Florida Senate - 2020 SB 1208 By Senator Farmer 34-01324-20 20201208__ 1 A bill to be entitled 2 An act relating to assault weapons and large-capacity 3 magazines; creating s. 790.301, F.S.; providing 4 definitions; prohibiting the sale or transfer of an 5 assault weapon or large-capacity ammunition magazine; 6 providing exceptions; providing criminal penalties; 7 prohibiting possession of an assault weapon or large 8 capacity magazine; providing exceptions; providing 9 criminal penalties; requiring certificates of 10 possession for assault weapons or large-capacity 11 ammunition magazines lawfully possessed before a 12 specified date; providing requirements for 13 certificates; specifying the form of certificates; 14 limiting transfers of assault weapons or large 15 capacity ammunition magazines represented by such 16 certificates; providing conditions for continued 17 possession of such weapons or large-capacity 18 ammunition magazines; providing requirements for an 19 applicant who fails to qualify for such a certificate; 20 requiring certificates of transfer for transfers of 21 assault weapons or large-capacity magazines; providing 22 requirements for certificates of transfer; requiring 23 the Department of Law Enforcement to maintain a file 24 of such certificates; providing for relinquishment of 25 assault weapons or large-capacity magazines; providing 26 requirements for transportation of assault weapons or 27 large-capacity magazines; providing criminal 28 penalties; specifying circumstances in which the 29 manufacture or transportation of assault weapons or 30 large-capacity magazines is not prohibited; exempting 31 permanently inoperable firearms from provisions; 32 amending s. 775.087, F.S.; providing enhanced criminal 33 penalties for certain offenses when committed with an 34 assault weapon or large-capacity magazine; providing 35 severability; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Section 790.301, Florida Statutes, is created to 40 read: 41 790.301 Assault weapons.— 42 (1) DEFINITIONS.—As used in this section, the term: 43 (a)1. “Assault weapon” means any selective-fire firearm 44 capable of fully automatic, semiautomatic, or burst fire at the 45 option of the user or any of the following specified 46 semiautomatic firearms: 47 a. All AK series, including, but not limited to, the 48 following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90, 49 NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47, 50 and Vector Arms AK-47. 51 b. All AR series, including, but not limited to, the 52 following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and 53 M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson 54 M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar 55 AR rifles. 56 c. Algimec AGM1. 57 d. Barrett 82A1 and REC7. 58 e. Beretta AR-70 and Beretta Storm. 59 f. Bushmaster Auto Rifle. 60 g. Calico Liberty series. 61 h. Chartered Industries of Singapore SR-88. 62 i. Colt Sporter. 63 j. Daewoo K-1, K-2, Max-1, and Max-2. 64 k. FAMAS MAS 223. 65 l. Federal XC-900 and SC-450. 66 m. Fabrique National FN/FAL, FN/LAR, or FNC. 67 n. FNH PS90, SCAR, and FS2000. 68 o. Goncz High Tech Carbine. 69 p. Hi-Point Carbine. 70 q. HK-91, HK-93, HK-94, SP-89, or HK-PSG-1. 71 r. Kel-Tec Sub-2000, SU series, RFB. 72 s. M1 Carbine. 73 t. SAR-8, SAR-4800, SR9. 74 u. SIG 57 AMT and 500 Series. 75 v. SIG Sauer MCX Rifle. 76 w. SKS capable of accepting a detachable magazine. 77 x. SLG 95. 78 y. SLR 95 or 96. 79 z. Spectre Auto Carbine. 80 aa. Springfield Armory BM59, SAR-48, and G-3. 81 bb. Sterling MK-6 and MK-7. 82 cc. Steyr AUG. 83 dd. Sturm Ruger Mini-14 with folding stock. 84 ee. TNW M230, M2HB. 85 ff. Thompson types, including Thompson T5. 86 gg. UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper 87 Rifle (Galatz), or Vector Arms UZI. 88 hh. Weaver Arms Nighthawk. 89 2. All of the following handguns, copies, duplicates, or 90 altered facsimiles with the capability of any such weapon 91 thereof: 92 a. AK-47 pistol, Mini AK-47 pistol. 93 b. AR-15 pistol. 94 c. Australian Automatic Arms SAP pistol. 95 d. Bushmaster Auto Pistol. 96 e. Calico Liberty series pistols. 97 f. Encom MK-IV, MP-9, and MP-45. 98 g. Feather AT-9 and Mini-AT. 99 h. Goncz High Tech Long pistol. 100 i. Holmes MP-83. 101 j. Iver Johnson Enforcer. 