Florida Senate - 2020                                     SB 558
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00312-20                                            2020558__
    1                        A bill to be entitled                      
    2         An act relating to large-capacity magazines; creating
    3         s. 790.236, F.S.; defining the term “large-capacity
    4         magazine”; prohibiting the sale, transfer, or
    5         possession of large-capacity magazines; providing
    6         criminal penalties; providing exceptions; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 790.236, Florida Statutes, is created to
   12  read:
   13         790.236 Large-capacity magazines prohibited.—
   14         (1) DEFINITION.—“Large-capacity magazine” means any
   15  ammunition feeding device with the capacity to accept more than
   16  10 rounds, or any conversion kit, part, or combination of parts
   17  in the possession or under the control of a person from which
   18  such a device can be assembled, but does not include any of the
   19  following:
   20         (a) An ammunition feeding device that has been permanently
   21  altered so that it cannot accommodate more than 10 rounds;
   22         (b) A .22 caliber tube ammunition feeding device; or
   23         (c) A tubular magazine that is contained in a lever-action
   24  firearm.
   25         (2) SALE OR TRANSFER.—Except as provided in subsection (4),
   26  a person who imports into this state or who distributes,
   27  transports, sells, keeps for sale, offers or exposes for sale,
   28  or gives a large-capacity magazine within this state commits a
   29  felony of the third degree, punishable as provided in s.
   30  775.082, s. 775.083, or s. 775.084.
   31         (3) POSSESSION.—Except as provided in subsection (4), a
   32  person who possesses within this state a large-capacity magazine
   33  commits a felony of the third degree, punishable as provided in
   34  s. 775.082, s. 775.083, or s. 775.084.
   35         (4) EXCEPTIONS.—This section does not apply to the sale,
   36  transfer, or possession of a large-capacity magazine by
   37  employees of the Department of Law Enforcement, a law
   38  enforcement agency as defined in s. 934.02, the Department of
   39  Corrections, or the Armed Forces of the United States or of this
   40  state for use in the discharge of their official duties and does
   41  not prohibit the use or possession of large-capacity magazines
   42  by sworn members of these agencies when on duty if their use is
   43  within the scope of their duties.
   44         Section 2. This act shall take effect October 1, 2020.