Title: Assault Weapons

Summary: Prohibiting the importing into this state, or the distributing, transporting, transferring, selling, or giving within this state, of an assault weapon; prohibiting the possession of an assault weapon; requiring certificates of possession for assault weapons lawfully possessed before a specified date; specifying circumstances in which the manufacture or transportation of assault weapons is not prohibited, etc.

Full Text:
An act relating to assault weapons; creating s. 790.30, F.S.; defining terms; prohibiting the importing into this state, or the distributing, transporting, transferring, selling, or giving within this state, of an assault weapon; providing criminal penalties; providing applicability; prohibiting the possession of an assault weapon; providing exceptions; providing criminal penalties; providing applicability; requiring certificates of possession for assault weapons lawfully possessed before a specified date; requiring the Department of Law Enforcement to adopt rules by a certain date; limiting transfers of assault weapons represented by certificates of possession; providing conditions for continued possession of such weapons; requiring certificates of transfer for transfers of assault weapons; requiring the department to maintain a file of all certificates of transfer; providing for relinquishment of assault weapons; specifying requirements for transportation of assault weapons; providing criminal penalties; specifying circumstances in which the manufacture or transportation of assault weapons is not prohibited; exempting permanently inoperable firearms from certain provisions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 790.30, Florida Statutes, is created to read: 790.30   Assault weapons.  (1)   DEFINITIONS. As used in this section, the term: (a)    Assault weapon  means a selective-fire firearm capable of fully automatic, semiautomatic, or burst fire at the option of the user or any of the following specified semiautomatic firearms:.  All AK series..  All AR series..  Sig Sauer MCX rifle. ( b)    Licensed gun dealer  means a person who has a federal firearms license. (2)   SALE OR TRANSFER.  (a)   A person may not import an assault weapon into th is state or distribute, transport, transfer, sell, keep for sale, offer or expose for sale, or give an assault weapon within this state.1.  Except as provided in sub paragraph 2.,any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum term of imprisonment of years. 2.   A ny person who transfer s, sell s, or give san assault weapon to a person under years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum term of imprisonment of years. ( b)   Paragraph (a) does not apply to: 1.   The sale of an assault weapon to the Department of Law Enforcement, a law enforcement agency as defined in s. 934.02, the Department of Corrections, or the Armed Forces of the United States or of this state for use in the discharge of their official duties. 2.   A person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under subsection (4) and which is disposed of as authorized by the probate court, if the disposition is otherwise authorized under this section. 3.   The transfer by bequest or intestate succession of an assault weapon for which a certificate of possession has been issued under subsection (4). (3)   POSSESSION.  (a)   Except as provided in subsection (5) or otherwise provided in this section or authorized by any other law, a person may not possess an assault weapon within this state.Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum term of imprisonment of year. (b)   Paragraph (a) does not apply to:1. T he possession of an assault weapon by a sworn member or employee of the Department of Law Enforcement, a law enforcement agency as defined in s. 934.02, the Department of Corrections, or the Armed Forces of the United States or of this state for use in the discharge of his or her official duties,and this section does not prohibit the possession or use of an assault weapon by a sworn member of one of these agencies when on duty and the use is within the scope of his or her duties. 2.   The possession of an assault weapon by any person before July 1, 1,if that person:a.  I seligible to apply for a certificate of possession for the assault weapon by July 1, 1;b.   Lawfully possessed the assault weapon before October 1, 20;and c.   I sotherwise in compliance with this section and the applicable requirements of this chapter for possession of a firearm. 3.   A person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under subsection (4), if the assault weapon is possessed at a place specified in subparagraph (4)(c)1. or as authorized by the probate court. (4)   CERTIFICATE OF POSSESSION.  (a)   Any person who lawfully possesses an assault weapon before October 1, 20,shall apply to the Department of Law Enforcement by October 1, 1,for a certificate of possession with respect to such an assault weapon,unless he or she is a member of the Armed Forces of the United States or of this state and cannot comply because he or she is or was on official duty outside this state, in which case he or she must apply within days after returning to th is state. The certificate must contain a description of the assault weapon which identifies the assault weapon uniqu ely, including all identifying marks; the full name, address, date of birth, and thumbprint of the owner; and any other information as the department deem sappropriate. The department shall adopt rules no later than January 1, 1,to establish procedures with respect to the application for, and issuance of, certificates of possession under this section. (b)1. An assault weapon lawfully possessed in accordance with this section may not be sold or transferred on or after January 1, 1,to any person within this state other than to a licensed gun dealer, as provided in subsection (5),or by a bequest or intestate succession. 