102 k. MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and 103 Velocity Arms VMA series. 104 l. Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10. 105 m. UZI pistol, Micro-UZI pistol. 106 n. Colefire Magnum. 107 o. Scarab Skorpion. 108 p. Spectre Auto pistol. 109 q. German Sport 522 PK. 110 r. Chiappa Firearms Mfour-22. 111 s. DSA SA58 PKP FAL. 112 t. I.O. Inc. PPS-43C. 113 u. Kel-Tec PLR-16 pistol. 114 v. SIG Sauer P556 pistol. 115 w. Thompson TA5 series pistols. 116 x. Wilkinson “Linda” pistol. 117 3. All of the following shotguns, copies, duplicates, or 118 altered facsimiles with the capability of any such weapon 119 thereof: 120 a. Armscor 30 BG. 121 b. Franchi SPAS-12 and Law-12. 122 c. Remington TAC-2 or TACB3 FS. 123 d. SPAS 12 or LAW 12. 124 e. Striker 12. 125 f. Streetsweeper. 126 g. Saiga. 127 h. USAS-12. 128 i. Kel-Tec KSG. 129 4. A part or combination of parts that convert a firearm 130 into an assault weapon or any combination of parts from which an 131 assault weapon may be assembled if those parts are in the 132 possession or under the control of the same person; or 133 5. Any semiautomatic firearm not listed in subparagraphs 134 1.-4. that meets the following criteria: 135 a. A semiautomatic rifle that has an ability to accept a 136 detachable magazine and has one or more of the following: 137 (I) A folding or telescoping stock; 138 (II) A pistol grip, a thumbhole stock or Thordsen-type grip 139 or stock, or any other characteristic that can function as a 140 grip; 141 (III) A bayonet mount; 142 (IV) A flash suppressor or threaded barrel designed to 143 accommodate a flash suppressor; 144 (V) A grenade launcher; or 145 (VI) A shroud attached to the barrel, or that partially or 146 completely encircles the barrel allowing the bearer to hold the 147 firearm with the non-trigger hand without being burned, but 148 excludes a slide that encloses the barrel; 149 b. A semiautomatic pistol that has an ability to accept a 150 detachable magazine and has one or more of the following: 151 (I) The capacity to accept an ammunition magazine that 152 attaches to the pistol at any location outside of the pistol 153 grip; 154 (II) A threaded barrel capable of accepting a barrel 155 extender, flash suppressor, forward handgrip, or silencer; 156 (III) A slide that encloses the barrel and that permits the 157 shooter to hold the firearm with the non-trigger hand without 158 being burned; 159 (IV) A manufactured weight of 50 ounces or more when the 160 pistol is unloaded; 161 (V) A semiautomatic version of an automatic firearm; 162 (VI) Any feature capable of functioning as a protruding 163 grip that can be held by the non-trigger hand; or 164 (VII) A folding, telescoping, or thumbhole stock; 165 c. A semiautomatic shotgun that has one or more of the 166 following: 167 (I) A folding or telescoping stock; 168 (II) A pistol grip, a thumbhole stock or Thordsen-type grip 169 or stock, or any other characteristic that can function as a 170 grip; 171 (III) A thumbhole stock; 172 (IV) A fixed magazine capacity in excess of 5 rounds; or 173 (V) An ability to accept a detachable magazine; or 174 d. Any semiautomatic pistol or any semiautomatic, 175 centerfire, or rimfire rifle with a fixed magazine that has the 176 capacity to accept more than 10 rounds of ammunition; or 177 e. A part or combination of parts designed or intended to 178 convert a firearm into an assault weapon or any combination of 179 parts from which an assault weapon may be assembled if those 180 parts are in the possession or under the control of the same 181 person. 182 (b) “Detachable magazine” means an ammunition feeding 183 device that can be removed from a firearm without disassembly of 184 the firearm action. 185 (c) “Fixed magazine” means an ammunition feeding device 186 contained in, or permanently attached to, a firearm in such a 187 manner that the device cannot be removed without disassembly of 188 the firearm action. 189 (d) “Large-capacity magazine” means any ammunition feeding 190 device with the capacity to accept more than 10 rounds, or any 191 conversion kit, part, or combination of parts from which such a 192 device can be assembled if those parts are in the possession or 193 under the control of the same person, but does not include any 194 of the following: 195 1. A feeding device that has been permanently altered so 196 that it cannot accommodate more than 10 rounds; 197 2. A .22 caliber tube ammunition feeding device; or 198 3. A tubular magazine that is contained in a lever-action 199 firearm. 