|
A bill to be entitled
1 An act relating to regulation of firearms; creating s. 790.34, F.S.;
creating the Florida Firearms Freedom Act;
providing a short title; providing legislative findings; providing
definitions; providing that specified firearms, firearm accessories,
and ammunition for personal use manufactured in the state are not
subject to federal law or regulation; providing that the importation
into the state of specified parts and the incorporation of such
parts into a firearm, firearm accessory, or ammunition manufactured
in the state does not subject the firearm, firearm accessory, or
ammunition to federal regulation; providing that certain basic
materials are not subject to federal regulation of firearms, firearm
accessories, or ammunition under interstate commerce; providing that
specified firearm accessories imported into the state from another
state do not subject a firearm to federal regulation under
interstate commerce; providing legislative findings with respect
thereto; providing exceptions; providing applicability; requiring
that firearms manufactured and sold in the state must bear an
indicia of manufacture by a specified date; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 790.34, Florida Statutes, is created to read:
790.34 Florida Firearms Freedom Act.--
(1) SHORT TITLE.--This section may be cited as the 30 "Florida
Firearms Freedom Act."
(2)LEGISLATIVE FINDINGS.--
(a) The Tenth Amendment to the United States Constitution guarantees
to the states and their citizens all powers not granted to the
Federal Government elsewhere in the constitution and reserves to the
State of Florida and its citizens certain powers as they were
understood at the time that Florida was admitted to statehood in
1845. The guaranty of those powers is a 38 matter of contract
between the State of Florida and the citizens 39 thereof and the
United States as of the time that the compact 40 with the United
States was agreed upon and adopted by Florida and the United States
in 1845.
(b) The regulation of intrastate commerce by the Ninth Amendment to
the United States Constitution guarantees to the people rights not
granted in the constitution and reserves to the State of Florida and
its citizens certain rights as they were understood at the time that
Florida was admitted to statehood in 1845. The guaranty of those
powers is a matter of contract between the State of Florida and the
citizens thereof and the United States as of the time that the
compact with the United States was agreed upon and adopted by
Florida and the United States in 1845.
(c) The regulation of intrastate commerce is vested in the states
under the Ninth Amendment and the Tenth Amendment to the United
States Constitution, particularly if not expressly preempted by
federal law. Congress has not expressly preempted state regulation
of intrastate commerce pertaining to the intrastate manufacture of
firearms, firearm accessories, and ammunition.
(d) The Second Amendment to the United States Constitution reserves
to the people the right to keep and bear arms as that right was
understood at the time that Florida was admitted to statehood in
1845. The guaranty of that right is a matter of contract between the
State of Florida and its citizens and the United States as of the
time that the compact with the United States was agreed upon and
adopted by Florida and the United States in 1845.
(e) Section 8, Article I of the Florida Constitution clearly secures
to the citizens of Florida, and prohibits government interference
with, the right of individual Florida citizens to keep and bear
arms. This constitutional protection remains unchanged from the
original Florida Constitution, which was approved by Congress and
the people of Florida, and the right exists as it was understood at
the time that the compact with the United States was agreed upon and
adopted by Florida and the United States in 1845.
(3) DEFINITIONS.--As used in this section:
(a) "Basic materials" means raw materials, including, but not
limited to, unmachined steel and unshaped wood, used in the creation
and manufacture of firearms, firearm accessories, or ammunition that
have manufacturing or consumer product applications other than
applications in the manufacture of firearms, firearm accessories, or
ammunition.
(b) "Borders of Florida" means the boundaries of Florida 84 as
described in s. 1, Art. II of the Florida Constitution.
(c) "Firearm accessories" means items that are used in conjunction
with or mounted on a firearm but are not essential to the basic
function of a firearm, including, but not limited to, telescopic or
laser sights, magazines, flash or sound suppressors, folding or
aftermarket stocks and grips, speed-loaders, ammunition carriers,
and lights for target illumination.
(d) "Generic and insignificant parts" includes, but is not limited
to, springs, screws, nuts, and pins that may be used in the
manufacture of firearms, firearm accessories, or ammunition but that
have manufacturing or consumer product applications other than
applications in the manufacture of firearms, firearm accessories, or
ammunition.
