Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì395186IÎ395186                         
       
                              LEGISLATIVE ACTION                        
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       Senator Farmer moved the following:
       
    1         Senate Amendment to Amendment (234288) (with title
    2  amendment)
    3  
    4         Delete lines 364 - 368
    5  and insert:
    6         Section 10. Section 790.0641, Florida Statutes, is created
    7  to read:
    8         790.0641Assault weapons purchase, sale, and transfer
    9  restrictions; penalties.—
   10         (1)As used in this section, the term “assault weapon”
   11  means:
   12         (a) A selective-fire firearm capable of fully automatic,
   13  semiautomatic, or burst fire at the option of the user or any of
   14  the following specified semiautomatic firearms:
   15         1.Algimec AGM1.
   16         2.All AK series, including, but not limited to, the
   17  following: AK, AK-47, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90,
   18  NHM91, Rock River Arms LAR-47, SA 85, SA 93, Vector Arms AK-47,
   19  VEPR, WASR-10, and WUM.
   20         3.All AR series, including, but not limited to, the
   21  following: AR-10, AR-15, Armalite AR-180, Armalite M-15, AR-70,
   22  Bushmaster XM15, Colt AR-15, DoubleStar AR rifles, DPMS tactical
   23  rifles, Olympic Arms, Rock River Arms LAR-15, and Smith & Wesson
   24  M&P15 rifles.
   25         4.Barrett 82A1 and REC7.
   26         5.Beretta AR-70 and Beretta Storm.
   27         6.Bushmaster automatic rifle.
   28         7.Calico Liberty series rifles.
   29         8.Chartered Industries of Singapore SR-88.
   30         9.Colt Sporter.
   31         10.Daewoo K-1, K-2, Max-1, and Max-2.
   32         11.FAMAS MAS .223.
   33         12.Federal XC-900 and SC-450.
   34         13.FN FAL (or FN LAR) and FN FNC.
   35         14.FN FS2000, FN PS90, and FN SCAR.
   36         15.Galil and UZI Sporter, Galil sniper rifle (Galatz),
   37  Galil Sporter, UZI, or Vector Arms UZI.
   38         16.Goncz High-Tech carbine.
   39         17.Hi-Point carbine.
   40         18.HK-91, HK-93, HK-94, HK-PSG-1, and SP-89.
   41         19.Kel-Tec RFB, Sub-2000, and SU series.
   42         20.M1 carbine.
   43         21. M2HB and TNW M230.
   44         22. Ruger Mini-14 with folding stock.
   45         23.SAR-8, SAR-4800, and SR9.
   46         24.SIG 57 AMT and 500 Series.
   47         25.Sig Sauer MCX rifle.
   48         26.SKS capable of accepting a detachable magazine.
   49         27.SLG 95.
   50         28.SLR 95 and 96.
   51         29.Spectre automatic carbine.
   52         30.Springfield Armory BM59, G-3, and SAR-48.
   53         31.Sterling MK-6 and MK-7.
   54         32.Steyr AUG.
   55         33.Thompson series, including Thompson T5.
   56         34.Weaver Arms Nighthawk.
   57         (b)All of the following handguns, copies, duplicates, or
   58  altered facsimiles with the capability of any such weapon
   59  thereof:
   60         1.AK-47 pistol and Mini AK-47 pistol.
   61         2.AR-15 pistol.
   62         3.Australian Automatic Arms SAP pistol.
   63         4.Bushmaster automatic pistol.
   64         5.Calico Liberty series pistols.
   65         6.Chiappa Firearms Mfour-22.
   66         7.Colefire Magnum.
   67         8.DSA SA58 PKP FAL.
   68         9.Encom MK-IV, MP-9, and MP-45.
   69         10.Feather AT-9 and Mini-AT.
   70         11.German Sport 522 PK.
   71         12.Goncz High-Tech Long pistol.
   72         13.Holmes MP-83.
   73         14.Intratec AB-10, TEC-9, TEC-22 Scorpion, and TEC-DC9.
   74         15.I.O. Inc. PPS-43C.