200 (e) “Licensed gun dealer” means a person who has a federal 201 firearms license. 202 (2) SALE OR TRANSFER.— 203 (a) Any person who, within this state, distributes, 204 transports, or imports into the state, sells, keeps for sale, or 205 offers or exposes for sale, or who gives any assault weapon or 206 large-capacity ammunition magazine, in violation of this 207 section, except as provided in paragraph (b), commits a felony 208 of the third degree, punishable as provided in s. 775.082, s. 209 775.083, or s. 775.084, with a mandatory minimum term of 210 imprisonment of 2 years. 211 (b) Any person who transfers, sells, or gives any assault 212 weapon or large-capacity ammunition magazine to a person under 213 18 years of age in violation of this section commits a felony of 214 the second degree, punishable as provided in s. 775.082, s. 215 775.083, or s. 775.084, with a mandatory minimum term of 216 imprisonment of 6 years. 217 (c) Paragraph (a) does not apply to: 218 1. The sale of assault weapons or large-capacity ammunition 219 magazines to the Department of Law Enforcement, a law 220 enforcement agency, as defined in s. 934.02, the Department of 221 Corrections, or the military or naval forces of this state or of 222 the United States for use in the discharge of their official 223 duties. 224 2. A person who is the executor or administrator of an 225 estate that includes an assault weapon or large-capacity 226 ammunition magazine for which a certificate of possession has 227 been issued under this section which is disposed of as 228 authorized by the probate court, if the disposition is otherwise 229 permitted under this section. 230 3. The transfer by bequest or intestate succession of an 231 assault weapon or large-capacity ammunition magazine for which a 232 certificate of possession has been issued under subsection (4). 233 (3) POSSESSION.— 234 (a) Except as provided in subsection (5), any person who, 235 within this state, possesses any assault weapon or large 236 capacity ammunition magazine, except as provided in this section 237 or as otherwise authorized by law, commits a felony of the third 238 degree, punishable as provided in s. 775.082, s. 775.083, or s. 239 775.084, with a mandatory minimum term of imprisonment of 1 240 year. 241 (b) Paragraph (a) does not apply to the possession of 242 assault weapons or large-capacity ammunition magazines by 243 members or employees of the Department of Law Enforcement, a law 244 enforcement agency, as defined in s. 934.02, the Department of 245 Corrections, or the military or naval forces of this state or of 246 the United States for use in the discharge of their official 247 duties; nor does this section prohibit the possession or use of 248 assault weapons or large-capacity ammunition magazines by sworn 249 members of these agencies when on duty and the use is within the 250 scope of their duties. 251 (c) Paragraph (a) does not apply to the possession of an 252 assault weapon or large-capacity ammunition magazine by any 253 person prior to July 1, 2021, if all of the following are 254 applicable: 255 1. The person is eligible to apply for a certificate of 256 possession for the assault weapon or large-capacity ammunition 257 magazine by July 1, 2021; 258 2. The person lawfully possessed the assault weapon or 259 large-capacity ammunition magazine prior to October 1, 2020; and 260 3. The person is otherwise in compliance with this section 261 and the applicable requirements of this chapter for possession 262 of a firearm. 263 (d) Paragraph (a) does not apply to a person who is the 264 executor or administrator of an estate that includes an assault 265 weapon or large-capacity ammunition magazine for which a 266 certificate of possession has been issued under subsection (4), 267 if the assault weapon is possessed at a place set forth in 268 subparagraph (4)(d)1. or as authorized by the probate court. 269 (4) CERTIFICATE OF POSSESSION.