Florida Senate - 2024 SB 150



By Senator Berman





26-00007-24 2024150__
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 specifying the form of the certificates; limiting
15 sales or transfers of assault weapons or large
16 capacity magazines documented by certificates of
17 possession; providing conditions for continued
18 possession of such weapons or large-capacity
19 magazines; specifying requirements for an applicant
20 who fails to qualify for a certificate of possession;
21 requiring certificates of transfer for transfers of
22 certain assault weapons or large-capacity magazines;
23 providing requirements for certificates of transfer;
24 requiring the department to maintain a file of such
25 certificates; providing for relinquishment of assault
26 weapons or large-capacity magazines; providing
27 requirements for transporting assault weapons or
28 large-capacity magazines under certain circumstances;
29 providing criminal penalties; specifying circumstances
30 in which the manufacture or transport of assault
31 weapons or large-capacity magazines is not prohibited;
32 exempting permanently inoperable firearms from certain
33 provisions; amending s. 775.087, F.S.; providing
34 enhanced criminal penalties for certain offenses when
35 committed with an assault weapon or a large-capacity
36 magazine; providing for severability; providing an
37 effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Section 790.301, Florida Statutes, is created to
42 read:
43 790.301 Assault weapons.—
44 (1) DEFINITIONS.—As used in this section, the term:
45 (a)1. “Assault weapon” means any selective-fire firearm
46 capable of fully automatic, semiautomatic, or burst fire at the
47 option of the user or any of the following semiautomatic
48 firearms:
49 a. All AK series, including, but not limited to, the
50 following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
51 NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
52 and Vector Arms AK-47.
53 b. All AR series, including, but not limited to, the
54 following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
55 M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
56 M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
57 AR rifles.
58 c. Algimec AGM1.
59 d. Barrett 82A1 and REC7.
60 e. Beretta AR-70 and Beretta Storm.
61 f. Bushmaster Auto Rifle.
62 g. Calico Liberty series.
63 h. Chartered Industries of Singapore SR-88.
64 i. Colt Sporter.
65 j. Daewoo K-1, K-2, Max-1, and Max-2.
66 k. FAMAS MAS 223.
67 l. Federal XC-900 and SC-450.
68 m. Fabrique National FN/FAL, FN/LAR, or FNC.
69 n. FNH PS90, SCAR, and FS2000.
70 o. Goncz High Tech Carbine.
71 p. Hi-Point Carbine.
72 q. HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
73 r. Kel-Tec Sub-2000, SU series, RFB.
74 s. M1 Carbine.
75 t. SAR-8, SAR-4800, and SR9.
76 u. SIG 57 AMT and 500 Series.
77 v. SIG Sauer MCX Rifle.
78 w. SKS capable of accepting a detachable magazine.
79 x. SLG 95.
80 y. SLR 95 or 96.
81 z. Spectre Auto Carbine.
82 aa. Springfield Armory BM59, SAR-48, and G-3.
83 bb. Sterling MK-6 and MK-7.
84 cc. Steyr AUG.
85 dd. Sturm Ruger Mini-14 with folding stock.
86 ee. TNW M230 and M2HB.
87 ff. Thompson types, including Thompson T5.
88 gg. UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
89 Rifle (Galatz), or Vector Arms UZI.
90 hh. Weaver Arms Nighthawk.
91 2. All of the following handguns, or copies, duplicates, or
92 altered facsimiles thereof with the capability of any such
93 weapon:
94 a. AK-47 pistol and Mini AK-47 pistol.
95 b. AR-15 pistol.
96 c. Australian Automatic Arms SAP pistol.
97 d. Bushmaster Auto Pistol.
98 e. Calico Liberty series pistols.
99 f. Encom MK-IV, MP-9, and MP-45.
100 g. Feather AT-9 and Mini-AT.
101 h. Goncz High Tech Long pistol.
102 i. Holmes MP-83.
103 j. Iver Johnson Enforcer.
104 k. MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
105 Velocity Arms VMA series.
106 l. Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
107 m. UZI pistol and Micro-UZI pistol.
108 n. Colefire Magnum.
109 o. Scarab Skorpion.
110 p. Spectre Auto pistol.
111 q. German Sport 522 PK.
112 r. Chiappa Firearms Mfour-22.
113 s. DSA SA58 PKP FAL.
114 t. I.O. Inc. PPS-43C.
115 u. Kel-Tec PLR-16 pistol.
116 v. SIG Sauer P556 pistol.
117 w. Thompson TA5 series pistols.
118 x. Wilkinson “Linda” pistol.
119 3. All of the following shotguns, or copies, duplicates, or
120 altered facsimiles thereof with the capability of any such
121 weapon:
122 a. Armscor 30 BG.
