Florida SB 254

[Don P]

Something for Florida gun owners, AR owners should consider looking into and contacting their local state reps. This is what I found while cruising the states upcoming legislative session,

SB 254: Gun Safety
GENERAL BILL by Stewart ; (CO-INTRODUCERS) Farmer

Gun Safety; Prohibiting the sale or transfer of an assault weapon or large capacity ammunition magazine; prohibiting possession of an assault weapon or large-capacity magazine; requiring certificates of possession for assault weapons or large capacity ammunition magazines lawfully possessed before a specified date; providing enhanced criminal penalties for certain offenses when committed with an assault weapon or large capacity magazine, etc.

Effective Date: 10/1/2017
Last Action: 1/5/2017 Senate - Filed
Location: Filed
Bill Text: Web Page | PDF

[Aguila Blanca]

New York SAFE Act, revisited.

It's a cancer, and it's spreading.

[cptjack]

what constitutes assault weapon,"full auto?"

[Don P]

what constitutes assault weapon,"full auto?

"
Here is the link to the pdf ,
https://www.flsenate.gov/Session/Bil...Text/Filed/PDF

790.30 Assault weapons.—
35 (1) DEFINITIONS.—As used in this section, the term:
36 (a)1. “Assault weapon” means any selective-fire firearm
37 capable of fully automatic, semiautomatic or burst fire at the
38 option of the user or any of the following specified
39 semiautomatic firearms:
40 a. All AK series, including, but not limited to, the
41 following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
42 NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
43 and Vector Arms AK-47.
44 b. All AR series, including, but not limited to, the
45 following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
46 M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
47 M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
48 AR rifles.
49 c. Algimec AGM1.
50 d. Barrett 82A1 and REC7.
51 e. Beretta AR-70 and Beretta Storm.
52 f. Bushmaster Auto Rifle.
53 g. Calico Liberty series.
54 h. Chartered Industries of Singapore SR-88.
55 i. Colt Sporter.
56 j. Daewoo K-1, K-2, Max-1, and Max 2.
57 k. FAMAS MAS 223.
58 l. Federal XC-900 and SC-450.
59 m. Fabrique National FN/FAL, FN/LAR, or FNC.
60 n. FNH PS90, SCAR, and FS2000.
61 o. Goncz High Tech Carbine.
Florida Senate - 2017 SB 254
13-00271A-17 2017254__
Page 3 of 16
CODING: Words stricken are deletions; words underlined are additions.
62 p. Hi-Point Carbine.
63 q. HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
64 r. Kel-Tec Sub-2000, SU series, RFB.
65 s. M1 Carbine.
66 t. SAR-8, SAR-4800, SR9;
67 u. SIG 57 AMT and 500 Series.
68 v. Sig Sauer MCX Rifle.
69 w. SKS capable of accepting a detachable magazine.
70 x. SLG 95.
71 y. SLR 95 or 96.
72 z. Spectre Auto Carbine.
73 aa. Springfield Armory BM59, SAR-48, and G-3.
74 bb. Sterling MK-6 and MK-7.
75 cc. Steyr AUG.
76 dd. Sturm Ruger Mini-14 with folding stock.
77 ee. TNW M230, M2HB.
78 ff. Thompson types, including Thompson T5.
79 gg. UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
80 Rifle (Galatz), or Vector Arms UZI.
81 hh. Weaver Arms Nighthawk.
82 2. All of the following handguns, copies, duplicates, or
83 altered facsimiles with the capability of any such weapon
84 thereof:
85 a. AK-47 pistol, Mini AK-47 pistol.
86 b. AR-15 pistol.
87 c. Australian Automatic Arms SAP pistol.
88 d. Bushmaster Auto Pistol.
89 e. Calico Liberty series pistols.
90 f. Encom MK-IV, MP-9, and MP-45.
Florida Senate - 2017 SB 254
13-00271A-17 2017254__
Page 4 of 16
CODING: Words stricken are deletions; words underlined are additions.
91 g. Feather AT-9 and Mini-AT.
92 h. Goncz High Tech Long pistol.
93 i. Holmes MP-83.
94 j. Iver Johnson Enforcer.
95 k. MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
96 Velocity Arms VMA series.
97 l. Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
98 m. UZI pistol, Micro-UZI pistol.
99 n. Colefire Magnum.
100 o. Scarab Skorpion.
101 p. Spectre Auto pistol.
102 q. German Sport 522 PK.
103 r. Chiappa Firearms Mfour-22.
104 s. DSA SA58 PKP FAL.
105 t. I.O. Inc. PPS-43C.
106 u. Kel-Tec PLR-16 pistol.
107 v. Sig Sauer P556 pistol.
108 w. Thompson TA5 series pistols.
109 x. Wilkinson “Linda” pistol.
110 3. All of the following shotguns, copies, duplicates, or
111 altered facsimiles with the capability of any such weapon
112 thereof:
113 a. Armscor 30 BG.
114 b. Franchi SPAS-12 and Law-12.
115 c. Remington TAC-2 or TACB3 FS.
116 d. SPAS 12 or LAW 12.
117 e. Striker 12.
118 f. Streetsweeper.
119 g. Saiga.
Florida Senate - 2017 SB 254
13-00271A-17 2017254__
Page 5 of 16
CODING: Words stricken are deletions; words underlined are additions.
120 h. USAS-12.
121 i. Kel-tec KSG.
122 4. A part or combination of parts that convert a firearm
123 into an assault weapon or any combination of parts from which an
124 assault weapon may be assembled if those parts are in the
125 possession or under the control of the same person;
126 5. Any semiautomatic firearm not listed in paragraph (a)
127 that meets the following criteria:
