Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì882394DÎ882394                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Farmer moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 357 - 360
    4  and insert:
    5         Section 7. Section 790.0641, Florida Statutes, is created
    6  to read:
    7         790.0641Assault weapons purchase, sale, and transfer
    8  restrictions; penalties.—
    9         (1)As used in this section, the term “assault weapon”
   10  means:
   11         (a) A selective-fire firearm capable of fully automatic,
   12  semiautomatic, or burst fire at the option of the user or any of
   13  the following specified semiautomatic firearms:
   14         1.Algimec AGM1.
   15         2.All AK series, including, but not limited to, the
   16  following: AK, AK-47, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90,
   17  NHM91, Rock River Arms LAR-47, SA 85, SA 93, Vector Arms AK-47,
   18  VEPR, WASR-10, and WUM.
   19         3.All AR series, including, but not limited to, the
   20  following: AR-10, AR-15, Armalite AR-180, Armalite M-15, AR-70,
   21  Bushmaster XM15, Colt AR-15, DoubleStar AR rifles, DPMS tactical
   22  rifles, Olympic Arms, Rock River Arms LAR-15, and Smith & Wesson
   23  M&P15 rifles.
   24         4.Barrett 82A1 and REC7.
   25         5.Beretta AR-70 and Beretta Storm.
   26         6.Bushmaster automatic rifle.
   27         7.Calico Liberty series rifles.
   28         8.Chartered Industries of Singapore SR-88.
   29         9.Colt Sporter.
   30         10.Daewoo K-1, K-2, Max-1, and Max-2.
   31         11.FAMAS MAS .223.
   32         12.Federal XC-900 and SC-450.
   33         13.FN FAL (or FN LAR) and FN FNC.
   34         14.FN FS2000, FN PS90, and FN SCAR.
   35         15.Galil and UZI Sporter, Galil sniper rifle (Galatz),
   36  Galil Sporter, UZI, or Vector Arms UZI.
   37         16.Goncz High-Tech carbine.
   38         17.Hi-Point carbine.
   39         18.HK-91, HK-93, HK-94, HK-PSG-1, and SP-89.
   40         19.Kel-Tec RFB, Sub-2000, and SU series.
   41         20.M1 carbine.
   42         21. M2HB and TNW M230.
   43         22. Ruger Mini-14 with folding stock.
   44         23.SAR-8, SAR-4800, and SR9.
   45         24.SIG 57 AMT and 500 Series.
   46         25.Sig Sauer MCX rifle.
   47         26.SKS capable of accepting a detachable magazine.
   48         27.SLG 95.
   49         28.SLR 95 and 96.
   50         29.Spectre automatic carbine.
   51         30.Springfield Armory BM59, G-3, and SAR-48.
   52         31.Sterling MK-6 and MK-7.
   53         32.Steyr AUG.
   54         33.Thompson series, including Thompson T5.
   55         34.Weaver Arms Nighthawk.
   56         (b)All of the following handguns, copies, duplicates, or
   57  altered facsimiles with the capability of any such weapon
   58  thereof:
   59         1.AK-47 pistol and Mini AK-47 pistol.
   60         2.AR-15 pistol.
   61         3.Australian Automatic Arms SAP pistol.
   62         4.Bushmaster automatic pistol.
   63         5.Calico Liberty series pistols.
   64         6.Chiappa Firearms Mfour-22.
   65         7.Colefire Magnum.
   66         8.DSA SA58 PKP FAL.
   67         9.Encom MK-IV, MP-9, and MP-45.
   68         10.Feather AT-9 and Mini-AT.
   69         11.German Sport 522 PK.
   70         12.Goncz High-Tech Long pistol.
   71         13.Holmes MP-83.
   72         14.Intratec AB-10, TEC-9, TEC-22 Scorpion, and TEC-DC9.
   73         15.I.O. Inc. PPS-43C.
   74         16.Iver Johnson Enforcer.
   75         17.Kel-Tec PLR-16 pistol.
   76         18.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
   77  Velocity Arms VMA series.
   78         19.Scarab Skorpion.
