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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
A bill to be entitled 1
An act relating to assault weapons and large -capacity 2
magazines; creating s. 790.301, F.S.; providing 3
definitions; prohibiting the sale or transfer of an 4
assault weapon or a large -capacity magazine; providing 5
criminal penalties; providing exceptions; prohi biting 6
possession of an assault weapon or a large -capacity 7
magazine; providing criminal penalties; providing 8
exceptions; requiring certificates of possession for 9
assault weapons or large -capacity magazines lawfully 10
possessed before a specified date; provid ing 11
requirements for the certificates; requiring the 12
Department of Law Enforcement to conduct a background 13
investigation; requiring the department to adopt 14
rules; specifying the form of the certificates; 15
limiting sales or transfers of assault weapons or 16
large-capacity magazines documented by the 17
certificates; providing exceptions; providing 18
conditions for continued possession of such weapons or 19
large-capacity magazines; providing requirements for 20
an applicant who fails to qualify for a certificate of 21
possession; requiring certificates of transfer for 22
transfers of certain assault weapons or large -capacity 23
magazines; providing requirements for certificates of 24
transfer; requiring the department to maintain a file 25
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of such certificates; providing for relinquishme nt of 26
assault weapons or large -capacity magazines; providing 27
requirements for transportation of assault weapons or 28
large-capacity magazines under certain circumstances; 29
providing criminal penalties; specifying circumstances 30
in which the manufacture or tran sportation 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 ass ault 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 42
to read: 43
790.301 Assault weapo ns.— 44
(1) DEFINITIONS.—As used in this section, the term: 45
(a)1. "Assault weapon" means a selective -fire firearm 46
capable of fully automatic, semiautomatic, or burst fire at the 47
option of the user or any of the following specified 48
semiautomatic firearms: 49
a. All AK series, including, but not limited to, the 50
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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, and 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, and HK-PSG-1. 73
r. Kel-Tec Sub-2000, SU series, and RFB. 74
s. M1 Carbine. 75
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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 89
Sniper Rifle (Galatz), and Vector Arms UZI. 90
hh. Weaver Arms Nig hthawk. 91
2. All of the following handguns, copies, duplicates, or 92
altered facsimiles with the capability of any such weapon: 93
a. AK-47 pistol and Mini AK -47 pistol. 94
b. AR-15 pistol. 95
c. Australian Automatic Arms SAP pistol. 96
d. Bushmaster Auto Pistol. 97
e. Calico Liberty series pistols. 98
f. Encom MK-IV, MP-9, and MP-45. 99
g. Feather AT-9 and Mini-AT. 100
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h. Goncz High-Tech Long pistol. 101
i. Holmes MP-83. 102
j. Iver Johnson Enforcer. 103
k. MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and 104
Velocity Arms VMA series. 105
l. Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10. 106
m. UZI pistol and Micro -UZI pistol. 107
n. Colefire Magnum. 108
o. Scarab Skorpion. 109
p. Spectre Auto pistol. 110
q. German Sport 522 PK. 111
r. Chiappa Firearms Mfour -22. 112
s. DSA SA58 PKP FAL. 113
t. I.O. Inc. PPS-43C. 114
u. Kel-Tec PLR-16 pistol. 115
v. SIG Sauer P556 pistol. 116
w. Thompson TA5 series pistols. 117
x. Wilkinson "Linda" pistol. 118
3. All of the following shotguns, copies, duplicates, or 119
altered facsimiles with the capability o f any such weapon: 120
a. Armscor 30 BG. 121
b. Franchi SPAS-12 and Law-12. 122
c. Remington TAC-2 or TACB3 FS. 123
d. SPAS 12 and LAW 12. 124
e. Striker 12. 125
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f. Streetsweeper. 126
g. Saiga. 127
h. USAS-12. 128
i. Kel-Tec KSG. 129
4. A part or combination of parts that converts a firearm 130
into an assault weapon or a combination of parts from which an 131
assault weapon may be assembled if those parts are in the 132
possession or under the control of the same person. 133
5. A semiautomatic firearm not listed in subparagraphs 1. -134
4. which meets any of the following criteria: 135
a. A semiautomatic rifle that has the ability to accept a 136
detachable magazine and has one or more of the following: 137
(I) A folding or telescoping stock; 138
(II) A pistol grip, thumbhole stock, Thordsen -type grip or 139
stock, or any other characteristic that can function as a grip; 140
(III) A bayonet mount; 141
(IV) A flash suppressor or threaded barrel designed to 142
accommodate a flash suppressor; 143
(V) A grenade launcher; or 144
(VI) A shroud attached to the barrel, or tha t partially or 145
completely encircles the barrel, allowing the bearer to hold the 146