128 a. A semiautomatic rifle that has an ability to accept a
129 detachable magazine and has one or more of the following:
130 (I) A folding or telescoping stock;
131 (II) A pistol grip that protrudes conspicuously beneath the
132 action of the weapon or any feature functioning as a protruding
133 grip that can be held by the non-trigger hand or a thumbhole
134 stock;
135 (III) A bayonet mount;
136 (IV) A flash suppressor or threaded barrel designed to
137 accommodate a flash suppressor;
138 (V) A grenade launcher;
139 (VI) A shroud attached to the barrel, or that partially or
140 completely encircles the barrel allowing the bearer to hold the
141 firearm with the non-trigger hand without being burned, but
142 excluding a slide that encloses the barrel; or
143 b. A semiautomatic pistol that has an ability to accept a
144 detachable magazine and has one or more of the following:
145 (I) The capacity to accept an ammunition magazine that
146 attaches to the pistol at any location outside of the pistol
147 grip;
148 (II) A threaded barrel capable of accepting a barrel
Florida Senate - 2017 SB 254
13-00271A-17 2017254__
Page 6 of 16
CODING: Words stricken are deletions; words underlined are additions.
149 extender, flash suppressor, forward handgrip, or silencer;
150 (III) A slide that encloses the barrel and that permits the
151 shooter to hold the firearm with the non-trigger hand without
152 being burned;
153 (IV) A manufactured weight of 50 ounces or more when the
154 pistol is unloaded;
155 (V) A semiautomatic version of an automatic firearm;
156 (VI) Any feature capable of functioning as a protruding
157 grip that can be held by the non-trigger hand;
158 (VII) A folding, telescoping, or thumbhole stock; or
159 c. A semiautomatic shotgun that has one or more of the
160 following:
161 (I) A folding or telescoping stock;
162 (II) A pistol grip that protrudes conspicuously beneath the
163 action of the weapon;
164 (III) A thumbhole stock;
165 (IV) A fixed magazine capacity in excess of 5 rounds;
166 (V) An ability to accept a detachable magazine; or
167 d. Any semiautomatic pistol or any semiautomatic,
168 centerfire, or rimfire rifle with a fixed magazine that has the
169 capacity to accept more than 10 rounds of ammunition; or
170 e. A part or combination of parts designed or intended to
171 convert a firearm into an assault weapon or any combination of
172 parts from which an assault weapon may be assembled if those
173 parts are in the possession or under the control of the same
174 person.
175 (b) “Detachable magazine” means an ammunition feeding
176 device that can be removed from a firearm without disassembly of
177 the firearm action.
Florida Senate - 2017 SB 254
13-00271A-17 2017254__
Page 7 of 16
CODING: Words stricken are deletions; words underlined are additions.
178 (c) “Fixed magazine” means an ammunition feeding device
179 contained in, or permanently attached to, a firearm in such a
180 manner that the device cannot be removed without disassembly of
181 the firearm action.
182 (d) “Large capacity magazine” means any ammunition feeding
183 device with the capacity to accept more than 7 rounds, or any
184 conversion kit, part, or combination of parts from which such a
185 device can be assembled if those parts are in the possession or
186 under the control of the same person, but does not include any
187 of the following:
188 1. A feeding device that has been permanently altered so
189 that it cannot accommodate more than 7 rounds;
190 2. A .22 caliber tube ammunition feeding device; or
191 3. A tubular magazine that is contained in a lever-action
192 firearm.
193 (e) “Licensed gun dealer” means a person who has a federal
194 firearms license.
195 (2) SALE OR TRANSFER.—
196 (a) Any person who, within this state, distributes,
197 transports, or imports into the state, sells, keeps for sale, or
198 offers or exposes for sale, or who gives any assault weapon or
199 large capacity ammunition magazine, in violation of this
200 section, except as provided in paragraph (b), commits a felony
201 of the third degree, punishable as provided in s. 775.082, s.
202 775.083, or s. 775.084, with a mandatory minimum term of
203 imprisonment of 2 years.
204 (b) Any person who transfers, sells, or gives any assault
205 weapon or large capacity ammunition magazine to a person under
206 18 years of age in violation of this section commits a felony of
Florida Senate - 2017 SB 254
13-00271A-17 2017254__
Page 8 of 16
CODING: Words stricken are deletions; words underlined are additions.
207 the second degree, punishable as provided in s. 775.082, s.
208 775.083, or s. 775.084, with a mandatory minimum term of
209 imprisonment of 6 years.
210 (c) Paragraph (a) does not apply to:
211 1. The sale of assault weapons or large capacity ammunition
212 magazines to the Department of Law Enforcement, a law
213 enforcement agency, as defined in s. 934.02, the Department of
214 Corrections, or the military or naval forces of this state or of
215 the United States for use in the discharge of their official
216 duties.