   79         20.Sig Sauer P556 pistol.
   80         21.Spectre automatic pistol.
   81         22.Thompson TA5 series pistols.
   82         23.UZI pistol and Micro-UZI pistol.
   83         34.Wilkinson “Linda” pistol.
   84         (c)All of the following shotguns, copies, duplicates, or
   85  altered facsimiles with the capability of any such weapon
   86  thereof:
   87         1.Armscor 30 BG.
   88         2.Franchi LAW-12 and SPAS-12.
   89         3.Kel-Tec KSG.
   90         4.Remington TAC-2 and TACB3 FS.
   91         5.Saiga.
   92         6.Streetsweeper.
   93         7.Striker 12.
   94         8.USAS-12.
   95         (d)A part or combination of parts that converts a firearm
   96  into an assault weapon, or any combination of parts from which
   97  an assault weapon may be assembled if those parts are in the
   98  possession or under the control of the same person.
   99         (e)A semiautomatic firearm not listed in this subsection
  100  which meets the criteria of one of the following sub
  101  subparagraphs:
  102         1.A semiautomatic rifle that has an ability to accept a
  103  detachable magazine and that has one or more of the following:
  104         a.A folding or telescoping stock.
  105         b.A pistol grip that protrudes conspicuously beneath the
  106  action of the weapon or any feature functioning as a protruding
  107  grip that can be held by the nontrigger hand or a thumbhole
  108  stock.
  109         c.A bayonet mount.
  110         d.A flash suppressor or threaded barrel designed to
  111  accommodate a flash suppressor.
  112         e.A grenade launcher.
  113         f.A shroud that is attached to the barrel, or that
  114  partially or completely encircles the barrel and allows the
  115  bearer to hold the firearm with the nontrigger hand without
  116  being burned, but excluding a slide that encloses the barrel.
  117         2.A semiautomatic pistol that has an ability to accept a
  118  detachable magazine and that has one or more of the following:
  119         a.The capacity to accept an ammunition magazine that
  120  attaches to the pistol at any location outside the pistol grip.
  121         b.A threaded barrel capable of accepting a barrel
  122  extender, flash suppressor, forward handgrip, or silencer.
  123         c.A slide that encloses the barrel and that allows the
  124  shooter to hold the firearm with the nontrigger hand without
  125  being burned.
  126         d.A manufactured weight of 50 ounces or more when the
  127  pistol is unloaded.
  128         e.A semiautomatic version of an automatic firearm.
  129         f.Any feature capable of functioning as a protruding grip
  130  that can be held by the nontrigger hand.
  131         g.A folding, telescoping, or thumbhole stock.
  132         3.A semiautomatic shotgun that has one or more of the
  133  following:
  134         a.A folding or telescoping stock.
  135         b.A pistol grip that protrudes conspicuously beneath the
  136  action of the weapon.
  137         c.A thumbhole stock.
  138         d.A fixed-magazine capacity in excess of 5 rounds.
  139         e.An ability to accept a detachable magazine.
  140         4.A semiautomatic pistol or a semiautomatic, centerfire,
  141  or rimfire rifle with a fixed magazine that has the capacity to
  142  accept more than 10 rounds of ammunition.
  143         5.A part or combination of parts designed or intended to
  144  convert a firearm into an assault weapon, or any combination of
  145  parts from which an assault weapon may be assembled if those
  146  parts are in the possession or under the control of the same
  147  person.
  148         (2) Notwithstanding any other law, a person may not
  149  purchase or be sold or transferred an assault weapon without
  150  possessing a valid Type 03 Federal Firearms License.
  151         (3) In addition to the requirements and procedures set out
  152  in s. 790.065(1)(d), a licensed importer, licensed manufacturer,
  153  or licensed dealer and a private seller facilitating a sale
  154  through a licensed dealer must verify that a potential purchaser
  155  or transferee of an assault weapon possesses a valid Type 03
  156  Federal Firearms License.
  157         (4) A person who violates this subsection commits a
  158  misdemeanor of the first degree, punishable as provided in s.
