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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 weapons and firearms; providing a 2
short title; creating s. 790.0653, F.S.; providing 3
definitions; requiring a background check on every 4
sale or other transfer of a firearm; requiring 5
background checks on all persons involved in firearm 6
sales or other transfers; requiring firearm sales or 7
other transfers to be conducted through, and processed 8
by, a licensed dealer; authorizing a fee; providing 9
exceptions; providing criminal penalties; requiring 10
the investing law enforcement agency to repor t certain 11
violations to the Attorney General; providing 12
applicability; amending s. 790.174, F.S.; revising 13
requirements for the safe storage of firearms; 14
providing and revising definitions; revising criminal 15
penalties for violations; providing exceptions; 16
providing definitions; amending s. 790.175, F.S.; 17
requiring firearms to be sold by dealers with trigger 18
locks or gun cases; providing exceptions; revising 19
warnings to be posted in gun dealerships; requiring 20
certain materials to be given to gun purchasers; 21
requiring a purchaser to sign a specified statement; 22
providing record retention requirements for dealers; 23
providing construction; providing criminal penalties; 24
creating s. 790.223, F.S.; providing definitions; 25
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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
prohibiting specified acts involving unfinishe d 26
firearm frames or receivers; providing exceptions; 27
providing criminal penalties; providing applicability; 28
defining the term "licensed dealer"; prohibiting 29
certain actions leading to the assembly of a firearm; 30
prohibiting certain activities involving a th ree-31
dimensional printer or computer numerical control 32
milling machine that has the primary or intended 33
function of manufacturing or assembling firearms or 34
related items; providing an effective date. 35
36
Be It Enacted by the Legislature of the State of Flo rida: 37
38
Section 1. This act may be cited as the "Responsible Gun 39
Ownership Act." 40
Section 2. Section 790.0653, Florida Statutes, is created 41
to read: 42
790.0653 Transfers of firearms; transfer through licensed 43
dealer required.— 44
(1) As used in this s ection, the term: 45
(a) "Background check" means the process described in 18 46
U.S.C. s. 922(t) and s. 790.065 of using the National Instant 47
Criminal Background Check System and other systems to determine 48
that a person is not prohibited from possessing or re ceiving a 49
firearm under federal or state law. 50
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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
(b) "Family member" means a spouse or any of the following 51
relations, whether by consanguinity, adoption, or step -relation: 52
parent, child, sibling, grandparent, or grandchild. 53
(c) "Firearm" has the same mea ning as in s. 790.001(6) and 54
includes any handgun, rifle, or shotgun or any completed or 55
unfinished frame or receiver . 56
(d) "Licensed dealer" means a person who holds a federal 57
firearms license issued pursuant to 18 U.S.C. s. 923(a). 58
(e) "Person" means any individual, corporation, trust, 59
company, firm, partnership, association, club, organization, 60
society, joint stock company, or other legal entity. 61
(f) "Purchaser or other transferee" means an unlicensed 62
person who wishes or intends to receive a firear m from another 63
unlicensed person. 64
(g) "Sale" means the sale, delivery, or passing of 65
ownership or control of a firearm for a fee or other 66
consideration. 67
(h) "Seller or other transferor" means an unlicensed 68
person who wishes or intends to transfer a fir earm to another 69
unlicensed person. 70
(i) "Transfer" means to furnish, give, lend, deliver, or 71
otherwise provide, with or without consideration. 72
(j) "Unfinished frame or receiver" means a forging, 73
casting, printing, extrusion, machined body, or similar item 74
that is: 75
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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
1. Designed to or may readily be completed, assembled, or 76
otherwise converted to function as a frame or receiver; or 77
2. Marketed or sold to the public to become or be used as 78
the frame or receiver of a functional firearm, rifle, or shotgu n 79
once completed, assembled, or otherwise converted. 80
81
However, the term does not include a component designed and 82
intended for use in an antique weapon. 83
(j) "Unlicensed person" means a person who is not a 84
licensed dealer. 85
(2) All persons involved in fi rearm sales or other 86
transfers, in whole or in part, shall be subject to background 87
