Senate Bill sb1490

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    Florida Senate - 2006                                  SB 1490

    By Senator Wilson





    33-790B-06

  1                      A bill to be entitled

  2         An act relating to imitation firearms; defining

  3         the term "imitation firearm"; prohibiting the

  4         sale of an imitation firearm; providing

  5         exceptions; providing penalties for a person

  6         who sells an imitation firearm; amending s.

  7         790.07, F.S.; providing penalties for a person

  8         who displays, uses, threatens, or attempts to

  9         use any imitation firearm while committing or

10         attempting to commit a felony; providing an

11         effective date.

12  

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

14  

15         Section 1.  Sale of imitation firearms prohibited;

16  penalties.--

17         (1)  As used in this section, the term "imitation

18  firearm" means any toy gun, replica of a firearm, air-soft gun

19  that fires nonmetallic projectiles, or other device that is so

20  substantially similar in coloration and overall appearance to

21  a firearm, as defined in s. 790.001, Florida Statutes, as to

22  lead a reasonable person to believe that the device is a

23  firearm. As provided in the federal regulations governing

24  imitation firearms, the term does not include:

25         (a)  A nonfiring collector's replica of an antique

26  firearm developed prior to 1898;

27         (b)  Traditional BB, paintball, or pellet-firing air

28  guns that expel a projectile through the force of air

29  pressure; or

30         (c)  A device for which a blaze orange solid plug or

31  marking is permanently affixed to the muzzle end of the barrel

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    Florida Senate - 2006                                  SB 1490
    33-790B-06




 1  for a depth of at least 6 millimeters; a device for which the

 2  entire exterior surface is colored white, bright red, bright

 3  orange, bright yellow, bright green, bright blue, bright pink,

 4  or bright purple, either singly or as the predominant color in

 5  combination with other colors in any pattern; or a device that

 6  is constructed of transparent or translucent materials that

 7  permit unmistakable observation of the complete contents of

 8  the device.

 9         (2)  A person may not sell or offer for sale within

10  this state, by mail or in any other manner, an imitation

11  firearm.

12         (3)  A person may sell or offer for sale an imitation

13  firearm if the device is sold solely for purposes of:

14         (a)  Export in interstate or foreign commerce;

15         (b)  Lawful use in theatrical productions, including

16  motion picture, television, and stage productions;

17         (c)  Use in a certified or regulated sporting event or

18  competition;

19         (d)  Use in military or civil defense activities or

20  ceremonial activities; or

21         (e)  Public displays authorized by public or private

22  schools.

23         (4)(a)  A person who violates subsection (2) commits a

24  misdemeanor of the first degree, punishable as provided in s.

25  775.082 or s. 775.083, Florida Statutes.

26         (b)  A person who violates subsection (2) a second or

27  subsequent time commits a felony of the third degree,

28  punishable as provided in s. 775.082 or s. 775.083, Florida

29  Statutes.

30         Section 2.  Section 790.07, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006                                  SB 1490
    33-790B-06




 1         790.07  Persons engaged in criminal offense, having

 2  weapons or imitation firearms.--

 3         (1)  Whoever, while committing or attempting to commit

 4  any felony or while under indictment, displays, uses,

 5  threatens, or attempts to use any weapon or electric weapon or

 6  device or carries a concealed weapon commits is guilty of a

 7  felony of the third degree, punishable as provided in s.

 8  775.082, s. 775.083, or s. 775.084.

 9         (2)  Whoever, while committing or attempting to commit

10  any felony, displays, uses, threatens, or attempts to use any

11  firearm or imitation firearm, or carries a concealed firearm,

12  commits is guilty of a felony of the second degree, punishable

13  as provided in s. 775.082, s. 775.083, and s. 775.084.

14         (3)  The following crimes are excluded from application

15  of this section:  Antitrust violations, unfair trade

16  practices, restraints of trade, nonsupport of dependents,

17  bigamy, or other similar offenses.

18         (4)  Whoever, having previously been convicted of a

19  violation of subsection (1) or subsection (2) and, subsequent

20  to such conviction, displays, uses, threatens, or attempts to

21  use any weapon, firearm, imitation firearm, or electric weapon

22  or device, carries a concealed weapon, or carries a concealed

23  firearm while committing or attempting to commit any felony or

24  while under indictment commits is guilty of a felony of the

25  first degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084. Sentence may shall not be suspended or

27  deferred under the provisions of this subsection.

28         Section 3.  This act shall take effect October 1, 2006.

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    Florida Senate - 2006                                  SB 1490
    33-790B-06




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 2                          SENATE SUMMARY

 3    Defines the term "imitation firearm." Prohibits the sale
      of any imitation firearm. Provides exceptions. Provides
 4    penalties for a person who sells an imitation firearm.
      Provides penalties for a person who displays, uses,
 5    threatens, or attempts to use any imitation firearm while
      committing or attempting to commit a felony.
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