  159  775.082 or s. 775.083.
  160         Section 8. Paragraph (e) of subsection (3) of section
  161  790.335, Florida Statutes, is amended to read:
  162         790.335 Prohibition of registration of firearms; electronic
  163  records.—
  164         (3) EXCEPTIONS.—The provisions of this section shall not
  165  apply to:
  166         (e)1. Records kept pursuant to the recordkeeping provisions
  167  of s. 790.065; however, nothing in this section shall be
  168  construed to authorize the public release or inspection of
  169  records that are made confidential and exempt from the
  170  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  171         2. Nothing in this paragraph shall be construed to allow
  172  the maintaining of records containing the names of purchasers or
  173  transferees who receive unique approval numbers or the
  174  maintaining of records of firearm transactions.
  175         Section 9. Present subsection (13) of section 790.065,
  176  Florida Statutes, is redesignated as subsection (12),
  177  subsections (1), (3), and (10) of that section are amended, and
  178  a new subsection (11) is added to that section, to read:
  179         790.065 Sale and delivery of firearms.—
  180         (1)(a) A licensed importer, licensed manufacturer, or
  181  licensed dealer may not sell or deliver from her or his
  182  inventory at her or his licensed premises any firearm to another
  183  person, other than a licensed importer, licensed manufacturer,
  184  licensed dealer, or licensed collector, until she or he has:
  185         1. Obtained a completed form from the potential buyer or
  186  transferee, which form shall have been adopted promulgated by
  187  the Department of Law Enforcement and provided by the licensed
  188  importer, licensed manufacturer, or licensed dealer, which shall
  189  include the name, date of birth, gender, race, and social
  190  security number or other identification number of such potential
  191  buyer or transferee and has inspected proper identification
  192  including an identification containing a photograph of the
  193  potential buyer or transferee.
  194         2. Collected a fee from the potential buyer for processing
  195  the criminal history check of the potential buyer. The fee shall
  196  be established by the Department of Law Enforcement and may not
  197  exceed $8 per transaction. The Department of Law Enforcement may
  198  reduce, or suspend collection of, the fee to reflect payment
  199  received from the Federal Government applied to the cost of
  200  maintaining the criminal history check system established by
  201  this section as a means of facilitating or supplementing the
  202  National Instant Criminal Background Check System. The
  203  Department of Law Enforcement shall, by rule, establish
  204  procedures for the fees to be transmitted by the licensee to the
  205  Department of Law Enforcement. All such fees shall be deposited
  206  into the Department of Law Enforcement Operating Trust Fund, but
  207  shall be segregated from all other funds deposited into such
  208  trust fund and must be accounted for separately. Such segregated
  209  funds must not be used for any purpose other than the operation
  210  of the criminal history checks required by this section. The
  211  Department of Law Enforcement, each year before prior to
  212  February 1, shall make a full accounting of all receipts and
  213  expenditures of such funds to the President of the Senate, the
  214  Speaker of the House of Representatives, the majority and
  215  minority leaders of each house of the Legislature, and the
  216  chairs of the appropriations committees of each house of the
  217  Legislature. In the event that the cumulative amount of funds
  218  collected exceeds the cumulative amount of expenditures by more
  219  than $2.5 million, excess funds may be used for the purpose of
  220  purchasing soft body armor for law enforcement officers.
  221         3. Requested, by means of a toll-free telephone call, the
  222  Department of Law Enforcement to conduct a check of the
  223  information as reported and reflected in the Florida Crime
  224  Information Center and National Crime Information Center systems
  225  as of the date of the request.
  226         4. Received a unique approval number for that inquiry from
  227  the Department of Law Enforcement, and recorded the date and
  228  such number on the consent form.
  229         (b) However, if the person purchasing, or receiving
  230  delivery of, the firearm is a holder of a valid concealed
  231  weapons or firearms license pursuant to the provisions of s.