checks unless specifically exempted by state or federal law. If 88
the person involved in the firearm sale or other transfer, in 89
whole or in part, is a corporation or any enti ty other than an 90
individual person, the principal individual or individuals 91
involved in such sale or other transfer on behalf of the 92
corporation or other entity shall be subject to background 93
checks unless specifically exempted by federal law. A person may 94
not sell or otherwise transfer a firearm unless: 95
(a) The person is a licensed dealer; 96
(b) The purchaser or other transferee is a licensed 97
dealer; or 98
(c) The requirements of subsection (3) are met. 99
(3) If neither party to a prospective firearm sale or 100
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other transfer is a licensed dealer, the parties to the 101
transaction shall complete the sale or other transfer through a 102
licensed dealer as follows: 103
(a) The seller or other transferor and the purchaser or 104
other transferee shall appear jointly with the firearm at a 105
licensed dealer and request that the licensed dealer conduct a 106
background check on the purchaser or other transferee. 107
(b) A licensed dealer who agrees to facilitate a 108
background check pursuant to this section shall process the sale 109
or other transfer as if he or she were transferring the firearm 110
from the licensed dealer's own inventory to the purchaser or 111
other transferee, complying with all requirements of federal and 112
state law that would apply if he or she were the seller or other 113
transferor of the firearm, including all background checks and 114
recordkeeping requirements. 115
(c) The seller or other transferor and the purchaser or 116
other transferee shall each complete, sign, and submit all state 117
and federal forms necessary to process the backgrou nd check and 118
otherwise complete the sale or other transfer pursuant to this 119
section, and the licensed dealer shall indicate on the forms 120
that the sale or other transfer is between unlicensed persons. 121
(d) This section does not prevent the seller or other 122
transferor from removing the firearm from the premises of the 123
licensed dealer while the background check is being conducted or 124
during the applicable waiting period, provided that the seller 125
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or other transferor returns to the business premises of the 126
licensed dealer and delivers the firearm to the licensed dealer 127
before completion of the sale or other transfer. 128
(e) A licensed dealer or a seller or other transferor may 129
not sell or otherwise transfer a firearm to a purchaser or other 130
transferee if the result s of the background check indicate that 131
the purchaser or other transferee is prohibited from possessing 132
or receiving a firearm under federal or state law. 133
(f) A licensed dealer who agrees to conduct a background 134
check may charge a reasonable fee not to e xceed the 135
administrative costs incurred by the licensed dealer for 136
facilitating the sale or other transfer of the firearm, plus 137
applicable fees pursuant to federal and state law. 138
(4) Subsections (2) and (3) do not apply to the following: 139
(a) A law enforcement officer, as defined in s. 943.10(1) 140
or corrections agency, or a law enforcement officer or 141
correctional officer, as defined in s. 943.10(1) and (2), 142
respectively, vested with the authority to bear arms, acting 143
within the course and scope of his or her employment or official 144
duties. 145
(b) A United States Marshals Service officer, United 146
States Armed Forces or National Guard member, or federal 147
official vested with the authority to bear arms, acting within 148
the course and scope of his or her employment or official 149
duties. 150
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(c) A gunsmith who receives a firearm solely for the 151
purposes of service or repair who returns the firearm to its 152
lawful owner. 153
(d) A common carrier, warehouseman, or other person 154
engaged in the business of transportation or storage , to the 155
extent that the receipt of any firearm is in the ordinary course 156
of business and not for the personal use of any such person. 157
(e) A person who is not prohibited from possessing or 158
receiving a firearm under state or federal law who has 159
temporarily transferred a firearm: 160
1. Solely for the purpose of shooting at targets, if the 161
transfer occurs on the premises of a sport shooting range 162
authorized by the governing body of the jurisdiction in which 163
the range is located, or, if no such authorization i s required, 164
operated consistently with local law in such jurisdiction, and 165
