Senate Bill sb2266

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    Florida Senate - 2007                                  SB 2266

    By Senator Wilson





    33-1212-07

  1                      A bill to be entitled

  2         An act relating to firearms; creating s.

  3         790.222, F.S.; defining the term "semiautomatic

  4         assault firearm"; prohibiting the manufacture,

  5         transfer, or possession of a semiautomatic

  6         assault firearm; providing exceptions;

  7         providing an effective date.

  8  

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

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11         Section 1.  Section 790.222, Florida Statutes, is

12  created to read:

13         790.222  Manufacture, transfer, or possession of a

14  semiautomatic assault firearm prohibited.--

15         (1)(a)  As used in this section, the term

16  "semiautomatic assault firearm" means a firearm that is

17  capable of firing a series of rounds by separate successive

18  depressions of the trigger and that uses the energy of

19  discharge to perform a portion of the operating cycle.

20         (b)  The term "semiautomatic assault firearm" does not

21  mean:

22         1.  A firearm that:

23         a.  Is manually operated by bolt, pump, lever, or slide

24  action;

25         b.  Has been rendered permanently inoperable; or

26         c.  Is an antique firearm.

27         2.  A semiautomatic rifle that cannot accept a

28  detachable magazine that holds more than five rounds of

29  ammunition; or

30         3.  A semiautomatic shotgun that cannot hold more than

31  five rounds of ammunition in a fixed or detachable magazine.

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    Florida Senate - 2007                                  SB 2266
    33-1212-07




 1         (2)  A person may not manufacture, transfer, or have in

 2  his or her care, custody, possession, or control a

 3  semiautomatic assault firearm in this state.

 4         (3)  Subsection (2) does not apply to the possession or

 5  transfer of a semiautomatic assault firearm otherwise lawfully

 6  possessed under state or federal law on the effective date of

 7  this act.

 8         (4)  Subsection (2) does not apply to:

 9         (a)  The manufacture for, transfer to, or possession of

10  a semiautomatic assault firearm by a department or agency of

11  the United States; by a department, agency, or political

12  subdivision of a state; or by a law enforcement officer

13  employed by such an entity for purposes of law enforcement,

14  whether on or off duty;

15         (b)  The transfer of a semiautomatic assault firearm to

16  a licensee under Title I of the Atomic Energy Act of 1954 for

17  purposes of establishing and maintaining an on-site physical

18  protection system and security organization required by

19  federal law, or possession by an employee or contractor of the

20  licensee on site for such purposes or off site for purposes of

21  licensee-authorized training or transportation of nuclear

22  materials;

23         (c)  The possession, by a person who is retired from

24  service with a law enforcement agency and is not otherwise

25  prohibited from receiving a firearm, of a semiautomatic

26  assault weapon transferred to the person by the agency upon

27  the person's retirement; or

28         (d)  The manufacture, transfer, or possession of a

29  semiautomatic assault weapon by a licensed manufacturer or

30  licensed importer for the purposes of testing or

31  

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    Florida Senate - 2007                                  SB 2266
    33-1212-07




 1  experimentation authorized by the Attorney General of the

 2  United States.

 3         Section 2.  This act shall take effect upon becoming a

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Defines the term "semiautomatic assault firearm."
      Prohibits the manufacture, transfer, or possession of a
 9    semiautomatic assault firearm. Provides exceptions.

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