Florida Senate - 2018 SB 456 By Senator Stewart 13-00711-18 2018456__ 1 A bill to be entitled 2 An act relating to bump-fire stocks; creating s. 3 790.34, F.S.; defining the term “bump-fire stock”; 4 prohibiting the importation, transfer, distribution, 5 transport, sale, giving, or possession of a bump-fire 6 stock in this state; creating penalties; authorizing a 7 person to relinquish a bump-fire stock to a law 8 enforcement agency or the Department of Law 9 Enforcement; requiring a person who does not 10 relinquish a bump-fire stock to destroy the device and 11 render it inoperable; requiring the law enforcement 12 agency or the department to destroy the bump-fire 13 stock; providing applicability; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 790.34, Florida Statutes, is created to 19 read: 20 790.34 Prohibited device for firearm.— 21 (1) DEFINITION.—As used in this section, the term “bump 22 fire stock” means a gun conversion kit, a tool, an accessory, or 23 a device used to alter the rate of fire of a firearm to mimic 24 automatic weapon fire or which is used to increase the rate of 25 fire of a semiautomatic firearm to a faster rate than is 26 possible for a person to fire such semiautomatic firearm 27 unassisted by a kit, a tool, an accessory, or a device. 28 (2) SALE OR TRANSFER.—A person may not import into this 29 state or, within this state, transfer, distribute, transport, 30 sell, keep for sale, offer or expose for sale, or give a bump 31 fire stock to another person. A person who violates this 32 subsection commits a felony of the third degree, punishable as 33 provided in s. 775.082, s. 775.083, or s. 775.084. 34 (3) POSSESSION.—A person may not, within this state, 35 possess a bump-fire stock. A person who violates this subsection 36 commits a felony of the third degree, punishable as provided in 37 s. 775.082, s. 775.083, or s. 775.084. 38 (4) RELINQUISHMENT AND DESTRUCTION.—A person who owns or is 39 in possession of a bump-fire stock may arrange in advance to 40 relinquish the device to a law enforcement agency, as defined in 41 s. 934.02, or the Department of Law Enforcement or, if the bump 42 fire stock is not relinquished, the person must destroy and 43 render inoperable the device. The law enforcement agency or the 44 department must destroy any relinquished or acquired bump-fire 45 stock within a reasonable time. 46 (5) APPLICABILITY.—This section does not apply to a law 47 enforcement agency or the Department of Law Enforcement after 48 taking possession of a bump-fire stock through relinquishment or 49 other lawful means or while preparing to destroy the device. 50 Section 2. This act shall take effect October 1, 2018.