(e) "Manufactured" means the creation of a firearm, a firearm
accessory, or ammunition from basic materials for functional
usefulness, including, but not limited to, forging, casting,
machining, or any other processes used to form materials used in the
creation of firearms, firearm accessories, or ammunition.
(4) FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR PERSONAL USE
MANUFACTURED AND REMAINING IN FLORIDA NOT SUBJECT TO FEDERAL LAW OR
REGULATION;
LEGISLATIVE FINDINGS.--
(a)1. It is the finding of the Legislature that a firearm, firearm
accessory, or ammunition for personal use that is manufactured
commercially or privately in Florida from basic materials without
the inclusion of any significant parts imported from another state
and that remains within the borders of Florida is not considered to
have traveled in interstate commerce.
2. A firearm, firearm accessory, or ammunition that:
a. Is for personal use;
b. Is manufactured commercially or privately in Florida from basic
materials without the inclusion of any significant parts imported
from another state;
c. With respect to a firearm, has the words "Made in Florida"
clearly stamped on a central metallic part of the 121 firearm, such
as the receiver or frame; and
d. Remains within the borders of Florida is not subject to federal
law or federal regulation, including registration, under the
authority of Congress to regulate interstate commerce.
(b)1. It is the finding of the Legislature that generic and
insignificant parts that may be used in the manufacture of firearms,
firearm accessories, or ammunition but that have manufacturing or
consumer product applications other than applications in the
manufacture of firearms, firearm accessories, or ammunition are not
considered to be firearms, firearm accessories, or ammunition.
2. The importation into the state of generic and insignificant parts
that may be used in the manufacture of firearms, firearm
accessories, or ammunition but that have manufacturing or consumer
product applications other than 138 applications in the manufacture
of firearms, firearm accessories, or ammunition, and the
incorporation of such parts into a firearm, firearm accessory, or
ammunition manufactured in the state, does not subject the firearm,
firearm accessory, or ammunition to federal regulation.
(c)1. It is the finding of the Legislature that basic materials,
such as unmachined steel and unshaped wood, that may be used in the
manufacture of firearms, firearm accessories, or ammunition but that
have manufacturing or consumer product applications other than
applications in the manufacture of firearms, firearm accessories, or
ammunition are not considered to be firearms, firearm accessories,
or ammunition.
2. Basic materials, such as unmachined steel and unshaped wood, that
may be used in the manufacture of firearms, firearm accessories, or
ammunition but that have manufacturing or consumer product
applications other than applications in the manufacture of firearms,
firearm accessories, or ammunition are not subject to congressional
authority to regulate firearms, firearm accessories, or ammunition
under interstate commerce as if such basic materials were actually
firearms, firearm accessories, or ammunition.
3. The authority of Congress to regulate interstate commerce in
basic materials does not include the authority to regulate firearms,
firearm accessories, and ammunition manufactured in the state from
basic materials and that remain within the state.
(d) Firearm accessories that are imported into the state from
another state and that are subject to federal regulation as being in
interstate commerce do not subject a firearm to federal regulation
under interstate commerce by virtue of being attached 168 to or used
in conjunction with a firearm in Florida.
(5) EXCEPTIONS.--This section does not apply to:
(a) A firearm that cannot be carried and used by one person.
(b) A firearm that has a bore diameter greater than 1 1/2 inches and
that uses smokeless powder, rather than black powder, as a
propellant.
(c) Ammunition with a projectile that explodes using an explosion of
chemical energy after the projectile leaves the firearm.
(d) A firearm that discharges two or more projectiles with one
activation of the trigger or other firing device.
(6) APPLICABILITY.--This section applies to firearms, firearm
accessories, and ammunition described in subparagraph (4) (a)2. that
are manufactured in Florida after October 1, 2010, and remain within
the state.
(7) FIREARMS MANUFACTURED IN FLORIDA; INDICIA OF MANUFACTURE
REQUIRED.--Effective October 1, 2010, a firearm manufactured and
sold in this state must have the indicia "Made in Florida" clearly
stamped on a central metallic part of the firearm, such as the
receiver or frame.
Section 2. This act shall take effect October 1, 2010.
|