[P5 Guy]

Bloomberg and the Demanding Moms from Everytown are drooling over this one, you can take it to the bank.

[carguychris]

Originally Posted by Don P

This is what I found while cruising the states upcoming legislative session...

Does it have many sponsors or co-sponsors?

These sorts of bills pop up periodically in almost every state. Their sponsorship status will often tell you their relative chances of success. (FWIW this is particularly true in TX where I live, as the legislative process places strong emphasis on committees; hence, the absence of any powerful committee members on the sponsorship list often tells you that the bill will never get a floor vote.)

[Don P]

Another bill that has surfaced,

Does it have many sponsors or co-sponsors?

These sorts of bills pop up periodically in almost every state.

I have been tracking the legislature here in FLA since 2013 and this is the first time I have seen any bills being filed with regards to AR 's or magazine limitations. Here is the link to the bill itself.
https://www.flsenate.gov/Session/Bill/2017/0167

HB 167: Assault Weapons and High Capacity Magazines
GENERAL BILL by Smith

Assault Weapons and High Capacity Magazines; Prohibits sale or transfers of assault weapon or large capacity ammunition magazine; provides exceptions; prohibits possession of assault weapon or large-capacity magazine; provides exceptions; requires certificates of possession for assault weapons or large capacity ammunition magazines lawfully possessed before specified date; limits transfers of weapons or large capacity ammunition magazines represented by such certificates; provides conditions for continued possession of such weapons or large capacity ammunition magazines; requires certificates of transfer for transfers of assault weapons or large capacity magazines; provides for relinquishment of assault weapons or large capacity magazines; provides requirements for transportation of assault weapons; specifies circumstances in which manufacture or transportation of assault weapons or large capacity magazines is not prohibited; provides enhanced criminal penalties for certain offenses when committed with assault weapon or large capacity magazine.

Effective Date: 10/1/2017
Last Action: 1/5/2017 House - Filed
Location: Filed
Bill Text: PDF

[44 AMP]

Well, that is one of the most comprehensive wish lists I have seen in a long time.

I note a few additions to the usual list, this one actually includes real assault rifles (select fire), which have been regulated under Federal law since 1934 (before actual assault rifles existed, but covered because the select fire capacity makes them machineguns).

Semi auto handguns over 50oz empty, say goodbye to the Desert Eagle!

Goodbye to any pistol with a threaded barrel

Defines high capacity magazine as more than 7 (seven) rounds!!! (goodbye to ALL 9mm mags, all 8rnd 1911A1 mags, etc (unless permanently blocked to 7rnds).

In one way or another the list covers about every semi auto firearm I can think of, and this alone

A semiautomatic version of an automatic firearm;

Covers a huge amount of firearms.

also no thumbhole stocks, FIXED magazines holding more than 5 (FIVE) rounds (shotgun).

