Florida Senate - 2025 SB 1338
By Senator Smith
17-00166-25 20251338__
1 A bill to be entitled
2 An act relating to assault weapons and large-capacity
3 magazines; creating s. 790.301, F.S.; defining terms;
4 prohibiting the sale or transfer of an assault weapon
5 or a large-capacity magazine; providing exceptions;
6 providing criminal penalties; prohibiting possession
7 of an assault weapon or a large-capacity magazine;
8 providing exceptions; providing criminal penalties;
9 requiring certificates of possession for assault
10 weapons or large-capacity magazines lawfully possessed
11 before a specified date; specifying requirements for
12 the certificates; requiring the Department of Law
13 Enforcement to adopt rules by a specified date;
14 requiring the department to conduct certain background
15 investigations; specifying the form of the
16 certificates of possession; limiting sales or
17 transfers of assault weapons or large-capacity
18 magazines documented by certificates of possession;
19 providing conditions for continued possession of such
20 weapons or large-capacity magazines; specifying
21 requirements for an applicant who fails to qualify for
22 a certificate of possession; requiring certificates of
23 transfer for transfers of certain assault weapons or
24 large-capacity magazines; specifying requirements for
25 certificates of transfer; requiring the department to
26 maintain a file of such certificates; providing for
27 relinquishment of assault weapons or large-capacity
28 magazines; specifying requirements for transporting
29 assault weapons or large-capacity magazines under
30 certain circumstances; providing criminal penalties;
31 specifying circumstances in which the manufacture or
32 transport of assault weapons or large-capacity
33 magazines is not prohibited; exempting permanently
34 inoperable firearms from certain provisions; amending
35 s. 775.087, F.S.; providing enhanced criminal
36 penalties for certain offenses when committed with an
37 assault weapon or a large-capacity magazine; providing
38 for severability; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 790.301, Florida Statutes, is created to
43 read:
44 790.301 Assault weapons.—
45 (1) DEFINITIONS.—As used in this section, the term:
46 (a)1. “Assault weapon” means any selective-fire firearm
47 capable of fully automatic, semiautomatic, or burst fire at the
48 option of the user or any of the following semiautomatic
49 firearms:
50 a. All AK series, including, but not limited to, the
51 following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
52 NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
53 and Vector Arms AK-47.
54 b. All AR series, including, but not limited to, the
55 following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
56 M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
57 M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
58 AR rifles.
59 c. Algimec AGM1.
60 d. Barrett 82A1 and REC7.
61 e. Beretta AR-70 and Beretta Storm.
62 f. Bushmaster Auto Rifle.
63 g. Calico Liberty series.
64 h. Chartered Industries of Singapore SR-88.
65 i. Colt Sporter.
66 j. Daewoo K-1, K-2, Max-1, and Max-2.
67 k. Fabrique National FN/FAL, FN/LAR, and FNC.
68 l. FAMAS MAS 223.
69 m. Federal XC-900 and SC-450.
70 n. FNH PS90, SCAR, and FS2000.
71 o. Goncz High Tech Carbine.
72 p. Hi-Point Carbine.
73 q. HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
74 r. Kel-Tec Sub-2000, SU series, RFB.
75 s. M1 Carbine.
76 t. SAR-8, SAR-4800, and SR9.
77 u. SIG 57 AMT and 500 Series.
78 v. SIG Sauer MCX Rifle.
79 w. SKS capable of accepting a detachable magazine.
80 x. SLG 95.
81 y. SLR 95 or 96.
82 z. Spectre Auto Carbine.
83 aa. Springfield Armory BM59, SAR-48, and G-3.
84 bb. Sterling MK-6 and MK-7.
85 cc. Steyr AUG.
86 dd. Sturm Ruger Mini-14 with folding stock.
87 ee. TNW M230 and M2HB.
88 ff. Thompson types, including Thompson T5.
89 gg. UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
90 Rifle (Galatz), or Vector Arms UZI.
91 hh. Weaver Arms Nighthawk.