123 b. Franchi SPAS-12 and Law-12.
124 c. Remington TAC-2 or TACB3 FS.
125 d. SPAS 12 or LAW 12.
126 e. Striker 12.
127 f. Streetsweeper.
128 g. Saiga.
129 h. USAS-12.
130 i. Kel-Tec KSG.
131 4. A part or combination of parts which converts a firearm
132 into an assault weapon, or any combination of parts from which
133 an assault weapon may be assembled if those parts are in the
134 possession or under the control of the same person.
135 5. Any semiautomatic firearm not listed in subparagraphs
136 1.-4. which meets any of the following criteria:
137 a. A semiautomatic rifle that has an ability to accept a
138 detachable magazine and has one or more of the following:
139 (I) A folding or telescoping stock;
140 (II) A pistol grip, a thumbhole stock or Thordsen-type grip
141 or stock, or any other characteristic that can function as a
142 grip;
143 (III) A bayonet mount;
144 (IV) A flash suppressor or threaded barrel designed to
145 accommodate a flash suppressor;
146 (V) A grenade launcher; or
147 (VI) A shroud attached to the barrel, or that partially or
148 completely encircles the barrel, allowing the bearer to hold the
149 firearm with the non-trigger hand without being burned, but
150 excluding a slide that encloses the barrel.
151 b. A semiautomatic pistol that has an ability to accept a
152 detachable magazine and has one or more of the following:
153 (I) The capacity to accept a large-capacity magazine that
154 attaches to the pistol at any location outside of the pistol
155 grip;
156 (II) A threaded barrel capable of accepting a barrel
157 extender, flash suppressor, forward handgrip, or silencer;
158 (III) A slide that encloses the barrel and that permits the
159 shooter to hold the firearm with the non-trigger hand without
160 being burned;
161 (IV) A manufactured weight of 50 ounces or more when the
162 pistol is unloaded;
163 (V) A semiautomatic version of an automatic firearm;
164 (VI) Any feature capable of functioning as a protruding
165 grip that can be held by the non-trigger hand; or
166 (VII) A folding, telescoping, or thumbhole stock.
167 c. A semiautomatic shotgun that has one or more of the
168 following:
169 (I) A folding or telescoping stock;
170 (II) A pistol grip, a thumbhole stock or Thordsen-type grip
171 or stock, or any other characteristic that can function as a
172 grip;
173 (III) A thumbhole stock;
174 (IV) A fixed magazine capacity in excess of 5 rounds; or
175 (V) An ability to accept a detachable magazine.
176 d. Any semiautomatic pistol or any semiautomatic,
177 centerfire, or rimfire rifle with a fixed magazine that has the
178 capacity to accept more than 10 rounds of ammunition.
179 e. A part or combination of parts designed or intended to
180 convert a firearm into an assault weapon, or any combination of
181 parts from which an assault weapon may be assembled if those
182 parts are in the possession or under the control of the same
183 person.
184 (b) “Detachable magazine” means an ammunition feeding
185 device that can be removed from a firearm without disassembly of
186 the firearm action.
187 (c) “Fixed magazine” means an ammunition feeding device
188 contained in, or permanently attached to, a firearm in such a
189 manner that the device cannot be removed without disassembly of
190 the firearm action.
191 (d) “Large-capacity magazine” means an ammunition feeding
192 device with the capacity to accept more than 10 rounds, or any
193 conversion kit, part, or combination of parts from which such a
194 device can be assembled if those parts are in the possession or
195 under the control of the same person, but does not include any
196 of the following:
197 1. A feeding device that has been permanently altered so
198 that it cannot accommodate more than 10 rounds;
199 2. A .22 caliber tube ammunition feeding device; or
200 3. A tubular magazine that is contained in a lever-action
201 firearm.
202 (e) “Licensed gun dealer” means a person who has a federal
203 firearms license.
204 (2) SALE OR TRANSFER.—
205 (a) A person who, within this state, distributes,
206 transports, or imports into this state; who sells, keeps for
207 sale, or offers or exposes for sale; or who gives an assault
208 weapon or a large-capacity magazine in violation of this
209 section, except as provided in paragraph (c), commits a felony
210 of the third degree, punishable as provided in s. 775.082, s.
211 775.083, or s. 775.084, with a mandatory minimum term of
212 imprisonment of 2 years.
213 (b) A person who transfers, sells, or gives an assault
214 weapon or a large-capacity magazine to a person under 18 years
215 of age in violation of this section commits a felony of the
216 second degree, punishable as provided in s. 775.082, s. 775.083,
217 or s. 775.084, with a mandatory minimum term of imprisonment of
218 6 years.