  232  790.06 or holds an active certification from the Criminal
  233  Justice Standards and Training Commission as a “law enforcement
  234  officer,” a “correctional officer,” or a “correctional probation
  235  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  236  (9), this subsection does not apply.
  237         (c) This subsection does not apply to the purchase, trade,
  238  or transfer of a rifle or shotgun by a resident of this state
  239  when the resident makes such purchase, trade, or transfer from a
  240  licensed importer, licensed manufacturer, or licensed dealer in
  241  another state.
  242         (d)1.If neither party to a prospective firearms sale,
  243  lease, or transfer is a licensed dealer, the parties to the
  244  transaction must complete the sale, lease, or transfer through a
  245  licensed dealer as follows:
  246         a. The seller, lessor, or transferor must deliver the
  247  firearm to a licensed dealer, who shall process the sale, lease,
  248  or transfer as if she or he were the seller, lessor, or
  249  transferor, except that the seller, lessor, or transferor who is
  250  not a licensed dealer may remove the firearm from the business
  251  premises of the licensed dealer while the background check is
  252  being conducted and while the waiting period requirement set
  253  forth in s. 790.0655 is being met. Other than allowing the
  254  unlicensed seller or transferor to remove the firearm from the
  255  licensed dealer’s business premises, the licensed dealer shall
  256  comply with all requirements of federal and state law which
  257  would apply if she or he were the seller, lessor, or transferor
  258  of the firearm;
  259         b. The licensed dealer shall conduct a background check on
  260  the buyer or other transferee as provided in this section and,
  261  unless the transaction is prohibited, and after all other legal
  262  requirements are met, including those set forth in s. 790.0655,
  263  the licensed dealer shall either:
  264         (I) Deliver the firearm to the seller, lessor, or
  265  transferor, who shall complete the transaction and deliver the
  266  firearm to the buyer; or
  267         (II) If the seller, lessor, or transferor has removed the
  268  firearm from the licensed dealer’s business premises, contact
  269  the seller, lessor, or transferor to let her or him know that he
  270  or she may complete the transaction and deliver the firearm to
  271  the buyer.
  272         c. If the licensed dealer cannot legally complete the
  273  transaction, the dealer must:
  274         (I) Return the firearm to the seller, lessor, or
  275  transferor; or
  276         (II) If the seller, lessor, or transferor has removed the
  277  firearm from the licensed dealer’s business premises, contact
  278  the seller, lessor, or transferor to let her or him know that
  279  the transaction is prohibited, and that the seller, lessor, or
  280  transferor may not deliver the firearm to the buyer; and
  281         d. The licensed dealer may require the buyer or other
  282  transferee to pay a fee covering the administrative costs
  283  incurred by the licensed dealer for facilitating the transfer of
  284  the firearm, plus applicable fees pursuant to federal and state
  285  law.
  286         2. This paragraph does not apply to:
  287         a. The activities of the United States Marshals Service,
  288  members of the United States Armed Forces or the National Guard,
  289  or federal officials required to carry firearms while engaged in
  290  performing their official duties; or
  291         b. The following activities, unless the lawful owner knows
  292  or has reasonable cause to believe that federal, state, or local
  293  law prohibits the transferee from purchasing or possessing
  294  firearms, or that the transferee is likely to use the firearm
  295  for unlawful purposes:
  296         (I) The delivery of a firearm to a gunsmith for service or
  297  repair, or the return of the firearm to its owner by the
  298  gunsmith;
  299         (II) The transfer of a firearm to a carrier, warehouseman,
  300  or other person engaged in the business of transportation or
  301  storage, to the extent that the receipt, possession, or having
  302  on or about the person any firearm is in the ordinary course of
  303  business and in conformity with federal, state, and local laws,
  304  and not for the personal use of any such person;
  305         (III) The loan of a firearm solely for the purpose of
  306  shooting at targets, if the loan occurs on the premises of a
  307  properly licensed target facility and if the firearm is at all
  308  times kept within the premises of the target facility;
  309         (IV) The loan of a firearm to a person who is under 18
  310  years of age for lawful hunting, sporting, or educational
  311  purposes while under the direct supervision and control of a
  312  responsible adult;
  313         (V) The loan of a firearm to a person who is 18 years of
  314  age or older if the firearm remains in the person’s possession
  315  only while the person is accompanying the lawful owner and using
  316  the firearm for lawful hunting, sporting, or recreational
  317  purposes; or
  318         (VI) The loan of a firearm to an adult family member of the
  319  lawful owner of the firearm if the lawful owner resides with the
  320  family member but is not present in the residence, provided that
  321  the family member does not maintain control over the firearm for
  322  more than 10 consecutive days.
