Senate Bill sb0500

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    Florida Senate - 2005                                   SB 500

    By Senator Margolis





    35-265-05

  1                      A bill to be entitled

  2         An act relating to weapons and firearms;

  3         creating s. 790.222, F.S.; defining the terms

  4         "assault weapon" and "large-capacity detachable

  5         magazine"; prohibiting the manufacture,

  6         importation, possession, purchase, sale, or

  7         transfer of an assault weapon or large-capacity

  8         detachable magazine; providing certain

  9         specified exceptions; providing that a knowing

10         violation of the act is a felony of the second

11         degree; providing penalties; requiring the

12         seizure and forfeiture of assault weapons and

13         magazines held in violation of the act or used

14         in committing a crime; requiring that seized

15         weapons and magazines be destroyed within a

16         certain period; authorizing specified grace

17         periods during which a person may lawfully

18         transfer an assault weapon or magazine or take

19         certain other actions; granting immunity from

20         prosecution if a person notifies a law

21         enforcement agency that the person will

22         voluntarily surrender an assault weapon or

23         magazine; requiring licensed firearms dealers

24         to post a notice of the provisions of the act

25         and the criminal penalties imposed for a

26         violation of the act; providing an effective

27         date.

28  

29         WHEREAS, the United States Congress passed, and the

30  President of the United States signed into law, the Federal

31  

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    Florida Senate - 2005                                   SB 500
    35-265-05




 1  Assault Weapons Act on September 13, 1994, which prohibited

 2  the use and possession of assault weapons, and

 3         WHEREAS, this ban expired on September 13, 2004, as

 4  Congress did not renew it, although President George W. Bush

 5  agreed to sign the law if passed, and

 6         WHEREAS, as a result of the expiration of the ban,

 7  UZI's, AK-47's, and other semiautomatic weapons are now

 8  available for purchase and possession in this state, and

 9         WHEREAS, a Miami-Dade police officer was shot with a

10  semiautomatic assault weapon the day before the federal

11  assault weapon ban expired, and

12         WHEREAS, according to the United States Bureau of

13  Justice Statistics, in 2003 nine states regulated assault

14  weapons, 38 states regulated machine guns, and 40 states

15  regulated short-barreled shotguns, and

16         WHEREAS, according to the United States Bureau of

17  Alcohol, Tobacco, and Firearms, assault weapons are preferred

18  by criminals rather than by law-abiding citizens eight to one,

19  NOW, THEREFORE,

20  

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

22  

23         Section 1.  Section 790.222, Florida Statutes, is

24  created to read:

25         790.222  Assault weapons and magazines; restrictions on

26  transfer and possession.--

27         (1)  DEFINITIONS.--As used in this section, the term:

28         (a)  "Assault weapon" has the same meaning as provided

29  in chapter 44 (commencing with s. 921) of Title 18 of the

30  United States Code Annotated.

31  

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    Florida Senate - 2005                                   SB 500
    35-265-05




 1         (b)  "Large-capacity detachable magazine" or "magazine"

 2  means any ammunition-feeding device the function of which is

 3  to deliver one or more ammunition cartridges into the firing

 4  chamber, which can be removed from the firearm without the use

 5  of any tool, and which has the capacity to hold more than 10

 6  rounds of ammunition.

 7         (2)  PROHIBITION.--Notwithstanding any other law to the

 8  contrary, effective January 1, 2006, a person may not

 9  manufacture, import, possess, purchase, sell, or transfer any

10  assault weapon or large-capacity detachable magazine, except

11  as specifically authorized in subsection (3) or subsection

12  (6).

13         (3)  EXCEPTIONS TO THE PROHIBITION.--Subsection (2)

14  does not apply to:

15         (a)  A person who is employed by a federal, state,

16  county, or municipal law enforcement agency or a correctional

17  agency for use in the performance of the person's lawful

18  duties;

19         (b)  A person who is a member of the armed forces of

20  the United States, the organized reserves, or the Florida

21  National Guard while on official military duty, in authorized

22  training for official military duty, or subject to recall or

23  mobilization and under order to possess an assault weapon or

24  magazine;

25         (c)  A firearms manufacturer or dealer that is properly

26  licensed under federal and state law to supply assault weapons

27  or magazines to any branch of the armed services of the United

28  States or to a law enforcement agency in this state; or

29         (d)  A licensed firearms dealer who sells a lawfully

30  possessed assault weapon or magazine to a licensed firearms

31  dealer in another state.

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    Florida Senate - 2005                                   SB 500
    35-265-05




 1         (4)  PENALTIES.--A person who knowingly violates

 2  subsection (2) commits a felony of the second degree,

 3  punishable as provided in s. 775.082, s. 775.083, or s.

 4  775.084.

 5         (5)  SEIZURE AND FORFEITURE OF ASSAULT WEAPONS.--

 6         (a)  An officer who makes an arrest for a violation of

 7  subsection (2) or for any offense involving the use or

 8  attempted use of an assault weapon or magazine shall take

 9  possession of the assault weapon or magazine and retain it

10  until after disposition of the charge for which the person was

11  arrested.

12         (b)  If the person arrested is convicted or found

13  guilty, regardless of adjudication, of a violation of

14  subsection (2) or an offense involving the use or attempted

15  use of an assault weapon or magazine, the seized assault

16  weapon or magazine is forfeited to the state, with or without

17  an order of forfeiture, and must be handled as provided in

18  paragraph (e).