the firearm is at all times kept within the premises of the 166
sport shooting range; 167
2. While the person is accompanying the lawful owner of 168
the firearm and using the firearm for law ful hunting purposes, 169
if hunting is legal in all places where the person possesses the 170
firearm and the person holds all licenses and permits required 171
for such hunting; 172
3. While participating in a lawfully organized competition 173
involving the use of a firearm; or 174
4. While in the presence of the seller or other 175
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transferor. 176
(f) A family member of the seller or other transferor. 177
This paragraph does not apply if the lawful owner or family 178
member knows or has reasonable cause to believe that federal or 179
state law prohibits the family member from purchasing or 180
possessing a firearm, or the seller or other transferor knows or 181
has reasonable cause to believe that the family member is likely 182
to use the firearm for unlawful purposes. 183
(g) An executor, administrator, trustee, or personal 184
representative of an estate or trust that occurs by operation of 185
law upon the death of the former lawful owner of the firearm. 186
(h) The temporary transfer of a firearm if such transfer 187
is to prevent immediate or imminen t death or great bodily harm 188
to one's self or others, provided that the person to whom the 189
firearm is transferred is not prohibited from possessing a 190
firearm under state or federal law and the temporary transfer 191
lasts no longer than necessary to prevent su ch immediate or 192
imminent death or great bodily harm. 193
(i) The sale or other transfer of an antique firearm. 194
(5) A person who violates this section commits a felony of 195
the third degree, punishable as provided in s. 775.082, s. 196
775.083, or s. 775.084. 197
(6) In addition to any other penalty or remedy, the 198
investigating law enforcement agency shall report any violation 199
of this section committed by a licensed dealer to the Attorney 200
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General. 201
(7) This section does not apply to any firearm modified to 202
render it permanently inoperable. 203
Section 3. Section 790.174, Florida Statutes, is amended 204
to read: 205
790.174 Safe storage of firearms required. — 206
(1)(a) A person who stores or leaves, on a premise under 207
his or her control, a loaded firearm, as defined in s. 790.001, 208
and who knows or reasonably should know that a minor is likely 209
to gain access to the firearm without the lawful permission of 210
the minor's parent or the person having charge of the minor, or 211
without the supervision required by law, shall keep the f irearm 212
in a securely locked box or container or in a location which a 213
reasonable person would believe to be secure or shall secure it 214
with a trigger lock, except when the person is carrying the 215
firearm on his or her body or within such close proximity 216
thereto that he or she can retrieve and use it as easily and 217
quickly as if he or she carried it on his or her body. 218
(b) A person who stores or leaves, on a premise under his 219
or her control, a firearm, as defined in s. 790.001, and who 220
knows or reasonably sho uld know that a prohibited user is likely 221
to gain access to the firearm, shall keep the firearm in a 222
securely locked box or container or shall secure it with a 223
trigger lock, except when the person is carrying the firearm on 224
his or her body or within such c lose proximity thereto that he 225
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or she can retrieve and use the firearm as easily and quickly as 226
if he or she carried it on his or her body. For the purposes of 227
this section, the term "prohibited user" means any person who is 228
prohibited by state or federal law from possessing the firearm. 229
(2) Except as provided in paragraphs (b) and (c), It is a 230
misdemeanor of the second degree, punishable as provided in s. 231
775.082 or s. 775.083, if a person violates subsection (1) : 232
(a) It is a misdemeanor of the second degree, punishable 233
as provided in s. 775.082 or s. 775.083. 234
(b) by failing to store or leave a firearm in the required 235
manner And as a result thereof If, as a result of the violation, 236
a prohibited user or a minor gains access to the firearm, 237
without the lawful permission of the minor's parent or the 238
person having charge of the minor, and possesses or exhibits it, 239
without the supervision required by law: 240
1.(a) In a public place; or 241
2.(b) In a rude, careless, angry, or threatening manner in 242
violation of s. 790.10. 243
244
A person who violates subsection (1) commits misdemeanor of the 245
