Title: Imitation Firearms

Summary: Prohibits person, for commercial purposes, from knowingly selling imitation firearm after specified date; provides exceptions; prohibits person on or after specified date from knowingly altering, changing, removing, or obliterating certain features required by law for an imitation firearm; prohibits person on or after specified date from knowingly adding certain features that make firearm look more like an imitation firearm; provides exceptions; prohibits person from knowingly displaying or exposing an imitation firearm in public place after specified date; provides exceptions; requires that any imitation firearm manufactured after certain date be accompanied by conspicuous written advisory containing specified information as part of packaging; authorizes conspicuous advisory to be affixed to imitation firearm.

Full Text:
An act relating to imitation firearms; creating s. 559.955, F.S.; providing definitions; creating s. 559.956, F.S.; prohibiting a person from knowingly selling an imitation firearm for commercial purposes on or after a specified date; providing penalties; providing exceptions; creating s. 559.957, F.S.; prohibiting a person from knowingly altering, changing, removing, or obliterating certain features required by law for an imitation firearm on or after a specified date; prohibiting a person from knowingly adding certain features that make a firearm more closely resemble an imitation firearm on or after a specified date; providing penalties; providing exceptions; crea ting s. 559.958, F.S.; prohibiting a person from knowingly displaying or exposing an imitation firearm in a public place on or after a specified date; providing penalties; providing exceptions; creating s. 559.959, F.S.; requiring the packaging of an imita tion firearm manufactured after a specified date to include a conspicuous written advisory containing specified information; authorizing the conspicuous advisory to be affixed to the imitation firearm; providing criminal penalties; providing an effective date. HB 1143 2015 Be It Enacted by the Legislature of the State of Florida: Section 1. Section 559.955, Florida Statutes, is created to read: 559.955 Definitions.-As used in this section and ss. 559.956-559.959, the term: (1) "BB device" means an instrume nt that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action, including an airsoft gun and a spot marker or paintball gun. (2) "Firearm" has the same meaning as provided in s. 790.001. (3) "Im itation firearm" means a BB device, replica of a firearm, or other device that is so substantially similar in color and overall appearance to an actual firearm as to lead a reasonable person to perceive that the device is a firearm. The term does not inclu de a toy gun unless the toy gun is a BB device. (4) "Public place" means an area open to the public, including any of the following: (a) A street, alley, sidewalk, driveway, or parking lot. (b) A bridge. (c) A plaza or park. (d) A front yard. (e) A motor vehicle, whether moving or not moving. (f) A building open to the general public, including one HB 1143 2015 where food or drink is served or entertainment is provided. (g) A doorway or entrance to a building or dwelling. (h) A school operated by a boa rd of education or a community school. (i) A premises owned or leased by a public or private college, university, or other institution of higher education. (5) Except as used in paragraph (4)(h), the term "school" has the same meaning as provided in s. 1003.01. Section 2. Section 559.956, Florida Statutes, is created to read: 559.956 Imitation firearms.-(1) A person may not knowingly sell, for commercial purposes, an imitation firearm in this state on or after January 1, 2017. (2) A person who violates subsection (1) commits commercial sale of an illegal imitation firearm, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Subsection (1) does not apply to the sale of the following: (a) A nonfiring collector's replica of a firearm that is historically significant and is offered for sale in conjunction with a wall plaque or presentation case. (b) A spot marker gun that expels a projectile that is greater than millimeter caliber. (c) A BB device that expels a projectile that is other HB 1143 2015 than millimeter or millimeter caliber. (d) An airsoft gun that expels a projectile that is 80 millimeter or millimeter caliber if the device contains the blaze orange ring on the barrel required by federal law,has a trigger guard that has fluorescent coloration over the entire guard, and meets either of the following criteria: 1. If the airsoft gun is configured as a handgun, there is an adhesive band of fluorescent coloration measuring 86 centimeters wide ar ound the circumference of the protruding pistol grip, and the adhesive band is applied in a manner not intended for removal and is in place on the airsoft gun before sale to a customer; or 2. If the airsoft gun is configured as a rifle or long gun, there is an adhesive band of fluorescent coloration, applied in a manner and in place as described in subparagraph 1., around the circumference of any two or more of the following: a. The protruding pistol grip; b. The buttstock; or c. A protruding ammuni tion magazine or clip. (e) A device the entire exterior surface of which is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other col ors in any pattern. (f) A device that is entirely constructed of transparent HB 1143 2015 or translucent material that permits unmistakable observation of the device's complete contents. (4) Subsection (1) does not apply to a sale of an imitation firearm for any of the following purposes: (a) Solely for export in interstate or foreign commerce. (b) Solely for lawful use in a theatrical production, including a motion picture or a video, television, or stage production. (c) Solely for use in a certified or regul ated sporting event or competition. (d) Solely for use in a military or civil defense activity or ceremonial activity. (e) For any public display authorized by a school. Section 3. Section 559.957, Florida Statutes, is created to read: 559.957 Al tering an imitation firearm.