   75         16.Iver Johnson Enforcer.
   76         17.Kel-Tec PLR-16 pistol.
   77         18.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
   78  Velocity Arms VMA series.
   79         19.Scarab Skorpion.
   80         20.Sig Sauer P556 pistol.
   81         21.Spectre automatic pistol.
   82         22.Thompson TA5 series pistols.
   83         23.UZI pistol and Micro-UZI pistol.
   84         34.Wilkinson “Linda” pistol.
   85         (c)All of the following shotguns, copies, duplicates, or
   86  altered facsimiles with the capability of any such weapon
   87  thereof:
   88         1.Armscor 30 BG.
   89         2.Franchi LAW-12 and SPAS-12.
   90         3.Kel-Tec KSG.
   91         4.Remington TAC-2 and TACB3 FS.
   92         5.Saiga.
   93         6.Streetsweeper.
   94         7.Striker 12.
   95         8.USAS-12.
   96         (d)A part or combination of parts that converts a firearm
   97  into an assault weapon, or any combination of parts from which
   98  an assault weapon may be assembled if those parts are in the
   99  possession or under the control of the same person.
  100         (e)A semiautomatic firearm not listed in this subsection
  101  which meets the criteria of one of the following sub
  102  subparagraphs:
  103         1.A semiautomatic rifle that has an ability to accept a
  104  detachable magazine and that has one or more of the following:
  105         a.A folding or telescoping stock.
  106         b.A pistol grip that protrudes conspicuously beneath the
  107  action of the weapon or any feature functioning as a protruding
  108  grip that can be held by the nontrigger hand or a thumbhole
  109  stock.
  110         c.A bayonet mount.
  111         d.A flash suppressor or threaded barrel designed to
  112  accommodate a flash suppressor.
  113         e.A grenade launcher.
  114         f.A shroud that is attached to the barrel, or that
  115  partially or completely encircles the barrel and allows the
  116  bearer to hold the firearm with the nontrigger hand without
  117  being burned, but excluding a slide that encloses the barrel.
  118         2.A semiautomatic pistol that has an ability to accept a
  119  detachable magazine and that has one or more of the following:
  120         a.The capacity to accept an ammunition magazine that
  121  attaches to the pistol at any location outside the pistol grip.
  122         b.A threaded barrel capable of accepting a barrel
  123  extender, flash suppressor, forward handgrip, or silencer.
  124         c.A slide that encloses the barrel and that allows the
  125  shooter to hold the firearm with the nontrigger hand without
  126  being burned.
  127         d.A manufactured weight of 50 ounces or more when the
  128  pistol is unloaded.
  129         e.A semiautomatic version of an automatic firearm.
  130         f.Any feature capable of functioning as a protruding grip
  131  that can be held by the nontrigger hand.
  132         g.A folding, telescoping, or thumbhole stock.
  133         3.A semiautomatic shotgun that has one or more of the
  134  following:
  135         a.A folding or telescoping stock.
  136         b.A pistol grip that protrudes conspicuously beneath the
  137  action of the weapon.
  138         c.A thumbhole stock.
  139         d.A fixed-magazine capacity in excess of 5 rounds.
  140         e.An ability to accept a detachable magazine.
  141         4.A semiautomatic pistol or a semiautomatic, centerfire,
  142  or rimfire rifle with a fixed magazine that has the capacity to
  143  accept more than 10 rounds of ammunition.
  144         5.A part or combination of parts designed or intended to
  145  convert a firearm into an assault weapon, or any combination of
  146  parts from which an assault weapon may be assembled if those
  147  parts are in the possession or under the control of the same
  148  person.
  149         (2) Notwithstanding any other law, a person may not
  150  purchase or be sold or transferred an assault weapon without
  151  possessing a valid Type 03 Federal Firearms License.
  152         (3) In addition to the requirements and procedures set out
  153  in s. 790.065(1)(d), a licensed importer, licensed manufacturer,
  154  or licensed dealer and a private seller facilitating a sale
  155  through a licensed dealer must verify that a potential purchaser
  156  or transferee of an assault weapon possesses a valid Type 03
  157  Federal Firearms License.
  158         (4) A person who violates this subsection commits a
  159  misdemeanor of the first degree, punishable as provided in s.