92 2. All of the following handguns, or copies, duplicates, or
93 altered facsimiles thereof with the capability of any such
94 weapon:
95 a. AK-47 pistol and Mini AK-47 pistol.
96 b. AR-15 pistol.
97 c. Australian Automatic Arms SAP pistol.
98 d. Bushmaster Auto Pistol.
99 e. Calico Liberty series pistols.
100 f. Encom MK-IV, MP-9, and MP-45.
101 g. Feather AT-9 and Mini-AT.
102 h. Goncz High Tech Long pistol.
103 i. Holmes MP-83.
104 j. Iver Johnson Enforcer.
105 k. MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
106 Velocity Arms VMA series.
107 l. Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
108 m. UZI pistol and Micro-UZI pistol.
109 n. Colefire Magnum.
110 o. Scarab Skorpion.
111 p. Spectre Auto pistol.
112 q. German Sport 522 PK.
113 r. Chiappa Firearms Mfour-22.
114 s. DSA SA58 PKP FAL.
115 t. I.O. Inc. PPS-43C.
116 u. Kel-Tec PLR-16 pistol.
117 v. SIG Sauer P556 pistol.
118 w. Thompson TA5 series pistols.
119 x. Wilkinson “Linda” pistol.
120 3. All of the following shotguns, or copies, duplicates, or
121 altered facsimiles thereof with the capability of any such
122 weapon:
123 a. Armscor 30 BG.
124 b. Franchi SPAS-12 and Law-12.
125 c. Remington TAC-2 or TACB3 FS.
126 d. SPAS 12 or LAW 12.
127 e. Striker 12.
128 f. Streetsweeper.
129 g. Saiga.
130 h. USAS-12.
131 i. Kel-Tec KSG.
132 4. A part or combination of parts which converts a firearm
133 into an assault weapon, or any combination of parts from which
134 an assault weapon may be assembled if those parts are in the
135 possession or under the control of the same person.
136 5. Any semiautomatic firearm not listed in subparagraphs
137 1.-4. which meets any of the following criteria:
138 a. A semiautomatic rifle that has an ability to accept a
139 detachable magazine and has one or more of the following:
140 (I) A folding or telescoping stock;
141 (II) A pistol grip, a thumbhole stock or Thordsen-type grip
142 or stock, or any other characteristic that can function as a
143 grip;
144 (III) A bayonet mount;
145 (IV) A flash suppressor or threaded barrel designed to
146 accommodate a flash suppressor;
147 (V) A grenade launcher; or
148 (VI) A shroud attached to the barrel, or that partially or
149 completely encircles the barrel, allowing the shooter to hold
150 the firearm with the non-trigger hand without being burned, but
151 excluding a slide that encloses the barrel.
152 b. A semiautomatic pistol that has an ability to accept a
153 detachable magazine and has one or more of the following:
154 (I) The capacity to accept a large-capacity magazine that
155 attaches to the pistol at any location outside of the pistol
156 grip;
157 (II) A threaded barrel capable of accepting a barrel
158 extender, flash suppressor, forward handgrip, or silencer;
159 (III) A slide that encloses the barrel and that allows the
160 shooter to hold the firearm with the non-trigger hand without
161 being burned;
162 (IV) A manufactured weight of 50 ounces or more when the
163 pistol is unloaded;
164 (V) A semiautomatic version of an automatic firearm;
165 (VI) Any feature capable of functioning as a protruding
166 grip that can be held by the non-trigger hand; or
167 (VII) A folding, telescoping, or thumbhole stock.
168 c. A semiautomatic shotgun that has one or more of the
169 following:
170 (I) A folding or telescoping stock;
171 (II) A pistol grip, a thumbhole stock or Thordsen-type grip
172 or stock, or any other characteristic that can function as a
173 grip;
174 (III) A thumbhole stock;
175 (IV) A fixed magazine capacity in excess of 5 rounds; or
176 (V) An ability to accept a detachable magazine.
177 d. Any semiautomatic pistol or any semiautomatic,
178 centerfire, or rimfire rifle with a fixed magazine that has the
179 capacity to accept more than 10 rounds of ammunition.
