Florida Senate - 2013                                    SB 1272
       
       
       
       By Senator Joyner
       
       
       
       
       19-00483A-13                                          20131272__
    1                        A bill to be entitled                      
    2         An act relating to sale or transfer of firearms at gun
    3         shows; amending s. 790.001, F.S.; providing
    4         definitions; creating s. 790.0653, F.S.; prohibiting
    5         any person other than a licensed dealer from being a
    6         gun show vendor; prohibiting the sale or transfer of a
    7         weapon at a gun show unless a licensed dealer is a
    8         party to the transaction; providing criminal
    9         penalties; amending ss. 790.06, 790.115, 790.145,
   10         790.1612, 810.095, and. 921.0024, F.S.; conforming
   11         cross-references; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 790.001, Florida Statutes, is reordered
   16  and amended to read:
   17         790.001 Definitions.—As used in this chapter, except where
   18  the context otherwise requires:
   19         (2)(1) “Antique firearm” means any firearm manufactured in
   20  or before 1918, (including any matchlock, flintlock, percussion
   21  cap, or similar early type of ignition system), or replica
   22  thereof, whether actually manufactured before or after the year
   23  1918, and also any firearm using fixed ammunition manufactured
   24  in or before 1918, for which ammunition is no longer
   25  manufactured in the United States and is not readily available
   26  in the ordinary channels of commercial trade.
   27         (3)(2) “Concealed firearm” means any firearm, as defined in
   28  subsection (9)(6), which is carried on or about a person in such
   29  a manner as to conceal the firearm from the ordinary sight of
   30  another person.
   31         (4)(3)(a) “Concealed weapon” means any dirk, metallic
   32  knuckles, slungshot, billie, tear gas gun, chemical weapon or
   33  device, or other deadly weapon carried on or about a person in
   34  such a manner as to conceal the weapon from the ordinary sight
   35  of another person.
   36         (b) “Tear gas gun” or “chemical weapon or device” means any
   37  weapon of such nature, except a device known as a “self-defense
   38  chemical spray.” “Self-defense chemical spray” means a device
   39  carried solely for purposes of lawful self-defense that is
   40  compact in size, designed to be carried on or about the person,
   41  and contains not more than two ounces of chemical.
   42         (6)(4) “Destructive device” means any bomb, grenade, mine,
   43  rocket, missile, pipebomb, or similar device containing an
   44  explosive, incendiary, or poison gas and includes any frangible
   45  container filled with an explosive, incendiary, explosive gas,
   46  or expanding gas, which is designed or so constructed as to
   47  explode by such filler and is capable of causing bodily harm or
   48  property damage; any combination of parts either designed or
   49  intended for use in converting any device into a destructive
   50  device and from which a destructive device may be readily
   51  assembled; any device declared a destructive device by the
   52  Bureau of Alcohol, Tobacco, and Firearms; any type of weapon
   53  which will, is designed to, or may readily be converted to expel
   54  a projectile by the action of any explosive and which has a
   55  barrel with a bore of one-half inch or more in diameter; and
   56  ammunition for such destructive devices, but not including
   57  shotgun shells or any other ammunition designed for use in a
   58  firearm other than a destructive device. “Destructive device”
   59  does not include:
   60         (a) A device which is not designed, redesigned, used, or
   61  intended for use as a weapon;
   62         (b) Any device, although originally designed as a weapon,
   63  which is redesigned so that it may be used solely as a
   64  signaling, line-throwing, safety, or similar device;
   65         (c) Any shotgun other than a short-barreled shotgun; or
   66         (d) Any nonautomatic rifle (other than a short-barreled
   67  rifle) generally recognized or particularly suitable for use for
   68  the hunting of big game.
   69         (8)(5) “Explosive” means any chemical compound or mixture
   70  that has the property of yielding readily to combustion or
   71  oxidation upon application of heat, flame, or shock, including
   72  but not limited to dynamite, nitroglycerin, trinitrotoluene, or
   73  ammonium nitrate when combined with other ingredients to form an
   74  explosive mixture, blasting caps, and detonators; but not
   75  including:
   76         (a) Shotgun shells, cartridges, or ammunition for firearms;
   77         (b) Fireworks as defined in s. 791.01;
   78         (c) Smokeless propellant powder or small arms ammunition
   79  primers, if possessed, purchased, sold, transported, or used in
   80  compliance with s. 552.241;
   81         (d) Black powder in quantities not to exceed that
   82  authorized by chapter 552, or by any rules adopted thereunder by
   83  the Department of Financial Services, when used for, or intended
   84  to be used for, the manufacture of target and sporting
   85  ammunition or for use in muzzle-loading flint or percussion
   86  weapons.