  160  775.082 or s. 775.083.
  161         Section 11. Paragraph (e) of subsection (3) of section
  162  790.335, Florida Statutes, is amended to read:
  163         790.335 Prohibition of registration of firearms; electronic
  164  records.—
  165         (3) EXCEPTIONS.—The provisions of this section shall not
  166  apply to:
  167         (e)1. Records kept pursuant to the recordkeeping provisions
  168  of s. 790.065; however, nothing in this section shall be
  169  construed to authorize the public release or inspection of
  170  records that are made confidential and exempt from the
  171  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  172         2. Nothing in this paragraph shall be construed to allow
  173  the maintaining of records containing the names of purchasers or
  174  transferees who receive unique approval numbers or the
  175  maintaining of records of firearm transactions.
  176         Section 12. Present subsection (13) of section 790.065,
  177  Florida Statutes, is redesignated as subsection (12),
  178  subsections (1), (3), and (10) of that section are amended, and
  179  a new subsection (11) is added to that section, to read:
  180         790.065 Sale and delivery of firearms.—
  181         (1)(a) A licensed importer, licensed manufacturer, or
  182  licensed dealer may not sell or deliver from her or his
  183  inventory at her or his licensed premises any firearm to another
  184  person, other than a licensed importer, licensed manufacturer,
  185  licensed dealer, or licensed collector, until she or he has:
  186         1. Obtained a completed form from the potential buyer or
  187  transferee, which form shall have been adopted promulgated by
  188  the Department of Law Enforcement and provided by the licensed
  189  importer, licensed manufacturer, or licensed dealer, which shall
  190  include the name, date of birth, gender, race, and social
  191  security number or other identification number of such potential
  192  buyer or transferee and has inspected proper identification
  193  including an identification containing a photograph of the
  194  potential buyer or transferee.
  195         2. Collected a fee from the potential buyer for processing
  196  the criminal history check of the potential buyer. The fee shall
  197  be established by the Department of Law Enforcement and may not
  198  exceed $8 per transaction. The Department of Law Enforcement may
  199  reduce, or suspend collection of, the fee to reflect payment
  200  received from the Federal Government applied to the cost of
  201  maintaining the criminal history check system established by
  202  this section as a means of facilitating or supplementing the
  203  National Instant Criminal Background Check System. The
  204  Department of Law Enforcement shall, by rule, establish
  205  procedures for the fees to be transmitted by the licensee to the
  206  Department of Law Enforcement. All such fees shall be deposited
  207  into the Department of Law Enforcement Operating Trust Fund, but
  208  shall be segregated from all other funds deposited into such
  209  trust fund and must be accounted for separately. Such segregated
  210  funds must not be used for any purpose other than the operation
  211  of the criminal history checks required by this section. The
  212  Department of Law Enforcement, each year before prior to
  213  February 1, shall make a full accounting of all receipts and
  214  expenditures of such funds to the President of the Senate, the
  215  Speaker of the House of Representatives, the majority and
  216  minority leaders of each house of the Legislature, and the
  217  chairs of the appropriations committees of each house of the
  218  Legislature. In the event that the cumulative amount of funds
  219  collected exceeds the cumulative amount of expenditures by more
  220  than $2.5 million, excess funds may be used for the purpose of
  221  purchasing soft body armor for law enforcement officers.
  222         3. Requested, by means of a toll-free telephone call, the
  223  Department of Law Enforcement to conduct a check of the
  224  information as reported and reflected in the Florida Crime
  225  Information Center and National Crime Information Center systems
  226  as of the date of the request.
  227         4. Received a unique approval number for that inquiry from
  228  the Department of Law Enforcement, and recorded the date and
  229  such number on the consent form.
  230         (b) However, if the person purchasing, or receiving
  231  delivery of, the firearm is a holder of a valid concealed
  232  weapons or firearms license pursuant to the provisions of s.
