October 22, 2020
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_h0021__
HB 21

1
A bill to be entitled
2An act relating to regulation of firearms; creating s.
3790.34, F.S.; creating the Florida Firearms Freedom Act;
4providing a short title; providing legislative findings;
5providing definitions; providing that specified firearms,
6firearm accessories, and ammunition for personal use
7manufactured in the state are not subject to federal law
8or regulation; providing that the importation into the
9state of specified parts and the incorporation of such
10parts into a firearm, firearm accessory, or ammunition
11manufactured in the state does not subject the firearm,
12firearm accessory, or ammunition to federal regulation;
13providing that certain basic materials are not subject to
14federal regulation of firearms, firearm accessories, or
15ammunition under interstate commerce; providing that
16specified firearm accessories imported into the state from
17another state do not subject a firearm to federal
18regulation under interstate commerce; providing
19legislative findings with respect thereto; providing
20exceptions; providing applicability; requiring that
21firearms manufactured and sold in the state must bear an
22indicia of manufacture by a specified date; providing an
23effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 790.34, Florida Statutes, is created to
28read:
29     790.34  Florida Firearms Freedom Act.--
30     (1)  SHORT TITLE.--This section may be cited as the
31"Florida Firearms Freedom Act."
32     (2)  LEGISLATIVE FINDINGS.--
33     (a)  The Tenth Amendment to the United States Constitution
34guarantees to the states and their citizens all powers not
35granted to the Federal Government elsewhere in the constitution
36and reserves to the State of Florida and its citizens certain
37powers as they were understood at the time that Florida was
38admitted to statehood in 1845. The guaranty of those powers is a
39matter of contract between the State of Florida and the citizens
40thereof and the United States as of the time that the compact
41with the United States was agreed upon and adopted by Florida
42and the United States in 1845.
43     (b)  The regulation of intrastate commerce by the Ninth
44Amendment to the United States Constitution guarantees to the
45people rights not granted in the constitution and reserves to
46the State of Florida and its citizens certain rights as they
47were understood at the time that Florida was admitted to
48statehood in 1845. The guaranty of those powers is a matter of
49contract between the State of Florida and the citizens thereof
50and the United States as of the time that the compact with the
51United States was agreed upon and adopted by Florida and the
52United States in 1845.
53     (c)  The regulation of intrastate commerce is vested in the
54states under the Ninth Amendment and the Tenth Amendment to the
55United States Constitution, particularly if not expressly
56preempted by federal law. Congress has not expressly preempted
57state regulation of intrastate commerce pertaining to the
58intrastate manufacture of firearms, firearm accessories, and
59ammunition.
60     (d)  The Second Amendment to the United States Constitution
61reserves to the people the right to keep and bear arms as that
62right was understood at the time that Florida was admitted to
63statehood in 1845. The guaranty of that right is a matter of
64contract between the State of Florida and its citizens and the
65United States as of the time that the compact with the United
66States was agreed upon and adopted by Florida and the United
67States in 1845.
68     (e)  Section 8, Article I of the Florida Constitution
69clearly secures to the citizens of Florida, and prohibits
70government interference with, the right of individual Florida
71citizens to keep and bear arms. This constitutional protection
72remains unchanged from the original Florida Constitution, which
73was approved by Congress and the people of Florida, and the
74right exists as it was understood at the time that the compact
75with the United States was agreed upon and adopted by Florida
76and the United States in 1845.
77     (3)  DEFINITIONS.--As used in this section:
78     (a)  "Basic materials" means raw materials, including, but
79not limited to, unmachined steel and unshaped wood, used in the
80creation and manufacture of firearms, firearm accessories, or
81ammunition that have manufacturing or consumer product
82applications other than applications in the manufacture of
83firearms, firearm accessories, or ammunition.
84     (b)  "Borders of Florida" means the boundaries of Florida
85as described in s. 1, Art. II of the Florida Constitution.
86     (c)  "Firearm accessories" means items that are used in
87conjunction with or mounted on a firearm but are not essential
88to the basic function of a firearm, including, but not limited
89to, telescopic or laser sights, magazines, flash or sound
90suppressors, folding or aftermarket stocks and grips, speed-
91loaders, ammunition carriers, and lights for target
92illumination.
93     (d)  "Generic and insignificant parts" includes, but is not
94limited to, springs, screws, nuts, and pins that may be used in
95the manufacture of firearms, firearm accessories, or ammunition
96but that have manufacturing or consumer product applications
97other than applications in the manufacture of firearms, firearm
98accessories, or ammunition.