first degree, punishable as provided in s. 775.082 or s. 246
775.083. 247
(c) The penalties provided in this section do not apply if 248
the prohibited user or the minor obtains the firearm : This 249
subsection does not apply 250
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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
1. If the minor obtains the firearm As a result of an 251
unlawful entry by any person. 252
2. While lawfully acting in self -defense or defense of 253
another. 254
3. With the permission of the minor's parent or guardian 255
and the minor uses or possesses the firearm during the minor's 256
employment; ranching or farming; or target practice, hunting, or 257
instruction in the safe use of a firearm. 258
(3) As used in this section act, the term: 259
(a) "Locked box or container" means a secure cont ainer 260
that is fully enclosed and locked by a padlock, key lock, 261
combination lock, or similar locking device. 262
(b) "Locking device" means a trigger lock, cable lock, or 263
similar lock that prevents an unloaded firearm from discharging 264
when properly engaged s o as to render such weapon inoperable by 265
any person other than the owner or other lawfully authorized 266
user. 267
(c) "Minor" means any person under the age of 18 16. 268
Section 4. Section 790.175, Florida Statutes, is amended 269
to read: 270
790.175 Transfer or s ale of firearms; required warnings; 271
penalties.— 272
(1) Except as provided in subsection (2), a licensed 273
dealer may not sell a firearm in this state unless the sale 274
includes one of the following: 275
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(a) A commercially available trigger lock or other device 276
designed to disable the firearm and prevent the discharge of the 277
firearm. 278
(b) A commercially available gun case or storage container 279
that can be secured to prevent unauthorized access to the 280
firearm. 281
(2)(1) Upon the retail commercial sale or retail transfer 282
of any firearm, the licensed dealer seller or transferor shall 283
deliver: 284
(a) A written warning to the purchaser or transferee, 285
which warning states, in block letters not less than 1/4 inch in 286
height: 287
"IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, 288
FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE 289
WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS 290
OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP 291
OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF 292
UNSOUND MIND. YOU MAY BE CRIMINALLY AND CIVILLY LIABLE FOR 293
ANY HARM CAUSED BY A MINOR WHO LAWFULLY GAINS UNSUPERVISED 294
ACCESS TO YOUR FIREARM IF UNLAWFULLY STORED. " 295
(b) A brochure or pamphlet that includes safety 296
information on the use and storage of the firearm in a home 297
environment. 298
(c) A written warning informing the purchaser of the 299
penalties for failing to store or leave a firearm in the manner 300
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required under s. 790.174. 301
(3)(2) Any licensed dealer retail or wholesale stor e, 302
shop, or sales outlet which sells firearms must conspicuously 303
post at each purchase counter the following warning in block 304
letters not less than 1 inch in height: 305
"IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN 306
THE REACH OR EASY ACCESS O F A MINOR UNDER 18 YEARS OF AGE OR TO 307
KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF 308
A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND." 309
(4) This section does not apply to any of the following: 310
(a) The sale of a firearm to a law enforce ment officer, as 311
defined in s. 943.10(1), or an employing agency, as defined in 312
s. 943.10(4). 313
(b) The sale of a firearm to a person who that presents to 314
the licensed dealer one of the following: 315
1. A trigger lock or other device designed to disable the 316
firearm and prevent the discharge of the firearm together with a 317
copy of the purchase receipt for the licensed dealer to keep. A 318
separate trigger lock or device and a separate purchase receipt 319
shall be is required for each firearm purchased. 320
2. A gun case or storage container that can be secured to 321
prevent unauthorized access to the firearm together with a copy 322
of the purchase receipt for the licensed dealer to keep. A 323
separate gun case or storage container and a separate purchase 324
receipt shall be is re quired for each firearm purchased. 325
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(c) The sale of an antique firearm. 326
(5) Upon the sale of a firearm, a licensed dealer shall 327
sign a statement and require the purchaser to sign a statement 328
stating that the sale is in compliance with subsections (1), 329