  323         (3) In the event of scheduled computer downtime, electronic
  324  failure, or similar emergency beyond the control of the
  325  Department of Law Enforcement, the department shall immediately
  326  notify the licensee of the reason for, and estimated length of,
  327  such delay. After such notification, the department shall
  328  forthwith, and in no event later than the end of the next
  329  business day of the licensee, either inform the requesting
  330  licensee if its records demonstrate that the buyer or transferee
  331  is prohibited from receipt or possession of a firearm pursuant
  332  to Florida and Federal law or provide the licensee with a unique
  333  approval number. Unless notified by the end of said next
  334  business day that the buyer or transferee is so prohibited, and
  335  without regard to whether she or he has received a unique
  336  approval number, the licensee may complete the sale or transfer
  337  and shall not be deemed in violation of this section with
  338  respect to such sale or transfer.
  339         (10) A licensed importer, licensed manufacturer, or
  340  licensed dealer is not required to comply with the requirements
  341  of this section in the event of:
  342         (a) Unavailability of telephone service at the licensed
  343  premises due to the failure of the entity which provides
  344  telephone service in the state, region, or other geographical
  345  area in which the licensee is located to provide telephone
  346  service to the premises of the licensee due to the location of
  347  said premises; or the interruption of telephone service by
  348  reason of hurricane, tornado, flood, natural disaster, or other
  349  act of God, war, invasion, insurrection, riot, or other bona
  350  fide emergency, or other reason beyond the control of the
  351  licensee; or
  352         (b) Failure of the Department of Law Enforcement to comply
  353  with the requirements of subsections (2) and (3).
  354         (11) A person younger than 21 years of age may not purchase
  355  
  356  ================= T I T L E  A M E N D M E N T ================
  357  And the title is amended as follows:
  358         Delete lines 43 - 44
  359  and insert:
  360         person to petition for simultaneous relief; creating
  361         s. 790.0641, F.S.; defining the term “assault weapon”;
  362         prohibiting a person from purchasing or being sold or
  363         transferred an assault weapon without possessing a
  364         valid Type 03 Federal Firearms License; requiring a
  365         licensed importer, licensed manufacturer, or licensed
  366         dealer and a private seller facilitating a sale
  367         through a licensed dealer of an assault weapon to
  368         verify that the purchaser or transferee possesses such
  369         a firearms license; providing criminal penalties;
  370         amending s. 790.335, F.S.; conforming a cross
  371         reference; amending s. 790.065, F.S.; requiring that,
  372         if neither party to a prospective firearms sale,
  373         lease, or transfer is a licensed dealer, the parties
  374         complete the sale, lease, or transfer through a
  375         licensed dealer; specifying procedures and
  376         requirements for a licensed dealer, a seller, lessor,
  377         or transferor, and a buyer, lessee, or transferee,
  378         including a required background check; authorizing a
  379         licensed dealer to charge a buyer or transferee
  380         specified fees; providing applicability; deleting
  381         provisions authorizing a licensee to complete the sale
  382         or transfer of a firearm to a person without receiving
  383         notification from the Department of Law Enforcement
  384         informing the licensee as to whether such person is
  385         prohibited from receipt or possession of a firearm or
  386         providing a unique approval number under certain
  387         circumstances; deleting provisions exempting a
  388         licensed importer, licensed manufacturer, or licensed
  389         dealer from the sale and delivery requirements, under
  390         certain circumstances; prohibiting a person younger
  391         than a