firearm with the nontrigger hand without being burned but that 147
excludes a slide that encloses the barrel. 148
b. A semiautomatic pistol that has the ability to accept a 149
detachable magazine and has one or more of the following: 150
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(I) The capacity to accept a large -capacity magazine that 151
attaches to the pistol at a location outside of the pistol grip; 152
(II) A threaded barrel capable of accepting a barrel 153
extender, flash suppressor, forward handgrip, or silencer; 154
(III) A slide that encloses the barrel and that permits 155
the shooter to hold the firearm with the nontrigger hand without 156
being burned; 157
(IV) A manufactured weight of 50 ounces or more when the 158
pistol is unloaded; 159
(V) A semiautomatic version of an automatic firearm; 160
(VI) A feature capable of functioning as a protruding grip 161
that can be held by the nontrigger hand; or 162
(VII) A folding, telescoping, or thumbhole stock. 163
c. A semiautomatic shotgun that has one or more of the 164
following: 165
(I) A folding or telescoping stock; 166
(II) A pistol grip, thumbhole stock, Thordsen -type grip or 167
stock, or any other characteristic that can function as a grip; 168
(III) A fixed magazine capacity in excess of 5 rounds; or 169
(IV) An ability to accept a detachable magazine. 170
d. A semiautomatic pistol or semiautomatic, centerfire, or 171
rimfire rifle with a fixed magazine that has the capacity to 172
accept more than 10 rounds of ammunition. 173
e. A part or combination of parts designed or intended t o 174
convert a firearm into an assault weapon or a combination of 175
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parts from which an assault weapon may be assembled if those 176
parts are in the possession or under the control of the same 177
person. 178
(b) "Detachable magazine" means an ammunition feeding 179
device that can be removed from a firearm without disassembly of 180
the firearm action. 181
(c) "Fixed magazine" means an ammunition feeding device 182
contained in, or permanently attached to, a firearm in such a 183
manner that the device cannot be removed without disassemb ly of 184
the firearm action. 185
(d) "Large-capacity magazine" means an ammunition feeding 186
device with the capacity to accept more than 10 rounds or a 187
conversion kit, part, or combination of parts from which such a 188
device can be assembled if those parts are in the possession or 189
under the control of the same person but does not include any of 190
the following: 191
1. A feeding device that has been permanently altered so 192
that it cannot accommodate more than 10 rounds; 193
2. A .22 caliber tube ammunition feeding device; or 194
3. A tubular magazine that is contained in a lever -action 195
firearm. 196
(e) "Licensed dealer" means a person who has a federal 197
firearms license. 198
(2) SALE OR TRANSFER. — 199
(a) A person who, within the state, distributes, 200
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transports, or imports into the s tate; sells, keeps for sale, or 201
offers or exposes for sale; or transfers an assault weapon or a 202
large-capacity magazine, in violation of this section, to 203
another person, except as provided in paragraph (c), commits a 204
felony of the third degree, punishable as provided in s. 205
775.082, s. 775.083, or s. 775.084, with a mandatory minimum 206
term of imprisonment of 2 years. 207
(b) A person who transfers or sells an assault weapon or a 208
large-capacity magazine to a person under 18 years of age in 209
violation of this sect ion commits a felony of the second degree, 210
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 211
with a mandatory minimum term of imprisonment of 6 years. 212
(c) Paragraph (a) does not apply to: 213
1. The sale of assault weapons or large -capacity magazines 214
to the Department of Law Enforcement, a law enforcement agency 215
as defined in s. 934.02(10), the Department of Corrections, or 216
the military or naval forces of the state or of the United 217
States for use in the discharge of their official duties. 218
2. A person who is the executor of an estate that includes 219
an assault weapon or a large -capacity magazine for which a 220
certificate of possession has been issued under subsection (4) 221
and which is disposed of as authorized by the probate court, if 222
the disposition is otherwise permitted under this section. 223
3. The transfer by bequest or intestate succession of an 224
assault weapon or a large -capacity magazine for which a 225
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certificate of possession has been issued under subsection (4). 226
(3) POSSESSION.— 227
(a) Except as provided in this section or as otherwise 228
authorized by law, a person who, within the state, possesses an 229
assault weapon or a large -capacity magazine, commits a felony of 230
the third degree, punishable as provided in s. 775.082, s. 231
775.083, or s. 775.084 , with a mandatory minimum term of 232
imprisonment of 1 year. 233