180 e. A part or combination of parts designed or intended to
181 convert a firearm into an assault weapon, or any combination of
182 parts from which an assault weapon may be assembled if those
183 parts are in the possession or under the control of the same
184 person.
185 (b) “Detachable magazine” means an ammunition feeding
186 device that can be removed from a firearm without disassembly of
187 the firearm action.
188 (c) “Fixed magazine” means an ammunition feeding device
189 contained in, or permanently attached to, a firearm in such a
190 manner that the device cannot be removed without disassembly of
191 the firearm action.
192 (d) “Large-capacity magazine” means an ammunition feeding
193 device with the capacity to accept more than 10 rounds, or any
194 conversion kit, part, or combination of parts from which such a
195 device can be assembled if those parts are in the possession or
196 under the control of the same person, but does not include any
197 of the following:
198 1. A feeding device that has been permanently altered so
199 that it cannot accommodate more than 10 rounds;
200 2. A .22 caliber tube ammunition feeding device; or
201 3. A tubular magazine that is contained in a lever-action
202 firearm.
203 (e) “Licensed gun dealer” means a person who has a federal
204 firearms license.
205 (2) SALE OR TRANSFER.—
206 (a) A person who, within this state, distributes,
207 transports, or imports into this state; who sells, keeps for
208 sale, or offers or exposes for sale; or who gives an assault
209 weapon or a large-capacity magazine in violation of this
210 section, except as provided in paragraph (c), commits a felony
211 of the third degree, punishable as provided in s. 775.082, s.
212 775.083, or s. 775.084, with a mandatory minimum term of
213 imprisonment of 2 years.
214 (b) A person who transfers, sells, or gives an assault
215 weapon or a large-capacity magazine to a person under 18 years
216 of age in violation of this section commits a felony of the
217 second degree, punishable as provided in s. 775.082, s. 775.083,
218 or s. 775.084, with a mandatory minimum term of imprisonment of
219 6 years.
220 (c) Paragraph (a) does not apply to:
221 1. The sale of assault weapons or large-capacity magazines
222 to the Department of Law Enforcement, a law enforcement agency
223 as defined in s. 934.02, the Department of Corrections, or the
224 military or naval forces of this state or of the United States
225 for use in the discharge of their official duties.
226 2. A person who is the executor or administrator of an
227 estate that includes an assault weapon or a large-capacity
228 magazine for which a certificate of possession has been issued
229 under subsection (4) and which is disposed of as authorized by
230 the probate court, if the disposition is otherwise permitted
231 under this section.
232 3. The transfer by bequest or intestate succession of an
233 assault weapon or a large-capacity magazine for which a
234 certificate of possession has been issued under subsection (4).
235 (3) POSSESSION.—
236 (a) Except as provided in subsection (5), a person who,
237 within this state, possesses any assault weapon or large
238 capacity magazine, except as provided in this section or as
239 otherwise authorized by law, commits a felony of the third
240 degree, punishable as provided in s. 775.082, s. 775.083, or s.
241 775.084, with a mandatory minimum term of imprisonment of 1
242 year.
243 (b) Paragraph (a) does not apply to the possession of
244 assault weapons or large-capacity magazines by members or
245 employees of the Department of Law Enforcement, a law
246 enforcement agency as defined in s. 934.02, the Department of
247 Corrections, or the military or naval forces of this state or of
248 the United States for use in the discharge of their official
249 duties; and this section does not prohibit the possession or use
250 of assault weapons or large-capacity magazines by sworn members
251 of such agencies when on duty and when the use is within the
252 scope of their duties.
253 (c) Paragraph (a) does not apply to the possession of an
254 assault weapon or a large-capacity magazine by a person before
255 July 1, 2026, if all of the following are applicable:
256 1. The person is eligible to apply for a certificate of
257 possession under subsection (4) for the assault weapon or large
258 capacity magazine by July 1, 2026.
259 2. The person lawfully possessed the assault weapon or
260 large-capacity magazine before October 1, 2025.