219 (c) Paragraph (a) does not apply to:
220 1. The sale of assault weapons or large-capacity magazines
221 to the Department of Law Enforcement, a law enforcement agency
222 as defined in s. 934.02, the Department of Corrections, or the
223 military or naval forces of this state or of the United States
224 for use in the discharge of their official duties.
225 2. A person who is the executor or administrator of an
226 estate that includes an assault weapon or a large-capacity
227 magazine for which a certificate of possession has been issued
228 under subsection (4) and which is disposed of as authorized by
229 the probate court, if the disposition is otherwise permitted
230 under this section.
231 3. The transfer by bequest or intestate succession of an
232 assault weapon or a large-capacity magazine for which a
233 certificate of possession has been issued under subsection (4).
234 (3) POSSESSION.—
235 (a) Except as provided in subsection (5), a person who,
236 within this state, possesses any assault weapon or large
237 capacity magazine, except as provided in this section or as
238 otherwise authorized by law, commits a felony of the third
239 degree, punishable as provided in s. 775.082, s. 775.083, or s.
240 775.084, with a mandatory minimum term of imprisonment of 1
241 year.
242 (b) Paragraph (a) does not apply to the possession of
243 assault weapons or large-capacity magazines by members or
244 employees of the Department of Law Enforcement, a law
245 enforcement agency as defined in s. 934.02, the Department of
246 Corrections, or the military or naval forces of this state or of
247 the United States for use in the discharge of their official
248 duties; and this section does not prohibit the possession or use
249 of assault weapons or large-capacity magazines by sworn members
250 of such agencies when on duty and when the use is within the
251 scope of their duties.
252 (c) Paragraph (a) does not apply to the possession of an
253 assault weapon or a large-capacity magazine by a person before
254 July 1, 2025, if all of the following are applicable:
255 1. The person is eligible to apply for a certificate of
256 possession under subsection (4) for the assault weapon or large
257 capacity magazine by July 1, 2025;
258 2. The person lawfully possessed the assault weapon or
259 large-capacity magazine before October 1, 2024; and
260 3. The person is otherwise in compliance with this section
261 and the applicable requirements of this chapter for possession
262 of a firearm.
263 (d) Paragraph (a) does not apply to a person who is the
264 executor or administrator of an estate that includes an assault
265 weapon or a large-capacity magazine for which a certificate of
266 possession has been issued under subsection (4), if the assault
267 weapon is possessed at a place set forth in subparagraph
268 (4)(d)1. or as authorized by the probate court.
269 (4) CERTIFICATE OF POSSESSION.—
270 (a) A person who lawfully possesses an assault weapon or a
271 large-capacity magazine before October 1, 2024, must apply by
272 October 1, 2025, or, if such person is a member of the military
273 or naval forces of this state or of the United States and is
274 unable to apply by October 1, 2025, because he or she is or was
275 on official duty outside of this state, must apply within 90
276 days after returning to this state, to the Department of Law
277 Enforcement for a certificate of possession with respect to such
278 assault weapon or large-capacity magazine. The certificate must
279 contain a description of the assault weapon or large-capacity
280 magazine which identifies it uniquely, including all
281 identification marks; the full name, address, date of birth, and
282 thumbprint of the owner; and any other information as the
283 department may deem appropriate. The department shall adopt
284 rules no later than January 1, 2025, to establish procedures
285 with respect to the application for, and issuance of,
286 certificates of possession pursuant to this subsection. The
287 thumbprint of the applicant must be taken by a law enforcement
288 agency or the Department of Law Enforcement together with any
289 personal identifying information required by federal law to
290 process fingerprints. Charges for thumbprint services under this
291 paragraph are not subject to the sales tax on fingerprint
292 services imposed in s. 212.05(1)(i). The Department of Law
293 Enforcement shall conduct a background investigation pursuant to
294 this subsection.
295 (b) A certificate of possession issued under this
296 subsection must be in substantially the following form:
297
298 CERTIFICATE OF POSSESSION OF ASSAULT WEAPON
299 Certificate Number:
300 Owner’s Name: (Last, First, Middle)
301 Address: (Number, Street, City or Town, State, Zip Code) NO
302 P.O. Boxes
303 Date of Birth:
304 Social Security Number (Optional, but will help prevent
305 misidentification):
306 Driver License Number and State:
307 Manufacturer:
308 Importer:
309 Serial Number:
310 Model:
311 Caliber:
312 Unique I.D./Markings:
313 Signature of Owner
314 Applicant’s Right Thumbprint
315
316 (c) An assault weapon or a large-capacity magazine
317 possessed pursuant to this section may not be sold or
318 transferred on or after January 1, 2025, to a person within this
319 state other than to a licensed gun dealer, as provided in
320 subsection (5), or by a bequest or intestate succession. A
321 person who obtains title to an assault weap