110 3. All of the following shotguns, copies, duplicates, or
111 altered facsimiles with the capability of any such weapon
112 thereof:
113 a. Armscor 30 BG.
114 b. Franchi SPAS-12 and Law-12.
115 c. Remington TAC-2 or TACB3 FS.
116 d. SPAS 12 or LAW 12.
117 e. Striker 12.
118 f. Streetsweeper.
119 g. Saiga.

Just FYI, the actions of the Streetsweeper and Striker 12 are essentially the same as a DA revolver. The "drum magazine" of these guns is not a drum, it is actually a cylinder, just like your S&W, Colt, Ruger, etc revolvers.

After they take the semis, this will be the (by then, long established) law that lets them take our revolvers too, when they get around to it.

Oh, and that old M16 pistolgrip that has been floating around in your junk drawer for decades? Under this law, possession of it (Without even have a gun it fits on) would be a FELONY!!!! (2 years min)

and, OF COURSE, the POLICE and other government agencies are exempted...
(but only in the course of their official duties, you understand....)

I wonder if any of the sponsors have been appraised of the cost to the state that turning a few MILLION of their citizens into felons overnight would be???

[Aguila Blanca]

Originally Posted by cptjack

what constitutes assault weapon,"full auto?"

As you can see from the post following yours -- anything they choose to say it is.

Look at the history of the federal AWB. It expired in 2004 but several states had cloned the language and retained it in state law. As I posted a few days ago, I know people in Connecticut who owned "post-ban" configuration AR-15s. These were perfectly legal under both federal and Connecticut law. They were configured such that they didn't have enough "evil" features to be classified as "assault weapons."

And then Sandy Hook happened, and Connecticut revised its assault weapon definition. Instead of allowing two evil features (typically a pistol grip and a removable magazine) they changed it to allowing only ONE "evil" feature. So all those previously-legal, non-assault AR-15s became "assault weapons" with the stroke of the governor's pen, and they had to either register them with the state police or dispose of them out of state.

The Florida definition mirrors the new definition used in Connecticut (and, I think, in the NY SAFE Act). Under this new definition, anything with a detachable magazine and even ONE other "evil" feature (usually the pistol grip) becomes an "assault weapon."

[Don P]

Well, that is one of the most comprehensive wish lists I have seen in a long time

Yes it is.

As you can see from the post following yours -- anything they choose to say it is

Unfortunately true.
I looked into the 2 members of our legislature that are involved with both bills I posted about.
Both are members of the Democratic party, one is from Orange County ( Pulse Night Club) Senator Linda Stewart

Party: Democrat

Committee Assignments
Education
Environmental Preservation and Conservation
Governmental Oversight and Accountability
Appropriations Subcommittee on the Environment and Natural Resources
Joint Committee on Public Counsel Oversight

and the other is from Broward County

Senator Gary M. Farmer, Jr.
Party: Democrat

Committee Assignments
Appropriations Subcommittee on Higher Education
Appropriations Subcommittee on Pre-K - 12 Education
Banking and Insurance
Education
Environmental Preservation and Conservation

Linda Stewart introduced the bill and Farmer was a co-introduce of it and the House bill about magazines was introduced by Carlos Guillermo Smith from district 49 which is in orange county (Orlando) . Both bills introduced the same day and has to be revolving around the Pulse Night Club shooting and as usual the folks that were elected HAVE TO DO SOMETHING whether it be right or wrong. Knee jerk reaction as usual and we all know if enacted will solve nothing. This should not get out of committee.

Does it have many sponsors or co-sponsors?

One co- sponsor.

[2ndsojourn]

SB 254: Gun Safety.....


So, where's the safety part of this proposed bill?

[xandi]

Its safety for them from us(ppl)

[lefteye]

I had a grandfather named Stewart who was a farmer and kept his guns in a wooden cabinet next to the piano my grandmother used to give piano lessons to children. Fortunately they don't have to witness this kind of stuff.

[Don P]

SB 254: Gun Safety.....


So, where's the safety part of this proposed bill?

When you are a far, far left loony, this make perfect sense to you with regards to gun safety. From what I see reading the firearm related bills being introduced for the 2017 Florida State legislative session, all are introduced by Democrats. I'm not trying to start the us verse's them with this statement. It is just plain fact. I am hoping that none of the negative firearm related bills gain any traction. SB-254 has come about because of the Pulse Night club shooting.

[Aguila Blanca]

SB-254 has come about because of the Pulse Night club shooting.