   87  
   88  The exclusions contained in paragraphs (a)-(d) do not apply to
   89  the term “explosive” as used in the definition of “firearm” in
   90  subsection (9)(6).
   91         (9)(6) “Firearm” means any weapon (including a starter gun)
   92  which will, is designed to, or may readily be converted to expel
   93  a projectile by the action of an explosive; the frame or
   94  receiver of any such weapon; any firearm muffler or firearm
   95  silencer; any destructive device; or any machine gun. The term
   96  “firearm” does not include an antique firearm unless the antique
   97  firearm is used in the commission of a crime.
   98         (10) “Gun show” means an event or function that is
   99  sponsored to facilitate, in whole or in part, the purchase,
  100  sale, offer for sale, or collection of firearms at which not
  101  less than three gun show vendors exhibit, sell, offer for sale,
  102  transfer, or exchange firearms. The term includes the entire
  103  premises provided for the gun show, including, but not limited
  104  to, parking areas for the gun show.
  105         (11) “Gun show vendor” means a licensed dealer who
  106  exhibits, sells, offers for sale, transfers, or exchanges any
  107  firearm at a gun show, regardless of whether the dealer arranges
  108  with a gun show promoter for a fixed location from which to
  109  exhibit, sell, offer for sale, transfer, or exchange any
  110  firearm.
  111         (12)(7) “Indictment” means an indictment or an information
  112  in any court under which a crime punishable by imprisonment for
  113  a term exceeding 1 year may be prosecuted.
  114         (13)(8) “Law enforcement officer” means:
  115         (a) All officers or employees of the United States or the
  116  State of Florida, or any agency, commission, department, board,
  117  division, municipality, or subdivision thereof, who have
  118  authority to make arrests;
  119         (b) Officers or employees of the United States or the State
  120  of Florida, or any agency, commission, department, board,
  121  division, municipality, or subdivision thereof, duly authorized
  122  to carry a concealed weapon;
  123         (c) Members of the Armed Forces of the United States, the
  124  organized reserves, state militia, or Florida National Guard,
  125  when on duty, when preparing themselves for, or going to or
  126  from, military duty, or under orders;
  127         (d) An employee of the state prisons or correctional
  128  systems who has been so designated by the Department of
  129  Corrections or by a warden of an institution;
  130         (e) All peace officers;
  131         (f) All state attorneys and United States attorneys and
  132  their respective assistants and investigators.
  133         (14)(9) “Machine gun” means any firearm, as defined herein,
  134  which shoots, or is designed to shoot, automatically more than
  135  one shot, without manually reloading, by a single function of
  136  the trigger.
  137         (17)(10) “Short-barreled shotgun” means a shotgun having
  138  one or more barrels less than 18 inches in length and any weapon
  139  made from a shotgun (whether by alteration, modification, or
  140  otherwise) if such weapon as modified has an overall length of
  141  less than 26 inches.
  142         (18)(11) “Short-barreled rifle” means a rifle having one or
  143  more barrels less than 16 inches in length and any weapon made
  144  from a rifle (whether by alteration, modification, or otherwise)
  145  if such weapon as modified has an overall length of less than 26
  146  inches.
  147         (19)(12) “Slungshot” means a small mass of metal, stone,
  148  sand, or similar material fixed on a flexible handle, strap, or
  149  the like, used as a weapon.
  150         (21)(13) “Weapon” means any dirk, knife, metallic knuckles,
  151  slungshot, billie, tear gas gun, chemical weapon or device, or
  152  other deadly weapon except a firearm or a common pocketknife,
  153  plastic knife, or blunt-bladed table knife.
  154         (7)(14) “Electric weapon or device” means any device which,
  155  through the application or use of electrical current, is
  156  designed, redesigned, used, or intended to be used for offensive
  157  or defensive purposes, the destruction of life, or the
  158  infliction of injury.