261 3. The person is otherwise in compliance with this section
262 and the applicable requirements of this chapter for possession
263 of a firearm.
264 (d) Paragraph (a) does not apply to a person who is the
265 executor or administrator of an estate that includes an assault
266 weapon or a large-capacity magazine for which a certificate of
267 possession has been issued under subsection (4), if the assault
268 weapon is possessed at a place set forth in subparagraph
269 (4)(d)1. or as authorized by the probate court.
270 (4) CERTIFICATE OF POSSESSION.—
271 (a) A person who lawfully possesses an assault weapon or a
272 large-capacity magazine before October 1, 2025, must apply by
273 October 1, 2026, or, if such person is a member of the military
274 or naval forces of this state or of the United States and is
275 unable to apply by October 1, 2026, because he or she is or was
276 on official duty outside of this state, must apply within 90
277 days after returning to this state, to the Department of Law
278 Enforcement for a certificate of possession with respect to such
279 assault weapon or large-capacity magazine. The certificate must
280 contain a description of the assault weapon or large-capacity
281 magazine which identifies it uniquely, including all
282 identification marks; the full name, address, date of birth, and
283 thumbprint of the owner; and any other information as the
284 department may deem appropriate. The department shall adopt
285 rules no later than January 1, 2026, to establish procedures
286 with respect to the application for, and issuance of,
287 certificates of possession pursuant to this subsection. The
288 thumbprint of the applicant must be taken by a law enforcement
289 agency or the Department of Law Enforcement together with any
290 personal identifying information required by federal law to
291 process fingerprints. Charges for thumbprint services under this
292 paragraph are not subject to the sales tax on fingerprint
293 services imposed in s. 212.05(1)(i). The Department of Law
294 Enforcement shall conduct a background investigation pursuant to
295 this subsection.
296 (b) A certificate of possession issued under this
297 subsection must be in substantially the following form:
298
299 CERTIFICATE OF POSSESSION OF ASSAULT WEAPON
300 Certificate Number:
301 Owner’s Name: (last, first, middle)
302 Address (NO P.O. Boxes): (number, street, city or town,
303 state, zip code)
304 Date of Birth:
305 Social Security Number (optional, but will help prevent
306 misidentification):
307 Driver License Number and State:
308 Manufacturer:
309 Importer:
310 Serial Number:
311 Model:
312 Caliber:
313 Unique I.D./Markings:
314 Signature of Owner:
315 Applicant’s Right Thumbprint:
316
317 (c) An assault weapon or a large-capacity magazine
318 possessed pursuant to this section may not be sold or
319 transferred on or after January 1, 2026, to a person within this
320 state other than to a licensed gun dealer, as provided in
321 subsection (5), or by a bequest or intestate succession. A
322 person who obtains title to an assault weapon or a large
323 capacity magazine for which a certificate of possession has been
324 issued under this subsection by bequest or intestate succession
325 must, within 90 days after obtaining title, apply to the
326 Department of Law Enforcement for a certificate of possession as
327 provided in this subsection, render the assault weapon or large
328 capacity magazine permanently inoperable, sell the weapon or
329 large-capacity magazine to a licensed gun dealer, or remove the
330 weapon or large-capacity magazine from this state. A person who
331 moves into this state in lawful possession of an assault weapon
332 or a large-capacity magazine must, within 90 days, either render
333 the weapon or large-capacity magazine permanently inoperable,
334 sell the weapon or large-capacity magazine to a licensed gun
335 dealer, or remove the weapon or large-capacity magazine from
336 this state. This paragraph does not apply to a person who is a
337 member of the military or naval forces of this state or of the
338 United States, is in lawful possession of an assault weapon or a
339 large-capacity magazine, and who has been transferred into this
340 state after October 1, 2026.