2. A person who obtains ownership of an assault weapon for which a certificate of possession has been issued under this subsection shall, within days after obtaining ownership,apply to the Department of Law Enforcement for a certificate of possession, render the assault weapon permanently inoperable, sell the assault weapon to a licensed gun dealer, or remove the assault weapon from th is state. 3. A person who moves into th is state and who is in lawful possession of an assault weapon shall, within days, either render the assault weapon permanently inoperable, sell the assault weapon to a licensed gun dealer, or remove the assault weapon from this state, unless the person is a member of the Armed Forces of the United States or of this state, is in lawful possession of an assault weapon, and has been transferred to the state after October 1, 1.(c)   A person who has been issued a certificate of possession for an assault weapon under this subsection may possess it only if the person is: 1.   At the residence, the place of business, or any other property owned by that person, or on a property owned by another person with the owner s express permission; 2.   On the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets; 3.   On a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range; 4.   On the premises of a licensed shooting club; 5.   Attending an exhibition, display, or educational program on firearms which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally recognized or state-recognized entity that fosters proficiency in, or promotes education about, firearms; or 6.   Transporting the assault weapon between any of the places identified in this paragraph, or from or to any licensed gun dealer for servicing or repair pursuant to paragraph (7)(b), provided that the assault weapon is transported as required by subsection (7). (5)   CERTIFICATE OF TRANSFER. If the owner of an assault weapon sells or transfers the weapon to a licensed gun dealer, the licensed gun dealer must,at the time of delivery of the weapon, execute a certificate of transfer and cause the certificate to be mailed or delivered to the Department of Law Enforcement. The certificate must contain all of the following:(a)   The date of sale or transfer. (b)   The name sand address es of the seller or transferor and the licensed gun dealer and their social security numbers or driver license numbers. (c)   The licensed gun dealer s federal firearms license number. (d)   A description of the weapon, including the caliber of the weapon and its make, model, and serial number. (e)   Any other information required by the Department of Law Enforcement. The licensed gun dealer shall present his or her driver license or social security card and federal firearms license to the seller or transferor for inspection at the time of purchase or transfer. The Department of Law Enforcement shall maintain a file of all certificates of transfer at its headquarters. (6)   RELINQUISHMENT. An individual may arrange in advance to relinquish an assault weapon to a law enforcement agency, as defined in s. 934.02, or the Department of Law Enforcement. The assault weapon must be transported in accordance with subsection (7). (7)   TRANSPORTATION.  (a)   A licensed gun dealer who lawfully purchases for resale an assault weapon pursuant to subsection (2) may transport the assault weapon between licensed gun dealers or out of this state, but a person may not carry a loaded assault weapon concealed from public view, or knowingly have in any motor vehicle owned, operated, or occupied by him or her a loaded or unloaded assault weapon, unless the weapon is kept in the trunk of the vehicle or in a case or other container that is inaccessible to the operator of or any passenger in the vehicle. Any person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A licensed gun dealer may display the assault weapon at any gun show or sell it to a resident outside this state. (b)   A licensed gun dealer may transfer possession of any assault weapon received pursuant to paragraph (a) to a gunsmith for the purpose of service or repair if that gunsmith is: 1.   In the licensed gun dealer s employ; or 2.   Contracted by the licensed gun dealer for gunsmithing services, provided the gunsmith holds a dealer s license issued pursuant to chapter of Title of the United States Code, U.S.C. ss. et seq., and the regulations issued pursuant thereto. (8)   CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION NOT PROHIBITED. This section does not prohibit any person, firm, or corporation engaged in the business of manufacturing assault weapons in this state from manufacturing or transporting assault weapons in this state for sale within this state in accordance with subparagraph (2)( b)1. or for sale outside this state. (9)   EXCEPTION. This section does not apply to any firearm modified to render it permanently inoperable. Section 2. This act shall take effect October 1, 2020.