— 270 (a) Any person who lawfully possesses an assault weapon or 271 large-capacity ammunition magazine prior to October 1, 2020, 272 shall apply by October 1, 2021, or, if such person is a member 273 of the military or naval forces of this state or of the United 274 States and is unable to apply by October 1, 2021, because he or 275 she is or was on official duty outside of this state, shall 276 apply within 90 days of returning to the state to the Department 277 of Law Enforcement, for a certificate of possession with respect 278 to such assault weapon or large-capacity ammunition magazine. 279 The certificate shall contain a description of the assault 280 weapon or large-capacity ammunition magazine that identifies it 281 uniquely, including all identification marks; the full name, 282 address, date of birth, and thumbprint of the owner; and any 283 other information as the department may deem appropriate. The 284 department shall adopt regulations no later than January 1, 285 2021, to establish procedures with respect to the application 286 for, and issuance of, certificates of possession pursuant to 287 this section. The thumbprint of the applicant shall be taken by 288 a law enforcement agency or the Department of Law Enforcement 289 together with any personal identifying information required by 290 federal law to process fingerprints. Charges for thumbprint 291 services under this paragraph are not subject to the sales tax 292 on fingerprint services imposed in s. 212.05(1)(i). The 293 Department of Law Enforcement shall conduct a background 294 investigation pursuant to this subsection. 295 (b) A certificate of possession issued under this 296 subsection must be in substantially the following form: 297 CERTIFICATE OF POSSESSION OF ASSAULT WEAPON 298 Certificate Number: 299 Owner’s name: (Last, First, Middle) 300 Address: (Number, Street, City or Town, State, Zip Code) NO 301 P.O. Boxes 302 Date of Birth: 303 Social Security Number (Optional, but will help prevent 304 misidentification): 305 Driver License Number and State: 306 Manufacturer: Importer: Serial Number: Model: Caliber: Unique 307 I.D./Markings: 308 Signature of Owner 309 Applicant’s Right Thumbprint 310 (c) An assault weapon or large-capacity ammunition magazine 311 possessed pursuant to this section may not be sold or 312 transferred on or after January 1, 2021, to any person within 313 this state other than to a licensed gun dealer, as provided in 314 subsection (5), or by a bequest or intestate succession. A 315 person who obtains title to an assault weapon or large-capacity 316 ammunition magazine for which a certificate of possession has 317 been issued under this section by bequest or intestate 318 succession shall, within 90 days of obtaining title, apply to 319 the Department of Law Enforcement for a certificate of 320 possession as provided in paragraph (a), render the weapon or 321 large-capacity ammunition magazine permanently inoperable, sell 322 the weapon or large-capacity ammunition magazine to a licensed 323 gun dealer, or remove the weapon or large-capacity ammunition 324 magazine from the state. Any person who moves into the state in 325 lawful possession of an assault weapon or large-capacity 326 ammunition magazine shall, within 90 days, either render the 327 weapon or large-capacity ammunition magazine permanently 328 inoperable, sell the weapon or large-capacity ammunition 329 magazine to a licensed gun dealer, or remove the weapon or 330 large-capacity ammunition magazine from this state, except any 331 person who is a member of the military or naval forces of this 332 state or of the United States, is in lawful possession of an 333 assault weapon or large-capacity ammunition magazine, and has 334 been transferred into the state after October 1, 2021. 335 (d) A person who has been issued a certificate of 336 possession for an assault weapon or large-capacity ammunition 337 magazine under this section may possess it only under the 338 following conditions: 339 1. At that person’s residence, place of business, or other 340 property owned by that person, or on property owned by another 341 person with the owner’s express permission; 342 2. While on the premises of a target range of a public or 343 private club or organization organized for the purpose of 344 practicing shooting at targets; 345 3. While on a target range that holds a regulatory or 346 business license for the purpose of practicing shooting at that 347 