified members of

31         the military or armed forces; specifying

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    Florida House of Representatives - 2000                HB 1771

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  1         conditions under which a person who has been

  2         issued a certificate of possession for an

  3         assault weapon may use such weapon; providing

  4         for seizure and disposal of unlawful assault

  5         weapons as contraband; providing a first degree

  6         misdemeanor penalty for violation of the act;

  7         providing for enforcement of the act; providing

  8         for a referendum; providing a ballot statement;

  9         providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  This act shall be known as the "Broward

14  County Assault Weapons Ban Act," and shall be in effect within

15  the boundaries of Broward County, Florida.

16         Section 2.  Definitions.--As used in this act, the

17  following terms shall have the following meanings:

18         (1)  "Assault weapon" shall have the meaning of the

19  term "semiautomatic assault weapon" as defined in Title 18,

20  United States Code, Chapter 44, section 921(a)(30), and the

21  term "large capacity ammunition feeding device" as defined in

22  Title 18, United States Code, Chapter 44, section 921(a)(31):

23         (2)  "Person" shall have the same meaning as provided

24  in section 1.01, Florida Statutes.

25         Section 3.  Assault weapons; sale, transfer, possession

26  prohibited; exceptions; certificate of possession.--

27         (1)  Notwithstanding any provision of this act to the

28  contrary, it shall be unlawful for any person within Broward

29  County to sell, offer or display for sale, give, lend,

30  transfer ownership of, acquire, or possess any assault weapon.

31  This subsection shall not apply to:

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    Florida House of Representatives - 2000                HB 1771

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  1         (a)  The sale or transfer to, or possession by, any law

  2  enforcement officer, agent, or law enforcement employee of the

  3  Sheriff of Broward County; any law enforcement officer, agent,

  4  or employee of a municipality, state, or the United States;

  5  members of the Armed Forces of the United States; the

  6  organized militia of this or any other state; or any law

  7  enforcement officer to the extent that such officer is

  8  otherwise authorized to acquire or possess an assault weapon

  9  and is acting within the scope of his or her duties.

10         (b)  The manufacture of assault weapons.

11         (c)  The transportation of assault weapons if such

12  weapons are broken down and in a nonfunctioning state and are

13  not immediately accessible to any person.

14         (2)(a)  Any person who lawfully possesses an assault

15  weapon, as defined in section 2 of this act, prior to October

16  1, 2001, shall, by October 1, 2001, apply to the Sheriff of

17  Broward County for a certificate of possession with respect to

18  such assault weapon.  Any person who is a member of the

19  military or armed forces of this state or of the United

20  States, who lawfully possesses an assault weapon, as defined

21  in section 2 of this act, prior to October 1, 2001, and is

22  unable to apply for a certificate of possession of an assault

23  weapon by October 1, 2001, because he or she is or was on

24  official duty outside of Broward County, shall, within 90 days

25  after returning to Broward County, apply to the Sheriff of

26  Broward County for a certificate of possession of such assault

27  weapon.

28         (b)  The certificate of possession of an assault weapon

29  issued by the Sheriff of Broward County shall contain a

30  description of the assault weapon that identifies the weapon

31  uniquely, including all identification marks of the weapon,

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  1  the full name, address, date of birth, and thumbprint of the

  2  owner, and any other information as the Sheriff of Broward

  3  County shall deem appropriate.  The Sheriff of Broward County

  4  shall adopt reasonable regulations to establish procedures

  5  with respect to the application for and issuance of

  6  certificates of possession for assault weapons pursuant to

  7  this act.

  8         (3)(a)  No assault weapon lawfully possessed pursuant

  9  to this act may be sold or transferred on or after October 1,

10  2001, to any person within this state other than to a licensed

11  gun dealer.

12         (b)  Any person who obtains title to an assault weapon

13  for which a certificate of possession has been issued under

14  this section by bequest or intestate succession shall, within

15  90 days of obtaining title, either:

16         1.  Apply to the Sheriff of Broward County for a

17  certificate of possession as provided in subsection (2);

18         2.  Render the assault weapon permanently inoperable;

19         3.  Sell the assault weapon to a licensed gun dealer;

20  or

21         4.  Remove the assault weapon from Broward County.

