Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for SB 1048 Ì532180yÎ532180 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Stewart moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 790.30, Florida Statutes, is created to 6 read: 7 790.30 Assault weapons.— 8 (1) DEFINITIONS.—As used in this section, the term: 9 (a) “Assault weapon” means: 10 1. A selective-fire firearm capable of fully automatic, 11 semiautomatic, or burst fire at the option of the user. 12 2. A part or combination of parts that convert a firearm 13 into an assault weapon, or any combination of parts from which 14 an assault weapon may be assembled if those parts are in the 15 possession or under the control of the same person. 16 3. A semiautomatic firearm that meets the criteria of one 17 of the following sub-subparagraphs: 18 a. A semiautomatic rifle that has an ability to accept a 19 detachable magazine and that has one or more of the following: 20 (I) A folding or telescoping stock. 21 (II) A pistol grip that protrudes conspicuously beneath the 22 action of the weapon or any feature functioning as a protruding 23 grip that can be held by the nontrigger hand or a thumbhole 24 stock. 25 (III) A bayonet mount. 26 (IV) A flash suppressor or threaded barrel designed to 27 accommodate a flash suppressor. 28 (V) A grenade launcher. 29 (VI) A shroud that is attached to the barrel, or that 30 partially or completely encircles the barrel and allows the 31 bearer to hold the firearm with the nontrigger hand without 32 being burned, but excluding a slide that encloses the barrel. 33 b. A semiautomatic pistol that has an ability to accept a 34 detachable magazine and that has one or more of the following: 35 (I) The capacity to accept an ammunition magazine that 36 attaches to the pistol at any location outside the pistol grip. 37 (II) A threaded barrel capable of accepting a barrel 38 extender, flash suppressor, forward handgrip, or silencer. 39 (III) A slide that encloses the barrel and that allows the 40 shooter to hold the firearm with the nontrigger hand without 41 being burned. 42 (IV) A manufactured weight of 50 ounces or more when the 43 pistol is unloaded. 44 (V) A semiautomatic version of an automatic firearm. 45 (VI) Any feature capable of functioning as a protruding 46 grip that can be held by the nontrigger hand. 47 (VII) A folding, telescoping, or thumbhole stock. 48 c. A semiautomatic shotgun that has one or more of the 49 following: 50 (I) A folding or telescoping stock. 51 (II) A pistol grip that protrudes conspicuously beneath the 52 action of the weapon. 53 (III) A thumbhole stock. 54 (IV) A fixed-magazine capacity in excess of 5 rounds. 55 (V) An ability to accept a detachable magazine. 56 d. A semiautomatic pistol or a semiautomatic, centerfire, 57 or rimfire rifle with a fixed magazine that has the capacity to 58 accept more than 10 rounds of ammunition. 59 e. A part or combination of parts designed or intended to 60 convert a firearm into an assault weapon, or any combination of 61 parts from which an assault weapon may be assembled if those 62 parts are in the possession or under the control of the same 63 person. 64 (b) “Detachable magazine” means an ammunition feeding 65 device that can be removed from a firearm without disassembly of 66 the firearm action. 67 (c) “Fixed magazine” means an ammunition feeding device 68 contained in, or permanently attached to, a firearm in such a 69 manner that the device cannot be removed without disassembly of 70 the firearm action. 71 (d) “Large-capacity magazine” means any ammunition feeding 72 device with the capacity to accept more than 7 rounds, or any 73 conversion kit, part, or combination of parts from which such a 74 device can be assembled if those parts are in the possession or 75 under the control of the same person, but does not include any 76 of the following: 77 1. A feeding device that has been permanently altered so 78 that it cannot accommodate more than 7 rounds; 79 2. A .22 caliber tube ammunition feeding device; or 80 3. A tubular magazine that is contained in a lever-action 81 firearm. 82 (e) “Licensed gun dealer” means a person who has a federal 83 firearms license. 84 (2) SALE OR TRANSFER.— 85 (a) A person may not import into this state or, within this 86 state, distribute, transport, sell, keep for sale, offer or 87 expose for sale, or give an assault weapon or large-capacity 88 magazine. Except as provided in paragraph (b), any person who 89 violates this paragraph commits a felony of the third degree, 90 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 91 (b) A person may not transfer, sell, or give an assault 92 weapon or large-capacity magazine to a person under 21 years of 93 age. Any person who violates this paragraph commits a felony of 94 the second degree, punishable as provided in s. 775.082, s. 95 775.083, or s. 775.084. 96 (c) Paragraph (a) does not apply to: 97 1. The sale of assault weapons or large-capacity magazines 98 to the Department of Law Enforcement, to a law enforcement 99 agency as defined in s. 934.02, to the Department of 100 Corrections, or to the military, air, or naval forces of this 101 state or the United States for use in the discharge of their 102 official duties. 103 2. A person who is the executor or administrator of an 104 estate that includes an assault weapon or large-capacity 105 magazine which is disposed of as authorized by the probate 106 court, if the disposition is otherwise authorized under this 107 section. 108 3. The transfer by bequest or intestate succession of an 109 assault weapon or large-capacity magazine. 110 (3) POSSESSION.— 111 (a) Except as otherwise provided in this section or 112 authorized by any other law, a person may not, within this 113 state, possess an assault weapon or large-capacity magazine. Any 114 person who violates this paragraph commits a felony of the third 115 degree, punishable as provided in s. 775.082, s. 775.083, or s. 116 775.084, with a mandatory minimum term of imprisonment of 1 117 year. 118 (b) Paragraph (a) does not apply to the possession of an 119 assault weapon or large-capacity magazine by a member or 120 employee of the Department of Law Enforcement, a law enforcement 121 agency as defined in s. 934.02, the Department of Corrections, 122 or the military, air, or naval forces of this state or of the 123 United States for use in the discharge of his or her official 124 duties; nor does this section prohibit the possession or use of 125 an assault weapon or large-capacity magazine by a sworn member 126 of one of these agencies when on duty and when the use is within 127 the scope of his or her duties. 128 (c) Paragraph (a) does not apply to the possession of an 129 assault weapon or large-capacity magazine by any person before 130 July 1, 2019, if all of the following are applicable: 131 1. The person is eligible to apply for a certificate of 132 possession for the assault weapon or large-capacity magazine by 133 July 1, 2019; 134 2. The person lawfully possessed the assault weapon or 135 large-capacity magazine before October 1, 2018; and 136 3. The person is otherwise in compliance with this section 137 and the applicable requirements of this chapter for possession 138 of a firearm. 139 (d) Paragraph (a) does not apply to a person who is the 140 executor or administrator of an estate that includes an assault 141 weapon or large-capacity magazine, if the assault weapon or 142 large-capacity magazine is possessed at a place authorized by 143 the probate court. 144 Section 2. This act shall take effect October 1, 2018. 145 146 ================= T I T L E A M E N D M E N T ================ 147 And the title is amended as follows: 148 Delete everything before the enacting clause 149 and insert: 150 A bill to be entitled 151 An act relating to gun safety; creating s. 790.30, 152 F.S.; defining terms; prohibiting the sale or transfer 153 of an assault weapon or large-capacity magazine; 154 providing criminal penalties; providing applicability; 155 providing exceptions; prohibiting possession of an 156 assault weapon or large-capacity magazine; providing 157 exceptions; providing applicability; providing 158 criminal penalties; providing an effective date.