  233  790.06 or holds an active certification from the Criminal
  234  Justice Standards and Training Commission as a “law enforcement
  235  officer,” a “correctional officer,” or a “correctional probation
  236  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  237  (9), this subsection does not apply.
  238         (c) This subsection does not apply to the purchase, trade,
  239  or transfer of a rifle or shotgun by a resident of this state
  240  when the resident makes such purchase, trade, or transfer from a
  241  licensed importer, licensed manufacturer, or licensed dealer in
  242  another state.
  243         (d)1.If neither party to a prospective firearms sale,
  244  lease, or transfer is a licensed dealer, the parties to the
  245  transaction must complete the sale, lease, or transfer through a
  246  licensed dealer as follows:
  247         a. The seller, lessor, or transferor must deliver the
  248  firearm to a licensed dealer, who shall process the sale, lease,
  249  or transfer as if she or he were the seller, lessor, or
  250  transferor, except that the seller, lessor, or transferor who is
  251  not a licensed dealer may remove the firearm from the business
  252  premises of the licensed dealer while the background check is
  253  being conducted and while the waiting period requirement set
  254  forth in s. 790.0655 is being met. Other than allowing the
  255  unlicensed seller or transferor to remove the firearm from the
  256  licensed dealer’s business premises, the licensed dealer shall
  257  comply with all requirements of federal and state law which
  258  would apply if she or he were the seller, lessor, or transferor
  259  of the firearm;
  260         b. The licensed dealer shall conduct a background check on
  261  the buyer or other transferee as provided in this section and,
  262  unless the transaction is prohibited, and after all other legal
  263  requirements are met, including those set forth in s. 790.0655,
  264  the licensed dealer shall either:
  265         (I) Deliver the firearm to the seller, lessor, or
  266  transferor, who shall complete the transaction and deliver the
  267  firearm to the buyer; or
  268         (II) If the seller, lessor, or transferor has removed the
  269  firearm from the licensed dealer’s business premises, contact
  270  the seller, lessor, or transferor to let her or him know that he
  271  or she may complete the transaction and deliver the firearm to
  272  the buyer.
  273         c. If the licensed dealer cannot legally complete the
  274  transaction, the dealer must:
  275         (I) Return the firearm to the seller, lessor, or
  276  transferor; or
  277         (II) If the seller, lessor, or transferor has removed the
  278  firearm from the licensed dealer’s business premises, contact
  279  the seller, lessor, or transferor to let her or him know that
  280  the transaction is prohibited, and that the seller, lessor, or
  281  transferor may not deliver the firearm to the buyer; and
  282         d. The licensed dealer may require the buyer or other
  283  transferee to pay a fee covering the administrative costs
  284  incurred by the licensed dealer for facilitating the transfer of
  285  the firearm, plus applicable fees pursuant to federal and state
  286  law.
  287         2. This paragraph does not apply to:
  288         a. The activities of the United States Marshals Service,
  289  members of the United States Armed Forces or the National Guard,
  290  or federal officials required to carry firearms while engaged in
  291  performing their official duties; or
  292         b. The following activities, unless the lawful owner knows
  293  or has reasonable cause to believe that federal, state, or local
  294  law prohibits the transferee from purchasing or possessing
  295  firearms, or that the transferee is likely to use the firearm
  296  for unlawful purposes:
  297         (I) The delivery of a firearm to a gunsmith for service or
  298  repair, or the return of the firearm to its owner by the
  299  gunsmith;
  300         (II) The transfer of a firearm to a carrier, warehouseman,
  301  or other person engaged in the business of transportation or
  302  storage, to the extent that the receipt, possession, or having
  303  on or about the person any firearm is in the ordinary course of
  304  business and in conformity with federal, state, and local laws,
  305  and not for the personal use of any such person;
  306         (III) The loan of a firearm solely for the purpose of
  307  shooting at targets, if the loan occurs on the premises of a
  308  properly licensed target facility and if the firearm is at all
  309  times kept within the premises of the target facility;
  310         (IV) The loan of a firearm to a person who is under 18
  311  years of age for lawful hunting, sporting, or educational
  312  purposes while under the direct supervision and control of a
  313  responsible adult;
  314         (V) The loan of a firearm to a person who is 18 years of
  315  age or older if the firearm remains in the person’s possession
  316  only while the person is accompanying the lawful owner and using
  317  the firearm for lawful hunting, sporting, or recreational
  318  purposes; or
  319         (VI) The loan of a firearm to an adult family member of the
  320  lawful owner of the firearm if the lawful owner resides with the
  321  family member but is not present in the residence, provided that
  322  the family member does not maintain control over the firearm for
  323  more than 10 consecutive days.
