F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1205 2021
1 A bill to be entitled
2 An act relating to protection of constitutional
3 firearms rights; providing a short title; creating s.
4 790.501, F.S.; providing definitions; declaring
5 specified actions to be infringements of
6 constitutionally protected rights concerning firearms;
7 declaring such actions to be void and of no effect;
8 providing duties of courts and law enforcement
9 agencies concerning such actions; prohibiting public
10 servants and others from certain acts; providing civil
11 liability for such acts; making certain individuals
12 ineligible for employment in law enforcement if they
13 have engaged in specified actions; providing for
14 declaratory actions; providing for awards of costs and
15 fees for such actions; providing an effective date.
16
17 WHEREAS, the Legislature is firmly resolved to support and
18 defend the United States Constitution against every aggression,
19 whether foreign or domestic, and is duty bound to oppose every
20 infraction of those principles that constitute the basis of the
21 union of the states because only a faithful observance of those
22 principles can secure the nation's existence and the public
23 happiness, and
24 WHEREAS, acting through the United States Constitution, the
25 people of the several states created the Federal Government to
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26 be their agent in the exercise of a few defined powers, while
27 reserving to the state governments the power to legislate on
28 matters that concern the lives, liberties and properties of
29 citizens in the ordinary course of affairs, and
30 WHEREAS, the limitation of the Federal Government's power
31 is affirmed under the Tenth Amendment to the United States
32 constitution, which defines the total scope of federal power as
33 being that which has been delegated by the people of the several
34 states to the Federal Government, and all power not delegated to
35 the Federal Government in the United States Constitution is
36 reserved to the states respectively, or to the people
37 themselves, and
38 WHEREAS, whenever the Federal Government assumes powers
39 that the people did not grant it in the United States
40 constitution, its acts are unauthoritative, void and of no
41 force, and
42 WHEREAS, the several states of the United States respect
43 the proper role of the Federal Government, but reject the
44 proposition that such respect requires unlimited submission. If
45 the government, created by a compact among the states, was the
46 exclusive or final judge of the extent of the powers granted to
47 it by the states through the United States Constitution, the
48 Federal Government's discretion, and not the United States
49 Constitution, would necessarily become the measure of those
50 powers, and
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51 WHEREAS, as in all other cases of compacts among powers
52 having no common judge, each party has an equal right to judge
53 for itself as to whether infractions of the compact have
54 occurred, as well as to determine the mode and measure of
55 redress and although the several states have granted supremacy
56 to laws and treaties made under the powers granted in the United
57 States Constitution, supremacy does not extend to various
58 federal statutes, executive orders, administrative orders, court
59 orders, rules, regulations or other actions that restrict or
60 prohibit the manufacture, ownership and use of firearms,
61 firearms accessories or ammunition exclusively in this state,
62 and
63 WHEREAS, these statutes, executive orders, administrative
64 orders, court orders, rules, regulations and other actions
65 exceed the powers granted to the Federal Government except to
66 the extent they are necessary and proper for governing and
67 regulating land and naval forces of the United States or for
68 organizing, arming and disciplining of militia forces actively
69 employed in the service of the United States armed forces, and
70 WHEREAS, the people of the several states have given
71 Congress the power "to regulate commerce with foreign nations,
72 and among the several states", but regulating commerce does not
73 include the power to limit citizens' right to keep and bear arms
74 in defense of their families, neighbors, persons, or property,
75 or to dictate as to what sort of arms and accessories law-
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76 abiding citizens may buy, sell, exchange, or otherwise possess
77 in this state, and
78 WHEREAS, the people of the several states have also granted
79 Congress the power "to lay and collect taxes, duties, imposts
80 and excises, to pay the debts and provide for the common defense
81 and general welfare of the United States" and "to make all laws
82 which shall be necessary and proper for carrying into execution
83 the foregoing powers, and all other powers vested by the United
84 States Constitution in the government of the United States, or
85 in any department or office thereof," and
86 WHEREAS, these constitutional provisions merely identify
87 the means by which the Federal Government may execute its
88 limited powers and shall not be so construed to grant unlimited
89 power because to do so would be to destroy the carefully
90 constructed equilibrium between the federal and state
91 governments. Consequently, the Legislature rejects any claim
92 that the taxing and spending powers of congress can be used to
93 diminish in any way the right of the people to keep and bear
94 arms, and
95 WHEREAS, the people of the state have vested the
96 Legislature with the authority to regulate the manufacture,
97 possession, exchange, and use of firearms in the state, subject
98 only to the limits imposed by the Second Amendment to the United
99 States Constitution ands. 8, Art. I of the State Constitution,
100 and
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101 WHEREAS, the Legislature strongly promotes responsible gun
102 ownership and the proper enforcement of all state gun laws. The
103 Legislature hereby condemns any unlawful transfer of firearms
104 and the use of any firearm in any criminal or unlawful activity,
105 NOW, THEREFORE,
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. This act may be cited as the "Second Amendment
110 Preservation Act".
111 Section 2. Section 790.501, Florida Statutes, is created
112 to read:
113 790.501 Protection of constitutional firearms rights.—
114 (1) DEFINITIONS.—As used in this section, the term:
115 (a) "Firearms accessories" means items that are used in
116 conjunction with or mounted upon a firearm but are not essential
117 to the basic function of a firearm, including, but not limited
118 to, telescopic or laser sights, magazines, folding or
119 aftermarket stocks and grips, speedloaders, ammunition carriers,
120 optics for target identification, and lights for target
121 illumination.