-(1) A person, on or after January 1, 2017, may not knowingly alter, change, remove, or obliterate any color, marking, or band that is required by any applicable law or regulation of this state or the United States for an imi tation firearm in a way that makes the imitation firearm or BB device more closely resemble an actual firearm. (2) A person, on or after January 1, 2017, may not knowingly add to any firearm any color, marking, or band that is required by any applicable law or regulation of this state or the United States for an imitation firearm in a way that makes HB 1143 2015 the firearm mo re closely resemble an imitation firearm. (3)(a) A person who violates subsection (1) commits alteration of an imitation firearm, a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who viola tes subsection (2) commits disguising a firearm as an imitation firearm, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) Subsection (1) does not apply to: (a) A manufacturer, importer, or distributor of imitat ion firearms. (b) Lawful use in a theatrical production, including a motion picture or a video, television, or stage production. Section 4. Section 559.958, Florida Statutes, is created to read: 559.958 Open display of imitation firearm.-(1) A person may not knowingly display or expose an imitation firearm in a public place on or after January 1, 2017. (2) A person who violates subsection (1) commits illegal public display of an imitation firearm, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Subsection (1) does not apply if the imitation firearm is: (a) Packaged or concealed so that it is not subject to HB 1143 2015 public viewing; (b) Displayed or exposed in the course of commerce, including in a commerci al film or video production, or for service, repair, or restoration of the imitation firearm; (c) Used in a theatrical production, including a motion picture or a video, television, or stage production; (d) Used in conjunction with a certified or regul ated sporting event or competition; (e) Used in conjunction with lawful hunting or a lawful pest control activity; (f) Used or possessed at a certified or regulated public or private shooting range; (g) Used at a fair, exhibition, exposition, or othe rsimilar activity for which a permit has been obtained from a local or state government; (h) Used in a military, civil defense, or civic activity, including a flag ceremony, color guard, parade, award presentation, historical reenactment, or memorial; (i) Used for a public display authorized by a school or for a display that is part of a museum collection; (j) Used in a parade, ceremony, or other similar activity for which a permit has been obtained from a local or state government; (k) Displayed on a wall plaque or in a presentation case; (l) Used in an area where the discharge of a firearm is lawful; or HB 1143 2015 (m) Manufactured in such a way that its entire exterior surface is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or entirely constructed of transparent or translucent material that permits unmistakable observation of the device's complete content s. An imitation firearm that merely has an orange tip as provided in federal law does not satisfy the requirements of this paragraph. Section 5. Section 559.959, Florida Statutes, is created to read: 559.959 Packaging of imitation firearm.-(1) The packaging of an imitation firearm manufactured after July 1, 2016, must include, at the time of offer for commercial sale in this state, a conspicuous written advisory that substantially states the following: (a) The product may be mistaken for a firear mby law enforcement officers or other persons. (b) Altering the coloration or markings required by state or federal law so as to make the product more closely resemble a firearm is dangerous and may result in criminal penalties. (c) Brandishing or dis playing the product in public may cause confusion and may result in criminal penalties. (2) To comply with subsection (1), the conspicuous advisory may be affixed to the imitation firearm. (3) A manufacturer, importer, or distributor that HB 1143 2015 knowingly fai ls to comply with subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 and shall be fined as follows: (a) Except as otherwise provided in paragraph (b) or paragraph (c), no more than $1,000. (b) If the offender has been convicted of or pleaded guilty to one previous violation, no more than $5,000. (c) If the offender has been convicted of or pleaded guilty to two or more previous violations, no more than $10,000. Section 6. This act shall take effect October 1, 2015.