  324         (3) In the event of scheduled computer downtime, electronic
  325  failure, or similar emergency beyond the control of the
  326  Department of Law Enforcement, the department shall immediately
  327  notify the licensee of the reason for, and estimated length of,
  328  such delay. After such notification, the department shall
  329  forthwith, and in no event later than the end of the next
  330  business day of the licensee, either inform the requesting
  331  licensee if its records demonstrate that the buyer or transferee
  332  is prohibited from receipt or possession of a firearm pursuant
  333  to Florida and Federal law or provide the licensee with a unique
  334  approval number. Unless notified by the end of said next
  335  business day that the buyer or transferee is so prohibited, and
  336  without regard to whether she or he has received a unique
  337  approval number, the licensee may complete the sale or transfer
  338  and shall not be deemed in violation of this section with
  339  respect to such sale or transfer.
  340         (10) A licensed importer, licensed manufacturer, or
  341  licensed dealer is not required to comply with the requirements
  342  of this section in the event of:
  343         (a) Unavailability of telephone service at the licensed
  344  premises due to the failure of the entity which provides
  345  telephone service in the state, region, or other geographical
  346  area in which the licensee is located to provide telephone
  347  service to the premises of the licensee due to the location of
  348  said premises; or the interruption of telephone service by
  349  reason of hurricane, tornado, flood, natural disaster, or other
  350  act of God, war, invasion, insurrection, riot, or other bona
  351  fide emergency, or other reason beyond the control of the
  352  licensee; or
  353         (b) Failure of the Department of Law Enforcement to comply
  354  with the requirements of subsections (2) and (3).
  355         (11) A person younger than 21 years of age may not purchase
  356  
  357  ================= T I T L E  A M E N D M E N T ================
  358  And the title is amended as follows:
  359         Delete lines 2433 - 2434
  360  and insert:
  361         petition for simultaneous relief; creating s.
  362         790.0641, F.S.; defining the term “assault weapon”;
  363         prohibiting a person from purchasing or being sold or
  364         transferred an assault weapon without possessing a
  365         valid Type 03 Federal Firearms License; requiring a
  366         licensed importer, licensed manufacturer, or licensed
  367         dealer and a private seller facilitating a sale
  368         through a licensed dealer of an assault weapon to
  369         verify that the purchaser or transferee possesses such
  370         a firearms license; providing criminal penalties;
  371         amending s. 790.335, F.S.; conforming a cross
  372         reference; amending s. 790.065, F.S.; requiring that,
  373         if neither party to a prospective firearms sale,
  374         lease, or transfer is a licensed dealer, the parties
  375         complete the sale, lease, or transfer through a
  376         licensed dealer; specifying procedures and
  377         requirements for a licensed dealer, a seller, lessor,
  378         or transferor, and a buyer, lessee, or transferee,
  379         including a required background check; authorizing a
  380         licensed dealer to charge a buyer or transferee
  381         specified fees; providing applicability; deleting
  382         provisions authorizing a licensee to complete the sale
  383         or transfer of a firearm to a person without receiving
  384         notification from the Department of Law Enforcement
  385         informing the licensee as to whether such person is
  386         prohibited from receipt or possession of a firearm or
  387         providing a unique approval number under certain
  388         circumstances; deleting provisions exempting a
  389         licensed importer, licensed manufacturer, or licensed
  390         dealer from the sale and delivery requirements, under
  391         certain circumstances; prohibiting a person younger
  392         than a certain age