19         (c)  If the person arrested is acquitted of the charge

20  of violating subsection (2) or an offense involving the use or

21  attempted use of an assault weapon or magazine, the seized

22  assault weapon or magazine:

23         1.  Must be returned to the person upon order of the

24  court if the person demonstrates lawful ownership or

25  possession of the assault weapon or magazine in accordance

26  with state and federal law.

27         2.  Is forfeited to the state, with or without an order

28  of forfeiture, and must be handled as provided in paragraph

29  (e), if the person fails to demonstrate to the court lawful

30  ownership or possession of the assault weapon or magazine in

31  

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    Florida Senate - 2005                                   SB 500
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 1  accordance with state and federal law within 10 days after

 2  acquittal or dismissal of the charges.

 3         (d)  If an assault weapon or magazine is in or comes

 4  into the possession of a law enforcement agency through

 5  capture, confiscation, surrender, abandonment, or rejection,

 6  or is left and not reclaimed, the assault weapon or magazine

 7  is forfeited to the state on January 31, 2006, or within 30

 8  days after it comes into the law enforcement agency's

 9  possession, whichever occurs later, with or without an order

10  of forfeiture, and must be handled as provided in paragraph

11  (e).

12         (e)  An assault weapon or magazine that is forfeited to

13  the state must be destroyed within 60 days after the date it

14  is forfeited to the state.

15         (6)  GRACE PERIODS.--The prohibition on the transfer

16  and possession of an assault weapon or magazine as provided in

17  this section takes effect January 1, 2006, except that:

18         (a)  Any person who had lawful possession of an assault

19  weapon or magazine in this state before January 1, 2006, has

20  until July 1, 2006 to:

21         1.  Lawfully transfer the assault weapon or magazine to

22  a person outside this state or to an agency that may lawfully

23  possess an assault weapon or magazine;

24         2.  Have the assault weapon or magazine modified to

25  render it permanently inoperable; or

26         3.  Take other action to ensure that continued

27  possession of the assault weapon or magazine is not in

28  violation of state or federal law.

29         (b)  Any person who comes into lawful possession of a

30  lawfully held assault weapon or magazine on or after January

31  

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    Florida Senate - 2005                                   SB 500
    35-265-05




 1  1, 2006, has 60 days after the date of obtaining possession of

 2  the assault weapon or magazine to:

 3         1.  Lawfully transfer the assault weapon or magazine to

 4  a person outside this state or to an agency that may lawfully

 5  possess an assault weapon or magazine;

 6         2.  Have the assault weapon or magazine modified to

 7  render it permanently inoperable; or

 8         3.  Take other action to ensure that continued

 9  possession of the assault weapon or magazine is not in

10  violation of state or federal law.

11  

12  As used in this paragraph, the term "lawful possession of a

13  lawfully held assault weapon or magazine" includes an assault

14  weapon or magazine that is obtained through an estate, a gift,

15  a bequeathal, or an inheritance.

16         (7)  IMMUNITY FROM PROSECUTION IF AN ASSAULT WEAPON IS

17  VOLUNTARILY SURRENDERED.--

18         (a)  A person who voluntarily surrenders an unlawfully

19  possessed assault weapon or magazine in accordance with this

20  subsection to a local or state law enforcement agency after

21  giving the agency written notice of the intention to surrender

22  the weapon or magazine and the date and time of the intended

23  surrender is immune from prosecution for unlawful possession

24  of the weapon or magazine.

25         (b)  The notice must specify the type of assault weapon

26  or magazine to be surrendered and the time, place, and date of

27  the surrender. The date of surrender may not be more than 1

28  week after the date the notice is given.

29         (c)  The assault weapon or magazine must be transported

30  and surrendered unloaded and secured in a manner so that it is

31  not readily accessible for use.

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    Florida Senate - 2005                                   SB 500
    35-265-05




 1         (d)  Upon the request of the person surrendering an

 2  assault weapon or magazine, the law enforcement agency

 3  receiving the weapon or magazine shall issue a receipt for the

 4  weapon. In surrendering the weapon or magazine, the person

 5  releases any claim of ownership in or title to the weapon or

 6  magazine, agrees to the forfeiture of the weapon to the state,

 7  and agrees for the weapon or magazine to be destroyed as

 8  provided in paragraph (5)(e).

 9         (e)  This subsection does not grant immunity from

10  prosecution for any offense other than unlawful possession of

11  an assault weapon or magazine surrendered in the required

12  manner. If, after notice has been given but before the weapon

13  or magazine is surrendered, the person uses or attempts to use

14  the weapon or magazine in committing a crime, the immunity

15  from prosecution for unlawful possession does not apply.

16         (8)  NOTICE TO BE POSTED.--A licensed firearms dealer

17  must conspicuously post at each purchase counter a warning in

18  block letters of not less than 1 inch in height which provides

19  adequate notice of the time periods and criminal penalties

20  contained in this section.

21         Section 2.  This act shall take effect January 1, 2006.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Provides that it is a second-degree felony to
      manufacture, import, possess, purchase, sell, or transfer
26    an assault weapon or large-capacity detachable magazine.
      Provides certain specified exceptions. Provides for the
27    seizure and forfeiture of assault weapons and magazines.
      Requires that seized weapons and magazines be destroyed
28    within a certain time period. Authorizes specified grace
      periods in which to transfer assault weapons and
29    magazines. Grants immunity from prosecution whenever a
      person notifies a law enforcement agency that the person
30    will voluntarily surrender the assault weapon or
      magazine. Requires licensed firearms dealers to post a
31    notice of the act and the criminal penalties imposed.
      (See bill for details.)
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