Title: Reclassification of Offenses Involving Certain Firearms or Firearm Accessories

Summary: Provides for reclassification of offenses committed while in possession of firearm or weapon capable of holding more than 13 rounds of ammunition, possession of two or more firearms, or firearm & specified accessories.

Full Text:
An act relating to reclassification of offenses involving certain firearms or firearm accessories; amending s. 775.087, F.S.; providing for reclassification of offenses committed while in possession of a firearm or weapon capable of holding more than rounds of ammunition, possession of two or more firearms, or a firearm and specified accessories; providing an effective date. Be It Enacted by the Legislatu re of the State of Florida: Section 1. Subsection (1) of section 775.087, Florida Statutes, is amended to read: 775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.-(1)(a) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any wea pon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows: 1.(a) In the case of a felony of the first degree, to a HB 1067 2018 life felony. 2.(b) In the case of a felony of the second degree, to a felony of the first degree. 3.(c) In the case of a felony of the third degree, to a felony of the second degree. (b)1. In addition to any other classification of an offense provided by law, whenever a person commits a misdemeanor or felony, and during the commission of such offense the person carries, displays, uses, threatens to use, or attempts to use a weapon or firearm capable of holding or more rounds of ammunition without the necessity of relo ading, the person possesses two or more firearms, the person possesses a firearm with a bump-fire stock, or the person possesses a firearm and possesses more than one firearm magazine capable of being used in the firearm, the offense for which the person i scharged shall be reclassified as follows: a. In the case of a felony of the first degree, to a life felony. b. In the case of a felony of the second degree, to a felony of the first degree. c. In the case of a felony of the third degree, to a felony of the second degree. d. In the case of a misdemeanor of the first degree, to a felony of the third degree. e. In the case of a misdemeanor of the second degree, to a HB 1067 2018 misdemeanor of the first degree. 2. As used in this paragraph, the term "bump-fire stock" means a gun conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire of a semiautomatic firearm to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device. For purposes of sentencing under chapter and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified und er this subsection section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed. Section 2. This act shall take effect October 1, 2018.