122 (b) "Law-abiding citizen" means a person who is not
123 otherwise precluded under state law from possessing a firearm.
124 The term does not include a person who is not lawfully present
125 in the United States or a person in the process committing or
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126 attempting to commit a crime.
127 (2) INFRINGEMENTS ON THE PEOPLE'S RIGHT TO KEEP AND BEAR
128 ARMS; DUTIES OF COURTS AND LAW ENFORCEMENT AGENCIES.—
129 (a) The following federal acts, laws, executive orders,
130 administrative orders, court orders, rules, and regulations
131 shall be considered infringements on the people's right to keep
132 and bear arms, as guaranteed by the Second Amendment to the
133 United States Constitution and s. 8, Art I of the State
134 Constitution, within the state including:
135 1. Any tax, levy, fee, or stamp imposed on firearms,
136 firearms accessories, or ammunition, not common to all other
137 goods and services, which might reasonably be expected to create
138 a chilling effect on the purchase or ownership of those items by
139 law-abiding citizens.
140 2. Any registering or tracking of firearms, firearms
141 accessories, or ammunition which might reasonably be expected to
142 create a chilling effect on the purchase or ownership of those
143 items by law-abiding citizens.
144 3. Any registering or tracking of the owners of firearms,
145 firearms accessories, or ammunition which might reasonably be
146 expected to create a chilling effect on the purchase or
147 ownership of those items by law-abiding citizens.
148 4. Any act forbidding the possession, ownership, or use or
149 transfer of a firearm, firearm accessory, or ammunition by law-
150 abiding citizens.
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151 5. Any act ordering the confiscation of firearms, firearms
152 accessories, or ammunition from law-abiding citizens.
153 (b) All federal acts, laws, executive orders,
154 administrative orders, court orders, rules, and regulations,
155 regardless if enacted before or after this section, which
156 infringe on the people's right to keep and bear arms as
157 guaranteed by the Second Amendment to the United States
158 Constitution and s. 8, Art I of the State Constitution shall be
159 invalid in the state, shall not be recognized by the state,
160 shall be specifically rejected by the state, and shall be
161 considered void and of no effect in the state.
162 (c) It shall be the duty of the courts and law enforcement
163 agencies of the state to protect the rights of law-abiding
164 citizens to keep and bear arms in the state and to protect these
165 rights from the infringements described under paragraph (a).
166 (3) PROHIBITIONS; LIABILITY FOR VIOLATION.—
167 (a) No person, including any public servant, as defined in
168 838.014, shall have the authority to enforce or attempt to
169 enforce any federal act, law, executive order, administrative
170 order, court order, rule, regulation, statute, or ordinance
171 infringing on the right to keep and bear arms ensured by the
172 Second Amendment to the United States Constitution and s. 8, Art
173 I of the State Constitution.
174 (b) A person who knowingly violates paragraph (a) or
175 otherwise knowingly deprives a law-abiding citizen of the rights
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176 or privileges ensured by the Second Amendment to the United
177 States Constitution and s. 8, Art I of the State Constitution,
178 while acting under the color of any state or federal law, shall
179 be liable to the injured party in an action at law, suit in
180 equity, or other proper proceeding for redress.
181 (c) In any action under paragraph (b), the court may award
182 the prevailing party, other than the state or any political
183 subdivision of the state, costs and expenses, including
184 reasonable attorney fees.
185 (4) OFFENSES; INELIGIBILITY FOR EMPLOYMENT; DECLARATORY
186 JUDGEMENT.—
187 (a) A person while acting as an official, agent, employee,
188 or deputy of the Federal Government, or while otherwise acting
189 under the color of federal law in the state shall be permanently
190 ineligible for employment as a law enforcement officer or to
191 supervise law enforcement officers for the state or any
192 political subdivision of the state, if the person knowingly:
193 1. Enforces or attempts to enforce any of the
194 infringements described in paragraph (3)(a); or
195 2. Gives material aid and support to the efforts of others
196 who enforce or attempt to enforce any of the infringements
197 described in paragraph (3)(a).
198 (b) Neither the state nor any political subdivision of the
199 state shall employ as a law enforcement officer or supervisor of
200 law enforcement officers a person who is ineligible for
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201 employment under paragraph (a).
202 (c) A person residing in or conducting business in the
203 state who reasonably believes that a law enforcement officer or
204 supervisor of law enforcement officers has taken action as a
205 federal official, agent, employee, or deputy or under the color
206 of federal law under paragraph (a) that would render that person
207 ineligible for employment shall have standing to pursue an
208 action for declaratory judgment in the circuit court of the
209 county in which the action allegedly occurred or in the circuit
210 of Leon County, with respect to the employment eligibility of
211 the law enforcement officer or the supervisor of law enforcement
212 officers under paragraph (a).
213 (d) If a court determines that a law enforcement officer
214 or supervisor of law enforcement officers has taken any action
215 as a federal official, agent, employee, or deputy or under the
216