(3), and (4). The dealer shall retain a copy of the signed 330
statements and, if applicable, a copy of the receipt prescribed 331
in paragraph (4)(b), for at least 6 years. 332
(6)(a) This section does not create a civil action or 333
liability for damages arising from the use or misuse of a 334
firearm or ammunition for a person, other than a licensed 335
dealer, who produces a firearm or ammunition. 336
(b) A licensed dealer is not liable for damages arising 337
from the use or misuse of a firearm if the sale complies with 338
this section, any other applicable law of this state, and 339
applicable federal law. 340
(7)(3) Any person or business knowingly violating a 341
requirement to provide warning under this section commits : 342
(a) For a first violation, a misdemeanor of the second 343
degree, punishable as provided in s. 775.082 or s. 775.083. 344
(b) For a second violation, a misdemeanor of the first 345
degree, punishable as provided in s. 775.082 or s. 775.083. 346
(c) For a third or subsequent violation, a felony of the 347
third degree, punishable as provi ded in s. 775.082, s. 775.083, 348
or s. 775.084. 349
(8) As used in this section, the term "licensed dealer" 350
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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
means a person who holds a license as a dealer in firearms 351
issued pursuant to 18 U.S.C. s. 923(a). 352
Section 5. Section 790.223, Florida Statutes, is created 353
to read: 354
790.223 Unfinished firearms. — 355
(1) As used in this section, the term: 356
(a) "Assemble" means to fit component or parts together. 357
(b) "Firearms importer or manufacturer" means a person 358
licensed to import or manufacture firearms pursuan t to 18 U.S.C. 359
chapter 44. 360
(c) "Law enforcement agency" has the same meaning as in s. 361
23.1225(1)(d). 362
(d) "Manufacture" means to fabricate, make, form, produce, 363
or construct by manual labor or machinery. 364
(e) "Undetectable firearm" means a firearm that is 365
manufactured, assembled, or otherwise comprised entirely of 366
nonmetal substances, if: 367
1. After removal of grips, stocks, and magazines the 368
firearm is not detectable as a security exemplar by a walk -369
through metal detector calibrated to detect the secur ity 370
exemplar; or 371
2. The firearm includes a major component, as defined in 372
18 U.S.C. 922, that, if subjected to inspection by the types of 373
X-ray machines commonly used at airports, would not generate an 374
image that accurately depicts the shape of the comp onent. 375
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(f) "Unfinished frame or receiver" has the same meaning as 376
provided in s. 790.0653(1)(j). 377
(2)(a) After January 1, 2024, a person may not knowingly 378
possess, purchase, transport, or receive an unfinished frame or 379
receiver unless: 380
1. The person is a firearms importer or manufacturer; or 381
2. The unfinished frame or receiver is imprinted with a 382
serial number issued by a firearms importer or manufacturer and 383
the unfinished frame or receiver has been imprinted with the 384
serial number pursuant to feder al law. 385
(b) A person who violates this subsection commits: 386
1. For the first offense: 387
a. If the offense is a possession violation, a misdemeanor 388
of the second degree, punishable as provided in s. 775.082 or s. 389
775.083; or 390
b. If the first offense is any other violation, a 391
misdemeanor of the first degree, punishable as provided in s. 392
775.082 or s. 775.083; or 393
2. For a second or subsequent offense, a felony of the 394
third degree, punishable as provided in s. 775.082, s. 775.083, 395
or s. 775.084. 396
(3)(a) A person may not sell, offer to sell, or transfer 397
an unfinished frame or receiver unless: 398
1. The person is a firearms importer or manufacturer and 399
the recipient of the unfinished frame or receiver is a firearms 400
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importer or manufacturer; or 401
2. The unfinished frame or receiver is imprinted with a 402
serial number issued by an importer or manufacturer and the 403
unfinished frame or receiver has been imprinted with the serial 404
number pursuant to federal law. 405
(b) A person who violates this subsection commits: 406
1. For the first offense, a misdemeanor of the first 407
degree, punishable as provided in s. 775.082 or s. 775.083; or 408
2. For a second or subsequent offense, a felony of the 409
third degree, punishable as provided in s. 775.082, s. 775.083, 410
or s. 775.084. 411
(4)(a) A person may not manufacture or cause to be 412
manufactured or assemble or cause to be assembled a firearm that 413
is not imprinted with a serial number issued by a firearms 414
importer or manufacturer in accordance with federal law and any 415