(b) Paragraph (a) does not apply to the possession of 234
assault weapons or large -capacity magazines by members or 235
employees of the Department of Law Enforcement, a law 236
enforcement agency as defined in s. 934.02(10), the Department 237
of Corrections, or the military or naval forces of the state or 238
of the United States for use in the discharge of their official 239
duties; nor does this section prohibit the possession or use of 240
assault weapons or large -capacity magazines by sworn members of 241
these agencies when on duty and the use is within the scope of 242
their duties. 243
(c) Paragraph (a) does not apply to the possession of an 244
assault weapon or a large -capacity magazine by a person before 245
July 1, 2024, if all of the following are applicable: 246
1. The person is eligible to apply for a certificate of 247
possession for the assault weapon or large -capacity magazine by 248
July 1, 2024. 249
2. The person lawfully possessed the assault weapon or 250
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large-capacity magazine before O ctober 1, 2023. 251
3. The person is otherwise in compliance with this section 252
and the applicable requirements of this chapter for possession 253
of a firearm. 254
(d) Paragraph (a) does not apply to a person who is the 255
executor of an estate that includes an assau lt weapon or a 256
large-capacity magazine for which a certificate of possession 257
has been issued under subsection (4), if the assault weapon is 258
possessed at a place set forth in subparagraph (4)(d)1. or as 259
authorized by the probate court. 260
(4) CERTIFICATE OF POSSESSION.— 261
(a) A person who lawfully possesses an assault weapon or a 262
large-capacity magazine before October 1, 2023, shall apply to 263
the Department of Law Enforcement for a certificate of 264
possession with respect to such assault weapon or large -capacity 265
magazine by October 1, 2024, or, if such person is a member of 266
the military or naval forces of the state or of the United 267
States and is unable to apply by October 1, 2024, because he or 268
she is or was on official duty outside of the state, shall apply 269
within 90 days after returning to the state. The certificate 270
must contain a description of the assault weapon or large -271
capacity magazine which identifies it uniquely, including all 272
identification marks; the full name, address, date of birth, and 273
thumbprint of the owner; and any other information as the 274
department may deem appropriate. The department shall adopt 275
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rules no later than January 1, 2024, to establish procedures 276
with respect to the application for, and issuance of, 277
certificates of possession under this subsection. The thumbprint 278
of the applicant shall be taken by a law enforcement agency or 279
the Department of Law Enforcement together with any personal 280
identifying information required by federal law to process 281
fingerprints. Charges for thumbprint services under this 282
paragraph are not subject to the sales tax on fingerprint 283
services imposed in s. 212.05(1)(i). The Department of Law 284
Enforcement shall conduct a background investigation pursuant to 285
this subsection. 286
(b) A certificate of possession issued unde r this 287
subsection must be in substantially the following form: 288
CERTIFICATE OF POSSESSION OF ASSAULT WEAPON 289
Certificate Number: 290
Owner's name: (last, first, middle) 291
Address: (number, street, city or town, state, zip 292
code) NO P.O. Boxes 293
Date of birth: 294
Social security number (optional, but will help 295
prevent misidentification): 296
Driver license number and state: 297
Manufacturer: importer: serial number: model: caliber: 298
unique i.d./markings: 299
Signature of owner 300
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Applicant's right thumbprint 301
(c)1. An assault weapon or a large-capacity magazine 302
possessed under this section may not be sold or transferred on 303
or after January 1, 2024, to a person within the state other 304
than to a licensed dealer, as provided in subsection (5), or by 305
bequest or intestate succession. 306
2. A person who obtains title to an assault weapon or a 307
large-capacity magazine for which a certificate of possession 308
has been issued under this subsection by bequest or intestate 309
succession shall, within 90 days after obtaining title: 310
a. Apply to the Departmen t of Law Enforcement for a 311
certificate of possession as provided in paragraph (a); 312
b. Render the assault weapon or large -capacity magazine 313
permanently inoperable; 314
c. Sell the weapon or large -capacity magazine to a 315
licensed dealer; or 316
d. Remove the weapon or large-capacity magazine from the 317
state. 318
3. A person who moves into the state in lawful possession 319
of an assault weapon or a large -capacity magazine shall, within 320
90 days after arriving in the state: 321
a. Render the weapon or large -capacity magazine 322
permanently inoperable; 323
b. Sell the weapon or large -capacity magazine to a 324