99     (e)  "Manufactured" means the creation of a firearm, a
100firearm accessory, or ammunition from basic materials for
101functional usefulness, including, but not limited to, forging,
102casting, machining, or any other processes used to form
103materials used in the creation of firearms, firearm accessories,
104or ammunition.
105     (4)  FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR
106PERSONAL USE MANUFACTURED AND REMAINING IN FLORIDA NOT SUBJECT
107TO FEDERAL LAW OR REGULATION; LEGISLATIVE FINDINGS.--
108     (a)1.  It is the finding of the Legislature that a firearm,
109firearm accessory, or ammunition for personal use that is
110manufactured commercially or privately in Florida from basic
111materials without the inclusion of any significant parts
112imported from another state and that remains within the borders
113of Florida is not considered to have traveled in interstate
114commerce.
115     2.  A firearm, firearm accessory, or ammunition that:
116     a.  Is for personal use;
117     b.  Is manufactured commercially or privately in Florida
118from basic materials without the inclusion of any significant
119parts imported from another state;
120     c.  With respect to a firearm, has the words "Made in
121Florida" clearly stamped on a central metallic part of the
122firearm, such as the receiver or frame; and
123     d.  Remains within the borders of Florida
124
125is not subject to federal law or federal regulation, including
126registration, under the authority of Congress to regulate
127interstate commerce.
128     (b)1.  It is the finding of the Legislature that generic
129and insignificant parts that may be used in the manufacture of
130firearms, firearm accessories, or ammunition but that have
131manufacturing or consumer product applications other than
132applications in the manufacture of firearms, firearm
133accessories, or ammunition are not considered to be firearms,
134firearm accessories, or ammunition.
135     2.  The importation into the state of generic and
136insignificant parts that may be used in the manufacture of
137firearms, firearm accessories, or ammunition but that have
138manufacturing or consumer product applications other than
139applications in the manufacture of firearms, firearm
140accessories, or ammunition, and the incorporation of such parts
141into a firearm, firearm accessory, or ammunition manufactured in
142the state, does not subject the firearm, firearm accessory, or
143ammunition to federal regulation.
144     (c)1.  It is the finding of the Legislature that basic
145materials, such as unmachined steel and unshaped wood, that may
146be used in the manufacture of firearms, firearm accessories, or
147ammunition but that have manufacturing or consumer product
148applications other than applications in the manufacture of
149firearms, firearm accessories, or ammunition are not considered
150to be firearms, firearm accessories, or ammunition.
151     2.  Basic materials, such as unmachined steel and unshaped
152wood, that may be used in the manufacture of firearms, firearm
153accessories, or ammunition but that have manufacturing or
154consumer product applications other than applications in the
155manufacture of firearms, firearm accessories, or ammunition are
156not subject to congressional authority to regulate firearms,
157firearm accessories, or ammunition under interstate commerce as
158if such basic materials were actually firearms, firearm
159accessories, or ammunition.
160     3.  The authority of Congress to regulate interstate
161commerce in basic materials does not include the authority to
162regulate firearms, firearm accessories, and ammunition
163manufactured in the state from basic materials and that remain
164within the state.
165     (d)  Firearm accessories that are imported into the state
166from another state and that are subject to federal regulation as
167being in interstate commerce do not subject a firearm to federal
168regulation under interstate commerce by virtue of being attached
169to or used in conjunction with a firearm in Florida.
170     (5)  EXCEPTIONS.--This section does not apply to:
171     (a)  A firearm that cannot be carried and used by one
172person.
173     (b)  A firearm that has a bore diameter greater than 1 1/2
174inches and that uses smokeless powder, rather than black powder,
175as a propellant.
176     (c)  Ammunition with a projectile that explodes using an
177explosion of chemical energy after the projectile leaves the
178firearm.
179     (d)  A firearm that discharges two or more projectiles with
180one activation of the trigger or other firing device.
181     (6)  APPLICABILITY.--This section applies to firearms,
182firearm accessories, and ammunition described in subparagraph
183(4)(a)2. that are manufactured in Florida after October 1, 2010,
184and remain within the state.
185     (7)  FIREARMS MANUFACTURED IN FLORIDA; INDICIA OF
186MANUFACTURE REQUIRED.--Effective October 1, 2010, a firearm
187manufactured and sold in this state must have the indicia "Made
188in Florida" clearly stamped on a central metallic part of the
189firearm, such as the receiver or frame.
190     Section 2.  This act shall take effect October 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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