  159         (5)(15) “Dart-firing stun gun” means any device having one
  160  or more darts that are capable of delivering an electrical
  161  current.
  162         (15)(16) “Readily accessible for immediate use” means that
  163  a firearm or other weapon is carried on the person or within
  164  such close proximity and in such a manner that it can be
  165  retrieved and used as easily and quickly as if carried on the
  166  person.
  167         (16)(17) “Securely encased” means in a glove compartment,
  168  whether or not locked; snapped in a holster; in a gun case,
  169  whether or not locked; in a zippered gun case; or in a closed
  170  box or container which requires a lid or cover to be opened for
  171  access.
  172         (20)(18) “Sterile area” means the area of an airport to
  173  which access is controlled by the inspection of persons and
  174  property in accordance with federally approved airport security
  175  programs.
  176         (1)(19) “Ammunition” means an object consisting of all of
  177  the following:
  178         (a) A fixed metallic or nonmetallic hull or casing
  179  containing a primer.
  180         (b) One or more projectiles, one or more bullets, or shot.
  181         (c) Gunpowder.
  182  
  183  All of the specified components must be present for an object to
  184  be ammunition.
  185         Section 2. Section 790.0653, Florida Statutes, is created
  186  to read:
  187         790.0653 Gun shows.—
  188         (1) A person must be a licensed dealer to be a gun show
  189  vendor. A gun show vendor must be a party to any sale, transfer,
  190  or exchange of a weapon at a gun show.
  191         (2) A person who violates subsection (1) commits a felony
  192  of the third degree, punishable as provided in s. 775.082, s.
  193  775.083, or s. 775.084.
  194         Section 3. Subsection (1) of section 790.06, Florida
  195  Statutes, is amended to read:
  196         790.06 License to carry concealed weapon or firearm.—
  197         (1) The Department of Agriculture and Consumer Services is
  198  authorized to issue licenses to carry concealed weapons or
  199  concealed firearms to persons qualified as provided in this
  200  section. Each such license must bear a color photograph of the
  201  licensee. For the purposes of this section, concealed weapons or
  202  concealed firearms are defined as a handgun, electronic weapon
  203  or device, tear gas gun, knife, or billie, but the term does not
  204  include a machine gun as defined in s. 790.001(9). Such licenses
  205  shall be valid throughout the state for a period of 7 years from
  206  the date of issuance. Any person in compliance with the terms of
  207  such license may carry a concealed weapon or concealed firearm
  208  notwithstanding the provisions of s. 790.01. The licensee must
  209  carry the license, together with valid identification, at all
  210  times in which the licensee is in actual possession of a
  211  concealed weapon or firearm and must display both the license
  212  and proper identification upon demand by a law enforcement
  213  officer. Violations of the provisions of this subsection shall
  214  constitute a noncriminal violation with a penalty of $25,
  215  payable to the clerk of the court.
  216         Section 4. Subsection (1) and paragraphs (a) and (b) of
  217  subsection (2) of section 790.115, Florida Statutes, are amended
  218  to read:
  219         790.115 Possessing or discharging weapons or firearms at a
  220  school-sponsored event or on school property prohibited;
  221  penalties; exceptions.—
  222         (1) A person who exhibits any sword, sword cane, firearm,
  223  electric weapon or device, destructive device, or other weapon
  224  as defined in s. 790.001(13), including a razor blade, box
  225  cutter, or common pocketknife, except as authorized in support
  226  of school-sanctioned activities, in the presence of one or more
  227  persons in a rude, careless, angry, or threatening manner and
  228  not in lawful self-defense, at a school-sponsored event or on
  229  the grounds or facilities of any school, school bus, or school
  230  bus stop, or within 1,000 feet of the real property that
  231  comprises a public or private elementary school, middle school,
  232  or secondary school, during school hours or during the time of a
  233  sanctioned school activity, commits a felony of the third
  234  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  235  775.084. This subsection does not apply to the exhibition of a
  236  firearm or weapon on private real property within 1,000 feet of
  237  a school by the owner of such property or by a person whose
  238  presence on such property has been authorized, licensed, or
  239  invited by the owner.