licensed dealer; or 325
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c. Remove the weapon or large -capacity magazine from the 326
state. 327
4. This paragraph does not apply to a person who is a 328
member of the military or naval forces of the state or of the 329
United States, is in lawful possession of an assault weapon or a 330
large-capacity magazine, and has been transferred into the state 331
after October 1, 2024. 332
(d) A person who has been issued a certificate of 333
possession for an as sault weapon or a large -capacity magazine 334
under this section may possess the assault weapon or a large -335
capacity magazine only under the following conditions: 336
1. At that person's residence, place of business, or other 337
property owned by that person, or on property owned by another 338
person with the owner's express permission; 339
2. While on the premises of a target range of a public or 340
private club or organization organized for the purpose of 341
practicing shooting at targets; 342
3. While on a target range that ho lds a regulatory or 343
business license for the purpose of practicing shooting at that 344
target range; 345
4. While on the premises of a licensed shooting club; 346
5. While attending an exhibition, display, or educational 347
project that is about firearms and is spon sored by, conducted 348
under the auspices of, or approved by a law enforcement agency 349
or a nationally or state -recognized entity that fosters 350
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proficiency in, or promotes education about, firearms; or 351
6. While transporting the assault weapon or large -capacity 352
magazine between any of the places specified in this subsection, 353
or to a licensed dealer for servicing or repair pursuant to 354
paragraph (7)(b), provided the assault weapon or large -capacity 355
magazine is transported as required by subsection (7). 356
(e) If an applicant for a certificate of possession under 357
this subsection fails to qualify for such a certificate after 358
the investigation required under this subsection, the applicant 359
shall arrange to relinquish all assault weapons or large -360
capacity magazines in h is or her possession as provided in 361
subsection (6) within 10 days after issuance of the notice of 362
qualification failure. Such an applicant who fails to make such 363
an arrangement within the time specified in this paragraph is in 364
violation of this section. 365
(5) CERTIFICATE OF TRANSFER. —If an owner of an assault 366
weapon or a large-capacity magazine sells or transfers the 367
weapon or magazine to a licensed dealer, he or she shall, at the 368
time of delivery of the weapon, execute a certificate of 369
transfer and mail or deliver the certificate to the Department 370
of Law Enforcement. The certificate shall contain: 371
(a) The date of sale or transfer. 372
(b) The name and address of the seller or transferor and 373
the licensed dealer and the social security number or driver 374
license number of each party. 375
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(c) The licensed dealer's federal firearms license number. 376
(d) A description of the weapon, including the caliber of 377
the weapon and its make, model, and serial number. 378
(e) Any other information the Department of Law 379
Enforcement prescribes. 380
381
The licensed dealer shall present his or her driver license or 382
social security card and federal firearms license to the seller 383
or transferor for inspection at the time of purchase or 384
transfer. The Department of Law Enforcement shall ma intain a 385
file of all certificates of transfer at its headquarters. 386
(6) RELINQUISHMENT. —An individual may arrange in advance 387
to relinquish an assault weapon or a large -capacity magazine to 388
a law enforcement agency as defined in s. 934.02(10) or to the 389
Department of Law Enforcement. The assault weapon or large -390
capacity magazine shall be transported in accordance with 391
subsection (7). 392
(7) TRANSPORTATION. — 393
(a) A licensed dealer who lawfully purchases for resale 394
out of state an assault weapon or a large -capacity magazine 395
under subsection (2) may transport the assault weapon or large -396
capacity magazine between dealers or out of the state, but a 397
person may not carry a loaded assault weapon concealed from 398
public view or knowingly have in any motor vehicle owned, 399
operated, or occupied by him or her a loaded assault weapon, a 400
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large-capacity magazine, an unloaded assault weapon, or a large -401
capacity magazine unless such weapon or large -capacity magazine 402
is kept in the trunk of such vehicle or in a case or other 403
container that is inaccessible to the operator of or any 404
passenger in such vehicle. A person who violates this subsection 405
commits a misdemeanor of the second degree, punishable as 406
provided in s. 775.082 or s. 775.083. A licensed dealer may 407
display the assault w eapon or large-capacity magazine at a gun 408