target range; 348 4. While on the premises of a licensed shooting club; 349 5. While attending any exhibition, display, or educational 350 project which is about firearms and which is sponsored by, 351 conducted under the auspices of, or approved by a law 352 enforcement agency or a nationally or state-recognized entity 353 that fosters proficiency in, or promotes education about, 354 firearms; or 355 6. While transporting the assault weapon or large-capacity 356 ammunition magazine between any of the places mentioned in this 357 subsection, or to any licensed gun dealer for servicing or 358 repair pursuant to paragraph (7)(b), provided the assault weapon 359 or large-capacity ammunition magazine is transported as required 360 by subsection (7). 361 (e) If an applicant for a certificate of possession under 362 this subsection fails to qualify for such a certificate after 363 the investigation required under this subsection, the applicant 364 shall arrange to relinquish all assault weapons or large 365 capacity ammunition magazines in his or her possession as 366 provided in subsection (7) within 10 days of issuance of the 367 notice of such failure. Such an applicant who fails to make such 368 an arrangement within the time specified in this paragraph is 369 thereafter in violation of this section. 370 (5) CERTIFICATE OF TRANSFER.—If an owner of an assault 371 weapon or large-capacity ammunition magazine sells or transfers 372 the weapon or magazine to a licensed gun dealer, he or she 373 shall, at the time of delivery of the weapon, execute a 374 certificate of transfer and cause the certificate to be mailed 375 or delivered to the Department of Law Enforcement. The 376 certificate shall contain: 377 (a) The date of sale or transfer. 378 (b) The name and address of the seller or transferor and 379 the licensed gun dealer and their social security numbers or 380 driver license numbers. 381 (c) The licensed gun dealer’s federal firearms license 382 number. 383 (d) A description of the weapon, including the caliber of 384 the weapon and its make, model, and serial number. 385 (e) Any other information the Department of Law Enforcement 386 prescribes. 387 388 The licensed gun dealer shall present his or her driver license 389 or social security card and federal firearms license to the 390 seller or transferor for inspection at the time of purchase or 391 transfer. The Department of Law Enforcement shall maintain a 392 file of all certificates of transfer at its headquarters. 393 (6) RELINQUISHMENT.—An individual may arrange in advance to 394 relinquish an assault weapon or large-capacity ammunition 395 magazine to a law enforcement agency, as defined in s. 934.02, 396 or the Department of Law Enforcement. The assault weapon or 397 large-capacity ammunition magazine shall be transported in 398 accordance with subsection (7). 399 (7) TRANSPORTATION.— 400 (a) A licensed gun dealer who lawfully purchases for resale 401 out of state an assault weapon or large-capacity magazine 402 pursuant to subsection (2) may transport the assault weapon or 403 large-capacity magazine between dealers or out of the state, but 404 no person shall carry a loaded assault weapon concealed from 405 public view or knowingly have in any motor vehicle owned, 406 operated, or occupied by him a loaded assault weapon, or an 407 unloaded assault weapon, unless such weapon is kept in the trunk 408 of such vehicle or in a case or other container which is 409 inaccessible to the operator of or any passenger in such 410 vehicle. Any person who violates this subsection commits a 411 misdemeanor of the second degree, punishable as provided in s. 412 775.082 or s. 775.083. Any licensed gun dealer may display the 413 assault weapon or large-capacity magazine at any gun show or 414 sell it to a resident outside the state. 415 (b) Any licensed gun dealer may transfer possession of any 416 assault weapon or large-capacity ammunition magazine received 417 pursuant to paragraph (a) to a gunsmith for purposes of 418 accomplishing service or repair of the same. Transfers are 419 permissible only to the following persons: 420 1. A gunsmith who is in the dealer’s employ; or 421 2. A gunsmith with whom the dealer has contracted for 422 gunsmithing services, provided the gunsmith receiving the 423 assault weapon holds a dealer’s license issued pursuant to 424 chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss. 425 921 et seq., and the regulations issued pursuant thereto. 