341 (d) A person who has been issued a certificate of
342 possession for an assault weapon or a large-capacity magazine
343 under this subsection may possess it only under the following
344 conditions:
345 1. At that person’s residence, place of business, or other
346 property owned by that person, or on property owned by another
347 person with the owner’s express permission;
348 2. While on the premises of a target range of a public or
349 private club or organization organized for the purpose of
350 practicing shooting at targets;
351 3. While on a target range that holds a regulatory or
352 business license for the purpose of practicing shooting at that
353 target range;
354 4. While on the premises of a licensed shooting club;
355 5. While attending any exhibition, display, or educational
356 program that is about firearms and is sponsored by, conducted
357 under the auspices of, or approved by a law enforcement agency
358 or a nationally or state-recognized entity that fosters
359 proficiency in, or promotes education about, firearms; or
360 6. While transporting the assault weapon or large-capacity
361 magazine between any of the places mentioned in this paragraph,
362 or to any licensed gun dealer for servicing or repair pursuant
363 to paragraph (7)(b), provided the assault weapon or large
364 capacity magazine is transported as required by subsection (7).
365 (e) If an applicant for a certificate of possession under
366 this subsection fails to qualify for the certificate after the
367 background investigation required under this subsection, the
368 applicant must arrange to relinquish all assault weapons or
369 large-capacity magazines in his or her possession as provided in
370 subsection (6) within 10 days after he or she receives written
371 notice from the Department of Law Enforcement of failure to
372 qualify for the certificate. Such applicant who fails to make
373 such an arrangement within the time specified in this paragraph
374 is thereafter in violation of this section.
375 (5) CERTIFICATE OF TRANSFER.—If an owner of an assault
376 weapon or a large-capacity magazine sells or transfers the
377 weapon or magazine to a licensed gun dealer, the owner must, at
378 the time of delivery of the weapon, execute a certificate of
379 transfer and cause the certificate to be mailed or delivered to
380 the Department of Law Enforcement. The certificate must contain
381 all of the following:
382 (a) The date of sale or transfer.
383 (b) The names and addresses of the seller or transferor and
384 the licensed gun dealer and their social security numbers or
385 driver license numbers.
386 (c) The licensed gun dealer’s federal firearms license
387 number.
388 (d) A description of the weapon, including the caliber of
389 the weapon and its make, model, and serial number.
390 (e) Any other information the Department of Law Enforcement
391 prescribes.
392
393 The licensed gun dealer shall present his or her driver license
394 or social security card and federal firearms license to the
395 seller or transferor for inspection at the time of purchase or
396 transfer. The Department of Law Enforcement shall maintain at
397 its headquarters a file of all certificates of transfer.
398 (6) RELINQUISHMENT.—An individual may arrange in advance to
399 relinquish an assault weapon or a large-capacity magazine to a
400 law enforcement agency as defined in s. 934.02 or to the
401 Department of Law Enforcement. The assault weapon or large
402 capacity magazine must be transported in accordance with
403 subsection (7).
404 (7) TRANSPORTATION.—
405 (a) A licensed gun dealer who lawfully purchases for resale
406 outside this state an assault weapon or a large-capacity
407 magazine pursuant to subsection (2) may transport the assault
408 weapon or large-capacity magazine between dealers or outside
409 this state, but a person may not carry a loaded assault weapon
410 concealed from public view or knowingly have in any motor
411 vehicle owned, operated, or occupied by him or her a loaded
412 assault weapon or an unloaded assault weapon, unless such weapon
413 is kept in the trunk of such vehicle or in a case or other
414 container that is inaccessible to the operator of or any
415 passenger in such vehicle. A person who violates this subsection
416 commits a misdemeanor of the second degree, punishable as
417 provided in s. 775.082 or s. 775.083. Any licensed gun dealer
418 may display the assault weapon or large-capacity magazine at any
419 gun show or sell it to a buyer outside this state.
420 (b) Any licensed gun dealer may transfer possession of any
421 assault weapon or large-capacity magazine received pursuant to
422 paragraph (a) to a gunsmith for purposes of accomplishing
423 service or repair of the same. Transfers are permissible only to
424 the following persons:
425 1. A gunsmith who is in the dealer’s employ; or
426 2. A gunsmith with whom the dealer has contracted for
427 gunsmithing services, provided that the gunsmith receiving the
428 assault weapon holds a dealer’s license issued pursuant to
429 chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss.