regulations adopted thereunder unless the firearm: 416
1. Has been rendered permanently inoperable; 417
2. Is an antique firearm; or 418
3. Has been determined to be a collector's item pursuant 419
to 26 U.S.C. chapter 53 or a curio or relic pursuant to 18 420
U.S.C. chapter 44. 421
(b) A person who violates this subsection commits: 422
1. For the first offense, a misdemeanor of the first 423
degree, punishable as provided in s. 775.082 or s. 775.083; or 424
2. For a second or subsequent offense, a felony of the 425
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third degree, punishable as provided in s. 775.082, s. 775.083, 426
or s. 775.084. 427
(5)(a) After January 1, 2024, a person may not possess, 428
sell, offer to sell, transfer, purchase, transport or receive a 429
firearm that is not imprinted with a serial number issued by a 430
firearms importer or manufact urer in accordance with federal law 431
and any regulations adopted thereunder unless: 432
1. The person is: 433
a. A law enforcement agency; or 434
b. A firearms importer or manufacturer, and in the case of 435
an offer to sell, sale, or transfer, the purchaser or transferee 436
is a firearms importer or manufacturer; or 437
2. The firearm: 438
a. Has been rendered permanently inoperable; 439
b. Was manufactured before 1969; 440
c. Is an antique firearm; or 441
d. Has been determined to be a collector's item pursuant 442
to 26 U.S.C. chapter 53 or a curio or relic pursuant to 18 443
U.S.C. chapter 44. 444
(b) A person who violates this subsection commits: 445
1. For the first offense: 446
a. If the offense is a possession violation, a misdemeanor 447
of the second degree, punishable as provided in s. 775.082 or s. 448
775.083; or 449
b. If the first offense is any other violation, a 450
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misdemeanor of the first degree, punishable as provided in s. 451
775.082 or s. 775.083; or 452
2. For a second or subsequent offense, a felony of the 453
third degree, punishable as p rovided in s. 775.082, s. 775.083, 454
or s. 775.084. 455
(6)(a) A person may not knowingly allow, facilitate, aid, 456
abet, or cause the manufacture or assembling of a firearm by a 457
minor or any other person who is legally prohibited from 458
possessing such a weapon u nder state or federal law. 459
(b) A person may not knowingly allow, facilitate, aid, 460
abet, or cause the manufacture or assembly of an undetectable 461
firearm. 462
(c) Except by operation of law, a person who does not have 463
a valid federal license to manufacture firearms may not sell or 464
transfer ownership of a firearm that the person manufactured or 465
assembled. 466
(7)(a) A person may not to sell, offer to sell, or 467
transfer a three-dimensional printer or computer numerical 468
control (CNC) milling machine that has the p rimary or intended 469
function of manufacturing or assembling firearms or completed or 470
unfinished frame or receivers to any person who does not have a 471
valid license to manufacture firearms. 472
(b) A person may not purchase or receive a three -473
dimensional printer or CNC milling machine that has the primary 474
or intended function of manufacturing or assembling firearms or 475
HB 1513 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1513-00
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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
completed or unfinished frame or receivers, unless that person 476
has a valid license to manufacture firearms. 477
(c) A CNC milling machine or three -dimensional printer has 478
the primary or intended function of manufacturing firearms or 479
completed or unfinished frames and receivers if the machine or 480
printer has been marketed or sold to the public in a manner that 481
advertises that the machine or printer may be used to 482
manufacture firearms or completed or unfinished frames and 483
receivers, or in a manner that knowingly or recklessly promotes 484
the machine's use in manufacturing firearms or completed or 485
unfinished frames and receivers by individuals who are not 486
licensed firearms manufacturers, regardless of whether the 487
machine or printer is otherwise described or classified as 488
having other functions or as a general -purpose machine or 489
printer. 490
Section 6. This act does not prohibit the sale of an 491
unfinished frame or receiver or firearm that is not imprinted 492
with a serial number to a firearms importer or manufacturer or a 493
licensed dealer before January 1, 2024. As used in this section, 494
the term "licensed dealer" means a person licensed as a dealer 495
in firearms issued pursuant to 18 U.S.C. s. 923(a). 496
Section 7. This act shall take effect October 1, 2023. 497