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 527 2022
1 A bill to be entitled
2 An act relating to unfinished firearms; creating s.
3 790.223, F.S.; providing definitions; prohibiting
4 specified acts involving unfinished firearm frames or
5 receivers; providing exceptions; providing criminal
6 penalties; providing applicability; defining the term
7 "licensed dealer"; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 790.223, Florida Statutes, is created
12 to read:
13 790.223 Unfinished firearms.—
14 (1) As used in this section, the term:
15 (a) "Assemble" means to fit together component parts.
16 (b) "Firearms importer or manufacturer" means a person
17 licensed to import or manufacture firearms pursuant to 18 U.S.C.
18 chapter 44.
19 (c) "Law enforcement agency" has the same meaning as in s.
20 23.1225(1)(d).
21 (d) "Manufacture" means to fabricate, make, form, produce,
22 or construct by manual labor or machinery.
23 (e) "Unfinished frame or receiver" means any forging,
24 casting, printing, extrusion, machined body, or similar article
25 that:
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26 1. Has reached a stage in manufacture where it may readily
27 be completed or converted to be a functional frame or receiver;
28 or
29 2. Is marketed or sold to the public to become or be used
30 as the frame or receiver of a functional firearm once finished
31 or completed.
32 (2)(a) After January 1, 2023, a person may not possess,
33 purchase, transport, or receive an unfinished frame or receiver
34 unless:
35 1. The person is a firearms importer or manufacturer; or
36 2. The unfinished frame or receiver is imprinted with a
37 serial number issued by a firearms importer or manufacturer and
38 the unfinished frame or receiver has been imprinted with the
39 serial number pursuant to federal law.
40 (b) A person who violates this subsection commits:
41 1. For the first offense:
42 a. If the offense is a possession violation, a misdemeanor
43 of the second degree, punishable as provided in s. 775.082 or s.
44 775.083; or
45 b. Any other violation, a misdemeanor of the first degree,
46 punishable as provided in s. 775.082 or s. 775.083; or
47 2. For a second or subsequent offense, a felony of the
48 third degree, punishable as provided in s. 775.082, s. 775.083,
49 or s. 775.084.
50 (3)(a) A person may not sell, offer to sell, or transfer
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51 an unfinished frame or receiver unless:
52 1. The person is a firearms importer or manufacturer and
53 the recipient of the unfinished frame or receiver is a firearms
54 importer or manufacturer; or
55 2. The unfinished frame or receiver is r imprinted with a
56 serial number issued by an importer or manufacturer and the
57 unfinished frame or receiver has been imprinted with the serial
58 number pursuant to federal law.
59 (b) A person who violates this subsection commits:
60 1. For the first offense, a misdemeanor of the first
61 degree, punishable as provided in s. 775.082 or s. 775.083; or
62 2. For a second or subsequent offense, a felony of the
63 third degree, punishable as provided in s. 775.082, s. 775.083,
64 or s. 775.084.
65 (4)(a) A person may not manufacture or cause to be
66 manufactured or assemble or cause to be assembled a firearm that
67 is not imprinted with a serial number issued by a firearms
68 importer or manufacturer in accordance with federal law and any
69 regulations adopted thereunder unless the firearm:
70 1. Has been rendered permanently inoperable;
71 2. Is an antique firearm; or
72 3. Has been determined to be a collector's item pursuant
73 to 26 U.S.C. chapter 53 or a curio or relic pursuant to 18
74 U.S.C. chapter 44.
75 (b) A person who violates this subsection commits:
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76 1. For the first offense, a misdemeanor of the first
77 degree, punishable as provided in s. 775.082 or s. 775.083; or
78 2. For a second or subsequent offense, a felony of the
79 third degree, punishable as provided in s. 775.082, s. 775.083,
80 or s. 775.084.
81 (5)(a) After January 1, 2023, a person may not possess,
82 sell, offer to sell, transfer, purchase, transport or receive a
83 firearm that is not imprinted with a serial number issued by a
84 firearms importer or manufacturer in accordance with federal law
85 and any regulations adopted thereunder unless:
86 1. The person is:
87 a. A law enforcement agency; or
88 b. A firearms importer or manufacturer, and in the case of
89 an offer to sell, sale, or transfer, the purchaser or transferee
90 is a firearms importer or manufacturer; or
91 2. The firearm:
92 a. Has been rendered permanently inoperable;
93 b. Was manufactured before 1969;
94 c. Is an antique firearm; or
95 d. Has been determined to be a collector's item pursuant
96 to 26 U.S.C. chapter 53 or a curio or relic pursuan t to 18
97 U.S.C. chapter 44.
98 (b) A person who violates this subsection commits:
99 1. For the first offense:
100 a. If the offense is a possession violation, a misdemeanor
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101 of the second degree, punishable as provided in s. 775.082 or s.
102 775.083; or
103 b. Any other violation, a misdemeanor of the first degree,
104 punishable as provided in s. 775.082 or s. 775.083; or
105 2. For a second or subsequent offense, a felony of the
106 third degree, punishable as provided in s. 775.082, s. 775.083,
107 or s. 775.084.
108 Section 2. This act does not prohibit the sale of an
109 unfinished frame or receiver or firearm that is not imprinted
110 with a serial number to a firearms importer or manufacturer or a
111 licensed dealer before January 1, 2023. As used in this section,
112 the term "licensed dealer" means a person who holds a license as
113 a dealer in firearms issued pursuant to 18 U.S.C. s. 923(a).
114 Section 3. This act shall take effect October 1, 2022.
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