430 921 et seq., and the regulations issued pursuant thereto.
431 (8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION IS
432 NOT PROHIBITED.—This section does not prohibit any person, firm,
433 or corporation engaged in the business of manufacturing assault
434 weapons or large-capacity magazines in this state from
435 manufacturing or transporting assault weapons or large-capacity
436 magazines in this state for sale within this state in accordance
437 with subparagraph (2)(c)1. or for sale outside this state.
438 (9) EXCEPTION.—This section does not apply to any firearm
439 modified to render it permanently inoperable.
440 Section 2. Paragraph (a) of subsection (3) of section
441 775.087, Florida Statutes, is amended to read:
442 775.087 Possession or use of weapon; aggravated battery;
443 felony reclassification; minimum sentence.—
444 (3)(a)1. Any person who is convicted of a felony or an
445 attempt to commit a felony, regardless of whether the use of a
446 firearm is an element of the felony, and the conviction was for:
447 a. Murder;
448 b. Sexual battery;
449 c. Robbery;
450 d. Burglary;
451 e. Arson;
452 f. Aggravated battery;
453 g. Kidnapping;
454 h. Escape;
455 i. Sale, manufacture, delivery, or intent to sell,
456 manufacture, or deliver any controlled substance;
457 j. Aircraft piracy;
458 k. Aggravated child abuse;
459 l. Aggravated abuse of an elderly person or disabled adult;
460 m. Unlawful throwing, placing, or discharging of a
461 destructive device or bomb;
462 n. Carjacking;
463 o. Home-invasion robbery;
464 p. Aggravated stalking;
465 q. Trafficking in cannabis, trafficking in cocaine, capital
466 importation of cocaine, trafficking in illegal drugs, capital
467 importation of illegal drugs, trafficking in phencyclidine,
468 capital importation of phencyclidine, trafficking in
469 methaqualone, capital importation of methaqualone, trafficking
470 in amphetamine, capital importation of amphetamine, trafficking
471 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
472 (GHB), trafficking in 1,4-Butanediol, trafficking in
473 Phenethylamines, or other violation of s. 893.135(1); or
474 r. Human trafficking,
475
476 and during the commission of the offense, such person possessed
477 a semiautomatic firearm and its high-capacity detachable box
478 magazine, an assault weapon or a large-capacity magazine as
479 those terms are defined in s. 790.301, or a machine gun as
480 defined in s. 790.001, shall be sentenced to a minimum term of
481 imprisonment of 15 years.
482 2. Any person who is convicted of a felony or an attempt to
483 commit a felony listed in subparagraph 1., regardless of whether
484 the use of a weapon is an element of the felony, and during the
485 course of the commission of the felony such person discharged a
486 semiautomatic firearm and its high-capacity box magazine, an
487 assault weapon or a large-capacity magazine as those terms are
488 defined in s. 790.301, or a “machine gun” as defined in s.
489 790.001, shall be sentenced to a minimum term of imprisonment of
490 20 years.
491 3. Any person who is convicted of a felony or an attempt to
492 commit a felony listed in subparagraph 1., regardless of whether
493 the use of a weapon is an element of the felony, and during the
494 course of the commission of the felony such person discharged a
495 semiautomatic firearm and its high-capacity box magazine, an
496 assault weapon or a large-capacity magazine as those terms are
497 defined in s. 790.301, or a “machine gun” as defined in s.
498 790.001 and, as the result of the discharge, death or great
499 bodily harm was inflicted upon any person, the convicted person
500 shall be sentenced to a minimum term of imprisonment of not less
501 than 25 years and not more than a term of imprisonment of life
502 in prison.
503 Section 3. If any provision of this act or its application
504 to any person or circumstance is held invalid, the invalidity
505 does not affect other provisions or applications of the act
506 which can be given effect without the invalid provision or
507 application, and to this end the provisions of this act are
508 severable.
509 Section 4. This act shall take effect October 1, 2025.