Title: Federal Regulation of Firearms

Summary: Designates act as "Second Amendment Preservation Act"; provides legislative findings; prohibits specified actions to enforce certain federal regulations of firearms & ammunition; provides for loss of position or office of agent or employee of state who violates prohibition.

Full Text:
An act relating to federal regulation of firearms; providing a short title; providing legislative findings; creating s. 790.339, F.S.; prohibiting specified actions to enforce certain federal regulations of firearms and ammunition; providing for loss of position or office of an agent or employee of the state who violates the prohibition; providing a directive to the Division of Law Revision and Information; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. This act may be cited as the "Second Amendment Preservation Act." Section 2. This act shall have no effect on the right to keep and bear arms pursuant to the Florida Constitution and defined by state law. Section 3. The Legislature finds that the Second Amendment to the United States Constitution reads as follows: "A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed." The Legislature finds the enforcement of firearms and ammunition regulations remains a power reserved to the State of Florida and the people therein. Section 4. Section 790.339, Florida Statutes,is created HB 2014 to read: 790.339 Federal infringement of Second Amendment rights prohibited.-(1) Notwithstanding any provision of law, the State of Florida and its agencies, political subdivisions, constitutional officers, officials of its agencies and subdivisions, and their successors, or an employee of such an agency acting in his or her official capacity, or a corporation or person providing services to or on behalf of this state shall not, concerning any act, law, order, rule, or regulation, whether past, present, or future, of the Federal Government relating to a personal firearm or firearm accessory within this state that applies to a personal firearm or firearm accessory based on the design, features, or characteristics of the firearm or accessory: (a) Enforce any such federal act, law, order, rule, or regulation. (b) Provide material support to, participate with, or assist, in any form, any federal agency or employee engaged in the enforcement of any such federal act, law, order, rule, or regulation or any investigation pursuant to the enforcement of any such federal act, law, order, rule, or regulation. (c) Use any state assets, state funds, or funds allocated by the state to local entities on or after the effective date of this act, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the Federal Government in the enforcement of any HB 2014 such federal act, law, order, rule, or regulation or any investigation pursuant to the enforcement of any such federal act, law, order, rule, or regulation as these federal laws shall not be recognized by this state, are specifically rejected by this state, and shall be of no effect in this state. (2) An agent or employee of this state who knowingly violates subsection (1) shall be deemed to have resigned a commission from this state that he or she may possess, and his or her position or office shall be deemed vacant. Section 5. The Division of Law Revision and Information is directed to replace the phrase "the effective date of this act" wherever it occurs in this act with the date this act takes effect. Section 6. This act shall take effect upon becoming a law.