HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HM 1301 Second Amendment to the Constitution of the United States
SPONSOR(S): Shoaf and others
TIED BILLS: IDEN./SIM. BILLS: SM 1630
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Public Integrity & Elections Committee 11 Y, 6 N Pardo Rubottom
2) Judiciary Committee 12 Y, 6 N Padgett Kramer
SUMMARY ANALYSIS
The Second Amendment to the United States Constitution guarantees the people the right to keep and bear
arms. Similarly, article I, s. 8(a) of the Florida Constitution guarantees the right of the people to keep and bear
arms in defense of themselves and of the lawful authority of the state.
HM 1301 expresses the will of the Legislature, on behalf of the State of Florida and its residents, to use all of
its lawful authority and power to resist or overturn any federal gun control measure that violates the rights of
Florida residents to keep and bear arms.
The memorial lays a predicate for this action by recounting the federal and state constitutional rights to bear
arms, and referencing the Tenth Amendment to the United States Constitution that limits the Federal
Government’s powers and recognizes each state’s sovereignty.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1301c.JDC
DATE: 4/6/2021
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Memorials
A memorial expresses the opinion of the Legislature to the Federal Government.1 A memorial may be
initiated by either the House or the Senate and must be adopted by both chambers to be effective.2 A
memorial is not subject to veto by the Governor and upon its passage is sent directly to the officials
specified in the memorial.3
United States Constitution
The Second Amendment of the United States Constitution provides “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.”4
Florida Constitution
The Florida Constitution guarantees “The right of the people to keep and bear arms in defense of
themselves and of the lawful authority of the state shall not be infringed, except that the manner of
bearing arms may be regulated by law.”5
Effect of Proposed Changes
The preamble in HM 1301 recognizes that both the United States Constitution and the Florida
Constitution protect an individual’s right to keep and bear arms. The memorial also declares that the
United States Supreme Court has held the Second Amendment protects an individual’s right to keep
and bear arms that are commonly used for lawful purposes.6
The memorial asserts that the President of the United States has expressed a clear intention to press
Congress to pass legislation that will restrict the lawful acquisition and possession of firearms, and ban
many firearms that are commonly used for self-defense, hunting, competition, and target shooting. The
memorial states that the United States Supreme Court has recognized that the Tenth Amendment7 to
the United States Constitution provides for principles of divided sovereignty, which prohibits the Federal
Government from requiring the State of Florida or its officers to take part in any federal gun-control
scheme.
The concluding provision of the preamble provides that it is the duty of the State of Florida to exercise
all of its lawful authority to protect the right of all state residents to keep and bear arms.
The memorial declares that it is the consensus of the Florida Legislature that the President’s proposals
to restrict the right of law abiding citizens to keep and bear arms violates the United States Constitution.
Accordingly, the memorial states that the Legislature intends to use all of its lawful authority and power
to resist or overturn any federal gun-control measure that violates the right of Florida residents to keep
and bear arms.
1 R. 5.10, Fla. House of Representatives.
2 The Florida House of Representatives, Office of Bill Drafting Services, Manual for Drafting Legislation (2014) at 23.
3 Id.
4 U.S. Const. amend. II.
5Art. I, s. 8(a), Fla. Const.
6 See District of Columbia v. Heller, 554 U.S. 570 (2008).
7 The Tenth Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people.”
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DATE: 4/6/2021
 The memorial directs the Secretary of State to dispatch copies of the memorial to the President of the
United States, the President of the U.S. Senate, the Speaker of the United States House of
Representatives, and to each member of the Florida delegation to the United States Congress.
B. SECTION DIRECTORY:
Not applicable.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
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DATE: 4/6/2021
 IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 4/6/2021