Of course. And it conveniently overlooks the fact that, as a licensed security officer, the Pulse shooter would probably be exempt from the law anyway. Or he would just get his weapons and ammo on the black market.

[P5 Guy]

SB 254: Gun Safety.....
So, where's the safety part of this proposed bill?

Occupational Safety Health Act for criminals?

[str8tshot]

A bill like this has very little chance of success in the current FL legislature.
Other efforts with high likely hood of passing FL legislature are increasing carry options and removing many restricted areas, such as government buildings. I heard the Governor wants to allow open carry, carry in schools and government buildings, and a few other tweaks to FL 790.

In other news, Tallahassee city is being sued because of the preemption clause in FL 790. Florida law prohibits counties, towns, and other municipalities from regulating firearms. The penalty for trying to regulate includes removal from office and either a fine or jail.
Tallahassee has an old law (circa 1950s) that prohibits firing a firearm in a public park. Two gun rights groups sued them to remove the law. Other similar law suits have been successful, and there is no reason to believe the Mayor will win this one.


Sent from my iPad using Tapatalk

[Don P]

They are making progress with this bill which moves the burden of proof for a self defense claim from the individual to the state.
The link to the bill, http://www.flsenate.gov/Session/Bill/2017/0128
This is the link to the Bill analysis from the Judiciary Post meeting, http://www.flsenate.gov/Session/Bill...17s0128.ju.PDF

[Don P]

As of this morning this bill is sitting idle and I am hoping it stays that way

[ShootistPRS]

We, in Washington state, have just had a similar bill introduced for the second time. I have already written to my congress critters and the committee members involved that we want to see this and two other bills in the trash as fast as possible.

[Aguila Blanca]

Defines high capacity magazine as more than 7 (seven) rounds!!! (goodbye to ALL 9mm mags, all 8rnd 1911A1 mags, etc (unless permanently blocked to 7rnds).

And how do you permanently block 8-round 1911 magazines to 7-rounds? They all use the same tube -- the only difference is in the follower and the spring. It's easy to convert 7-round 1911 magazines to 8-rounders (although I generally go the other way, since I don't trust 8-rounders).

[Tom Servo]

In practical terms, this bill is dead on arrival. It's been shuffled off to the Judiciary Committee, where it stands no chance.

Chairman Greg Stuebe isn't a typical kinda-sorta-waffles in our favor kind of guy. He's an active supporter of the RKBA who refused to shelve an airport-carry bill following the Fort Lauderdale shooting (a bill he sponsored) and he's been a vocal advocate for open carry.

Vice Chair Lizbeth Benacquisto has also been a strong ally, and she has very high ratings from the NRA.

On the other hand, the bill's sponsor is Linda Stewart, a first-termer who's probably doing this to establish street cred for a US Senate run in 2018.

This has the Feinstein/Bloomberg fingerprints all over it, but it's also so overly broad it has no chance of passing. A few politicians may vote for it as a matter of virtue-signaling, but that's pretty much it.

[5whiskey]

On the other hand, the bill's sponsor is Linda Stewart, a first-termer who's probably doing this to establish street cred for a US Senate run in 2018.

This has the Feinstein/Bloomberg fingerprints all over it, but it's also so overly broad it has no chance of passing. A few politicians may vote for it as a matter of virtue-signaling, but that's pretty much it.

^^^This. It's an effort by a new legislator to prove to their base that they are trying to do something. What they actually did was waste a ton of man-hours having their staff prepare a bill that they know (or should well know) has approximately zero chances of passing in FL.

Still informative to post these here though. It helps inform us as to who is who in our government, and remind us that many would love to regulate us to the point where a single shot rifle or shotgun would be all that we could own. Then they would plot to take those away.

[carguychris]

IMHO Tom Servo's reference to virtue signaling is very germane here.

When this is the actual goal, it's often preferable to propose something so extreme or unworkable that it has zero chance of passage; in fact, it's often beneficial for the bill to be so over-the-top that it's quashed in committee without ever being debated publicly. This shields the originator from negative consequences, yet she can allege that her nefarious opponents conspired to bury her so-called "reasonable" attempt to address the issue. Most partisans will never bother to examine the underlying facts behind this claim.

This game has probably been around almost as long as the parliamentary-style legislative process.

[Tom Servo]

Colion Noir put it best:

Gun Control is a political placebo, designed to give the appearance of sympathy, when in their hearts, there's only apathy.