426 (8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION 427 NOT PROHIBITED.—This section does not prohibit any person, firm, 428 or corporation engaged in the business of manufacturing assault 429 weapons or large-capacity ammunition magazines in this state 430 from manufacturing or transporting assault weapons or large 431 capacity ammunition magazines in this state for sale within this 432 state in accordance with subparagraph (2)(c)1. or for sale 433 outside this state. 434 (9) EXCEPTION.—This section does not apply to any firearm 435 modified to render it permanently inoperable. 436 Section 2. Paragraph (a) of subsection (3) of section 437 775.087, Florida Statutes, is amended to read: 438 775.087 Possession or use of weapon; aggravated battery; 439 felony reclassification; minimum sentence.— 440 (3)(a)1. Any person who is convicted of a felony or an 441 attempt to commit a felony, regardless of whether the use of a 442 firearm is an element of the felony, and the conviction was for: 443 a. Murder; 444 b. Sexual battery; 445 c. Robbery; 446 d. Burglary; 447 e. Arson; 448 f. Aggravated battery; 449 g. Kidnapping; 450 h. Escape; 451 i. Sale, manufacture, delivery, or intent to sell, 452 manufacture, or deliver any controlled substance; 453 j. Aircraft piracy; 454 k. Aggravated child abuse; 455 l. Aggravated abuse of an elderly person or disabled adult; 456 m. Unlawful throwing, placing, or discharging of a 457 destructive device or bomb; 458 n. Carjacking; 459 o. Home-invasion robbery; 460 p. Aggravated stalking; or 461 q. Trafficking in cannabis, trafficking in cocaine, capital 462 importation of cocaine, trafficking in illegal drugs, capital 463 importation of illegal drugs, trafficking in phencyclidine, 464 capital importation of phencyclidine, trafficking in 465 methaqualone, capital importation of methaqualone, trafficking 466 in amphetamine, capital importation of amphetamine, trafficking 467 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 468 (GHB), trafficking in 1,4-Butanediol, trafficking in 469 Phenethylamines, or other violation of s. 893.135(1); 470 471 and during the commission of the offense, such person possessed 472 a semiautomatic firearm and its high-capacity detachable box 473 magazine, an assault weapon or a large-capacity magazine as 474 those terms are defined in s. 790.301, or a machine gun as 475 defined in s. 790.001, shall be sentenced to a minimum term of 476 imprisonment of 15 years. 477 2. Any person who is convicted of a felony or an attempt to 478 commit a felony listed in subparagraph (a)1., regardless of 479 whether the use of a weapon is an element of the felony, and 480 during the course of the commission of the felony such person 481 discharged a semiautomatic firearm and its high-capacity box 482 magazine, an assault weapon or a large-capacity magazine as 483 those terms are defined in s. 790.301, or a “machine gun” as 484 defined in s. 790.001 shall be sentenced to a minimum term of 485 imprisonment of 20 years. 486 3. Any person who is convicted of a felony or an attempt to 487 commit a felony listed in subparagraph (a)1., regardless of 488 whether the use of a weapon is an element of the felony, and 489 during the course of the commission of the felony such person 490 discharged a semiautomatic firearm and its high-capacity box 491 magazine, an assault weapon or a large-capacity magazine as 492 those terms are defined in s. 790.301, or a “machine gun” as 493 defined in s. 790.001 and, as the result of the discharge, death 494 or great bodily harm was inflicted upon any person, the 495 convicted person shall be sentenced to a minimum term of 496 imprisonment of not less than 25 years and not more than a term 497 of imprisonment of life in prison. 498 Section 3. If any provision of this act or its application 499 to any person or circumstance is held invalid, the invalidity 500 does not affect other provisions or applications of the act 501 which can be given effect without the invalid provision or 502 application, and to this end the provisions of this act are 503 severable. 504 Section 4. This act shall take effect October 1, 2020.