  240         (2)(a) A person shall not possess any firearm, electric
  241  weapon or device, destructive device, or other weapon as defined
  242  in s. 790.001(13), including a razor blade or box cutter, except
  243  as authorized in support of school-sanctioned activities, at a
  244  school-sponsored event or on the property of any school, school
  245  bus, or school bus stop; however, a person may carry a firearm:
  246         1. In a case to a firearms program, class or function which
  247  has been approved in advance by the principal or chief
  248  administrative officer of the school as a program or class to
  249  which firearms could be carried;
  250         2. In a case to a career center having a firearms training
  251  range; or
  252         3. In a vehicle pursuant to s. 790.25(5); except that
  253  school districts may adopt written and published policies that
  254  waive the exception in this subparagraph for purposes of student
  255  and campus parking privileges.
  256  
  257  For the purposes of this section, “school” means any preschool,
  258  elementary school, middle school, junior high school, secondary
  259  school, career center, or postsecondary school, whether public
  260  or nonpublic.
  261         (b) A person who willfully and knowingly possesses any
  262  electric weapon or device, destructive device, or other weapon
  263  as defined in s. 790.001(13), including a razor blade or box
  264  cutter, except as authorized in support of school-sanctioned
  265  activities, in violation of this subsection commits a felony of
  266  the third degree, punishable as provided in s. 775.082, s.
  267  775.083, or s. 775.084.
  268         Section 5. Subsection (1) of section 790.145, Florida
  269  Statutes, is amended to read:
  270         790.145 Crimes in pharmacies; possession of weapons;
  271  penalties.—
  272         (1) Unless otherwise provided by law, any person who is in
  273  possession of a concealed “firearm,” as defined in s.
  274  790.001(6), or a “destructive device,” as defined in s.
  275  790.001(4), within the premises of a “pharmacy,” as defined in
  276  chapter 465, commits is guilty of a felony of the third degree,
  277  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  278         Section 6. Section 790.1612, Florida Statutes, is amended
  279  to read:
  280         790.1612 Authorization for governmental manufacture,
  281  possession, and use of destructive devices.—The governing body
  282  of any municipality or county and the Division of State Fire
  283  Marshal of the Department of Financial Services have the power
  284  to authorize the manufacture, possession, and use of destructive
  285  devices as defined in s. 790.001(4).
  286         Section 7. Subsection (1) of section 810.095, Florida
  287  Statutes, is amended to read:
  288         810.095 Trespass on school property with firearm or other
  289  weapon prohibited.—
  290         (1) It is a felony of the third degree, punishable as
  291  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
  292  who is trespassing upon school property to bring onto, or to
  293  possess on, such school property any weapon as defined in s.
  294  790.001(13) or any firearm.
  295         Section 8. Paragraph (b) of subsection (1) of section
  296  921.0024, Florida Statutes, is amended to read:
  297         921.0024 Criminal Punishment Code; worksheet computations;
  298  scoresheets.—
  299         (1)
  300         (b) WORKSHEET KEY:
  301  
  302  Legal status points are assessed when any form of legal status
  303  existed at the time the offender committed an offense before the
  304  court for sentencing. Four (4) sentence points are assessed for
  305  an offender’s legal status.
  306  
  307  Community sanction violation points are assessed when a
  308  community sanction violation is before the court for sentencing.
  309  Six (6) sentence points are assessed for each community sanction
  310  violation and each successive community sanction violation,
  311  unless any of the following apply:
  312         1. If the community sanction violation includes a new
  313  felony conviction before the sentencing court, twelve (12)
  314  community sanction violation points are assessed for the
  315  violation, and for each successive community sanction violation
  316  involving a new felony conviction.
  317         2. If the community sanction violation is committed by a
  318  violent felony offender of special concern as defined in s.
  319  948.06:
  320         a. Twelve (12) community sanction violation points are
  321  assessed for the violation and for each successive violation of
  322  felony probation or community control where:
  323         (I) The violation does not include a new felony conviction;
  324  and
  325         (II) The community sanction violation is not based solely
  326  on the probationer or offender’s failure to pay costs or fines
  327  or make restitution payments.