show or sell it to a buyer outside the state. 409
(b) A licensed dealer may transfer possession of an 410
assault weapon or a large -capacity magazine received pursuant to 411
paragraph (a) to a gunsmith for purposes of servi ce or repair of 412
the assault weapon or large -capacity magazine. Transfers are 413
permissible only to the following persons: 414
1. A gunsmith who is in the dealer's employ; or 415
2. A gunsmith with whom the dealer has contracted for 416
gunsmithing services, provided the gunsmith receiving the 417
assault weapon holds a dealer's license issued pursuant to 418
chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss. 419
921 et seq., and regulations issued pursuant thereto. 420
(8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPO RTATION 421
NOT PROHIBITED.—This section does not prohibit a person, firm, 422
or corporation engaged in the business of manufacturing assault 423
weapons or large-capacity magazines in the state from 424
manufacturing or transporting assault weapons or large -capacity 425
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magazines in the state for sale within the state under 426
subparagraph (2)(c)1. or for sale outside the state. 427
(9) EXCEPTION.—This section does not apply to a firearm 428
modified to render it permanently inoperable. 429
Section 2. Paragraph (a) of subsection (3) of section 430
775.087, Florida Statutes, is amended to read: 431
775.087 Possession or use of weapon; aggravated battery; 432
felony reclassification; minimum sentence. — 433
(3)(a)1. Any person who is convicted of a felony or an 434
attempt to commit a felony, regardless of whether the use of a 435
firearm is an element of the felony, and the conviction was for: 436
a. Murder; 437
b. Sexual battery; 438
c. Robbery; 439
d. Burglary; 440
e. Arson; 441
f. Aggravated battery; 442
g. Kidnapping; 443
h. Escape; 444
i. Sale, manufacture, delivery, or intent to sell, 445
manufacture, or deliver any controlled substance; 446
j. Aircraft piracy; 447
k. Aggravated child abuse; 448
l. Aggravated abuse of an elderly person or disabled 449
adult; 450
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m. Unlawful throwing, placing, or discharging of a 451
destructive device or bomb; 452
n. Carjacking; 453
o. Home-invasion robbery; 454
p. Aggravated stalking; or 455
q. Trafficking in cannabis, trafficking in cocaine, 456
capital importation of cocaine, trafficking in illegal drugs, 457
capital importation of illegal drugs, trafficking in 458
phencyclidine, capital importation of phencyclidine, trafficking 459
in methaqualone, capital importation of methaqualone, 460
trafficking in amphetamine, capital importation of amphetamine, 461
trafficking in flunitrazepam, trafficking in gamma -462
hydroxybutyric acid (GHB), tr afficking in 1,4-Butanediol, 463
trafficking in Phenethylamines, or other violation of s. 464
893.135(1); 465
466
and during the commission of the offense, such person possessed 467
a semiautomatic firearm and its high -capacity detachable box 468
magazine, an assault weapon or a large-capacity magazine as 469
those terms are defined in s. 790.301(1), or a machine gun as 470
defined in s. 790.001, shall be sentenced to a minimum term of 471
imprisonment of 15 years. 472
2. Any person who is convicted of a felony or an attempt 473
to commit a felony listed in subparagraph (a)1., regardless of 474
whether the use of a weapon is an element of the felony, and 475
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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
during the course of the commission of the felony such person 476
discharged a semiautomatic firearm and its high -capacity box 477
magazine, an assault weapon or a large-capacity magazine as 478
those terms are defined in s. 790.301(1), or a "machine gun" as 479
defined in s. 790.001 shall be sentenced to a minimum term of 480
imprisonment of 20 years. 481
3. Any person who is convicted of a felony or an attempt 482
to commit a felony listed in subparagraph (a)1., regardless of 483
whether the use of a weapon is an element of the felony, and 484
during the course of the commission of the felony such person 485
discharged a semiautomatic firearm and its high -capacity box 486
magazine, an assault weapon or a large-capacity magazine as 487
those terms are defined in s. 790.301(1), or a "machine gun" as 488
defined in s. 790.001 and, as the result of the discharge, death 489
or great bodily harm was inflicted upon any person, the 490
convicted person shall be senten ced to a minimum term of 491
imprisonment of not less than 25 years and not more than a term 492
of imprisonment of life in prison. 493
Section 3. If any provision of this act or its application 494
to any person or circumstance is held invalid, the invalidity 495
does not affect other provisions or applications of the act 496
which can be given effect without the invalid provision or 497
application, and to this end the provisions of this act are 498
severable. 499
Section 4. This act shall take effect October 1, 2023. 500