Senate Bill sb2152

    Florida Senate - 2007                                  SB 2152

    By Senator Wilson





    33-504-07

  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; providing an

  7         effective date.

  8  

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

10  

11         Section 1.  Sale of imitation firearms prohibited;

12  penalties.--

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

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

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

16  substantially similar in coloration and overall appearance to

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

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

19  firearm. As provided in the federal regulations governing

20  imitation firearms, the term does not include:

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

22  firearm developed prior to 1898;

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

24  guns that expel a projectile through the force of air

25  pressure; or

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

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

28  for a depth of no more than 6 millimeters; a device for which

29  the entire exterior surface is colored white, bright red,

30  bright orange, bright yellow, bright green, bright blue,

31  bright pink, or bright purple, either singly or as the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2152
    33-504-07




 1  predominant color in combination with other colors in any

 2  pattern; or a device that is constructed of transparent or

 3  translucent materials that permit unmistakable observation of

 4  the complete contents of the device.

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

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

 7  firearm.

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

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

10         (a)  Export in interstate or foreign commerce;

11         (b)  Lawful use in theatrical productions, including

12  motion picture, television, and stage productions;

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

14  competition;

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

16  ceremonial activities; or

17         (e)  Public displays authorized by public or private

18  schools.

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

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

21  775.082 or s. 775.083, Florida Statutes.

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

23  subsequent time commits a felony of the third degree,

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

25  Statutes.

26         Section 2.  This act shall take effect October 1, 2007.

27  

28            *****************************************

29                          SENATE SUMMARY

30    Defines the term "imitation firearm." Prohibits the sale
      of any imitation firearm. Provides exceptions. Provides
31    penalties for a person who sells an imitation firearm.

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CODING: Words stricken are deletions; words underlined are additions.