22         (c)  Any person who moves into Broward County in lawful

23  possession of an assault weapon shall, within 90 days after

24  his or her arrival in Broward County, either:

25         1.  Render the assault weapon permanently inoperable;

26         2.  Sell the assault weapon to a licensed gun dealer;

27  or

28         3.  Remove the assault weapon from Broward County.

29         (d)  Any person who is a member of the military or

30  armed forces of this state or of the United States who is in

31  lawful possession of an assault weapon and has been

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    Florida House of Representatives - 2000                HB 1771

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  1  transferred into Broward County after October 1, 2001, shall,

  2  within 90 days after arriving in Broward County, apply to the

  3  Sheriff of Broward County for a certificate of possession with

  4  respect to such assault weapon.

  5         (4)  A person who has been issued a certificate of

  6  possession for an assault weapon under this act may possess

  7  such weapon only under the following conditions:

  8         (a)  At the person's residence, place of business, or

  9  other property owned by that person, or on property owned by

10  another with the owner's express permission;

11         (b)  While on the premises of a target range of a

12  public or private club or organization organized for the

13  purpose of practicing shooting at targets;

14         (c)  While on a target range which holds a regulatory

15  or business license for the purpose of practicing shooting at

16  that target range;

17         (d)  While on the premises of a licensed shooting club;

18         (e)  While attending any exhibition, display, or

19  educational project which is about firearms and which is

20  sponsored by, conducted under the auspices of, or approved by

21  a law enforcement agency or a nationally recognized or

22  state-recognized entity that fosters proficiency in, or

23  promotes education about, firearms; or

24         (f)  While transporting the assault weapon to any of

25  the places enumerated in this subsection, or to any licensed

26  gun dealer for servicing or repair, provided the assault

27  weapon is certified as required by this act.

28         (5)  Any assault weapon sold, offered or displayed for

29  sale, given, loaned, transferred, acquired, or possessed in

30  violation of this act is declared to be contraband and shall

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  1  be seized and disposed of in accordance with sections

  2  932.701-932.707, Florida Statutes.

  3         Section 4.  A person who violates the provisions of

  4  this act commits a misdemeanor of the first degree, punishable

  5  as provided in section 775.082 or section 775.083.

  6         Section 5.  This act shall be enforced by the Sheriff

  7  of Broward County and all law enforcement officers within

  8  Broward County.

  9         Section 6.  The Board of County Commissioners of

10  Broward County shall schedule a referendum election in

11  accordance with provisions of law relating to elections

12  currently in force in Broward County to coincide with the

13  general election to be held on November 7, 2000.  The subject

14  of such election shall be a referendum providing for the

15  adoption or rejection of this act.  The referendum election on

16  the adoption or rejection of this act shall not be conducted

17  by mail ballot.

18         Section 7.  The item that shall appear on the ballot on

19  the date of the referendum election described in section 6

20  shall be as follows:

21

22  (Title)  ASSAULT WEAPONS TO BE PROHIBITED WITHIN BROWARD

23  COUNTY

24

25  (Issue)  It shall be unlawful for any person within Broward

26  County to sell, offer or display for sale, give, lend,

27  transfer ownership of, acquire, or possess any assault weapon.

28  Excepted from this prohibition shall be law enforcement

29  officers, members of the armed forces and militia, and

30  manufacturers of assault weapons.

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    Florida House of Representatives - 2000                HB 1771

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  1  Yes      

  2  No       

  3         Section 8.  This act shall take effect only upon its

  4  approval by a majority vote of those qualified electors of

  5  Broward County voting in a referendum to be held by the Board

  6  of County Commissioners of Broward County in conjunction with

  7  the general election to be held on November 7, 2000, in

  8  accordance with the provisions of law relating to elections

  9  currently in force, except that this section shall take effect

10  upon becoming a law.  This referendum shall not be conducted

11  by mail ballot.

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