  328         b. Twenty-four (24) community sanction violation points are
  329  assessed for the violation and for each successive violation of
  330  felony probation or community control where the violation
  331  includes a new felony conviction.
  332  
  333  Multiple counts of community sanction violations before the
  334  sentencing court shall not be a basis for multiplying the
  335  assessment of community sanction violation points.
  336  
  337  Prior serious felony points: If the offender has a primary
  338  offense or any additional offense ranked in level 8, level 9, or
  339  level 10, and one or more prior serious felonies, a single
  340  assessment of thirty (30) points shall be added. For purposes of
  341  this section, a prior serious felony is an offense in the
  342  offender’s prior record that is ranked in level 8, level 9, or
  343  level 10 under s. 921.0022 or s. 921.0023 and for which the
  344  offender is serving a sentence of confinement, supervision, or
  345  other sanction or for which the offender’s date of release from
  346  confinement, supervision, or other sanction, whichever is later,
  347  is within 3 years before the date the primary offense or any
  348  additional offense was committed.
  349  
  350  Prior capital felony points: If the offender has one or more
  351  prior capital felonies in the offender’s criminal record, points
  352  shall be added to the subtotal sentence points of the offender
  353  equal to twice the number of points the offender receives for
  354  the primary offense and any additional offense. A prior capital
  355  felony in the offender’s criminal record is a previous capital
  356  felony offense for which the offender has entered a plea of nolo
  357  contendere or guilty or has been found guilty; or a felony in
  358  another jurisdiction which is a capital felony in that
  359  jurisdiction, or would be a capital felony if the offense were
  360  committed in this state.
  361  
  362  Possession of a firearm, semiautomatic firearm, or machine gun:
  363  If the offender is convicted of committing or attempting to
  364  commit any felony other than those enumerated in s. 775.087(2)
  365  while having in his or her possession: a firearm as defined in
  366  s. 790.001(6), an additional eighteen (18) sentence points are
  367  assessed; or if the offender is convicted of committing or
  368  attempting to commit any felony other than those enumerated in
  369  s. 775.087(3) while having in his or her possession a
  370  semiautomatic firearm as defined in s. 775.087(3) or a machine
  371  gun as defined in s. 790.001(9), an additional twenty-five (25)
  372  sentence points are assessed.
  373  
  374  Sentencing multipliers:
  375  
  376  Drug trafficking: If the primary offense is drug trafficking
  377  under s. 893.135, the subtotal sentence points are multiplied,
  378  at the discretion of the court, for a level 7 or level 8
  379  offense, by 1.5. The state attorney may move the sentencing
  380  court to reduce or suspend the sentence of a person convicted of
  381  a level 7 or level 8 offense, if the offender provides
  382  substantial assistance as described in s. 893.135(4).
  383  
  384  Law enforcement protection: If the primary offense is a
  385  violation of the Law Enforcement Protection Act under s.
  386  775.0823(2), (3), or (4), the subtotal sentence points are
  387  multiplied by 2.5. If the primary offense is a violation of s.
  388  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  389  are multiplied by 2.0. If the primary offense is a violation of
  390  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  391  Protection Act under s. 775.0823(10) or (11), the subtotal
  392  sentence points are multiplied by 1.5.
  393  
  394  Grand theft of a motor vehicle: If the primary offense is grand
  395  theft of the third degree involving a motor vehicle and in the
  396  offender’s prior record, there are three or more grand thefts of
  397  the third degree involving a motor vehicle, the subtotal
  398  sentence points are multiplied by 1.5.
  399  
  400  Offense related to a criminal gang: If the offender is convicted
  401  of the primary offense and committed that offense for the
  402  purpose of benefiting, promoting, or furthering the interests of
  403  a criminal gang as prohibited under s. 874.04, the subtotal
  404  sentence points are multiplied by 1.5.
  405  
  406  Domestic violence in the presence of a child: If the offender is
  407  convicted of the primary offense and the primary offense is a
  408  crime of domestic violence, as defined in s. 741.28, which was
  409  committed in the presence of a child under 16 years of age who
  410  is a family or household member as defined in s. 741.28(3) with
  411  the victim or perpetrator, the subtotal sentence points are
  412  multiplied by 1.5.
  413         Section 9. This act shall take effect October 1, 2013.