Senate Bill sb0718

    Florida Senate - 2007                                   SB 718

    By Senator Siplin





    19-299-07

  1                      A bill to be entitled

  2         An act relating to the sale of imitation

  3         firearms to minors; defining the term

  4         "imitation firearm"; prohibiting the sale of an

  5         imitation firearm to a minor; providing a

  6         penalty; providing an effective date.

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

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10         Section 1.  Sale of imitation firearms to minors

11  prohibited; penalties.--

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

13  firearm" means any toy gun, replica of a firearm, traditional

14  BB gun, paintball gun, pellet-firing air gun, 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 perceive 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; or

23         (b)  A device for which a blaze orange solid plug or

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

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

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

27  orange, bright yellow, bright green, bright blue, bright pink,

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

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

30  is constructed of transparent or translucent materials that

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    Florida Senate - 2007                                   SB 718
    19-299-07




 1  permit unmistakable observation of the complete contents of

 2  the device.

 3         (2)  A person may not sell, by mail or in any other

 4  manner, an imitation firearm to a minor.

 5         (3)  A person who violates subsection (2) commits a

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

 7  775.082 or s. 775.083, Florida Statutes.

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

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11                          SENATE SUMMARY

12    Defines the term "imitation firearm." Prohibits the sale
      of an imitation firearm to a minor. Provides a penalty.
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