Florida Senate - 2010                                      SB 98
       
       
       
       By Senator Baker
       
       
       
       
       20-00091A-10                                            201098__
    1                        A bill to be entitled                      
    2         An act relating to the regulation of firearms;
    3         creating s. 790.34, F.S.; creating the Florida
    4         Firearms Freedom Act; providing a short title;
    5         providing legislative findings; providing definitions;
    6         providing that specified firearms, firearm
    7         accessories, and ammunition for personal use
    8         manufactured in the state are not subject to federal
    9         law or regulation; providing that the importation into
   10         the state of specified parts and the incorporation of
   11         such parts into a firearm, firearm accessory, or
   12         ammunition manufactured in the state does not subject
   13         the firearm, firearm accessory, or ammunition to
   14         federal regulation; providing that certain basic
   15         materials are not subject to federal regulation of
   16         firearms, firearm accessories, or ammunition under
   17         interstate commerce; providing that specified firearm
   18         accessories imported into the state from another state
   19         do not subject a firearm to federal regulation under
   20         interstate commerce; providing legislative findings
   21         with respect thereto; providing exceptions; providing
   22         applicability; requiring that firearms manufactured
   23         and sold in the state bear an indicia of manufacture
   24         by a specified date; providing an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 790.34, Florida Statutes, is created to
   29  read:
   30         790.34 Florida Firearms Freedom Act.—
   31         (1) SHORT TITLE.—This section may be cited as the “Florida
   32  Firearms Freedom Act.”
   33         (2) LEGISLATIVE FINDINGS.—
   34         (a) The Tenth Amendment to the United States Constitution
   35  guarantees to the states and their citizens all powers not
   36  granted to the Federal Government elsewhere in the constitution
   37  and reserves to the State of Florida and its citizens certain
   38  powers as they were understood at the time that Florida was
   39  admitted to statehood in 1845. The guaranty of those powers is a
   40  matter of contract between the State of Florida and the citizens
   41  thereof and the United States as of the time that the compact
   42  with the United States was agreed upon and adopted by Florida
   43  and the United States in 1845.
   44         (b) The Ninth Amendment to the United States Constitution
   45  guarantees to the people rights not enumerated in the
   46  constitution and reserves to the State of Florida and its
   47  citizens certain rights as they were understood at the time that
   48  Florida was admitted to statehood in 1845. The guaranty of those
   49  powers is a matter of contract between the State of Florida and
   50  the citizens thereof and the United States as of the time that
   51  the compact with the United States was agreed upon and adopted
   52  by Florida and the United States in 1845.
   53         (c) The regulation of intrastate commerce is vested in the
   54  states under the Ninth Amendment and the Tenth Amendment to the
   55  United States Constitution, particularly if not expressly
   56  preempted by federal law. Congress has not expressly preempted
   57  state regulation of intrastate commerce pertaining to the
   58  intrastate manufacture of firearms, firearm accessories, and
   59  ammunition.
   60         (d) The Second Amendment to the United States Constitution
   61  reserves to the people the right to keep and bear arms as that
   62  right was understood at the time that Florida was admitted to
   63  statehood in 1845. The guaranty of that right is a matter of
   64  contract between the State of Florida and its citizens and the
   65  United States as of the time that the compact with the United
   66  States was agreed upon and adopted by Florida and the United
   67  States in 1845.
   68         (e) Section 8, Article I of the State Constitution clearly
   69  secures to the citizens of Florida, and prohibits government
   70  interference with, the right of individual Florida citizens to
   71  keep and bear arms. This constitutional protection remains
   72  unchanged from the original Florida Constitution, which was
   73  approved by Congress and the people of Florida, and the right
   74  exists as it was understood at the time that the compact with
   75  the United States was agreed upon and adopted by Florida and the
   76  United States in 1845.
   77         (3) DEFINITIONS.—As used in this section:
   78         (a) “Basic materials” means raw materials, including, but
   79  not limited to, unmachined steel and unshaped wood, used in the
   80  creation and manufacture of firearms, firearm accessories, or
   81  ammunition that have manufacturing or consumer product
   82  applications other than applications in the manufacture of
   83  firearms, firearm accessories, or ammunition.
   84         (b) “Borders of Florida” means the boundaries of Florida as
   85  described in s. 1, Art. II of the State Constitution.
   86         (c) “Firearm accessories” means items that are used in
   87  conjunction with or mounted on a firearm but are not essential
   88  to the basic function of a firearm, including, but not limited
   89  to, telescopic or laser sights, magazines, flash suppressors,
   90  folding or aftermarket stocks and grips, speed-loaders,
   91  ammunition carriers, and lights for target illumination.
   92         (d) “Generic and insignificant parts” includes, but is not
   93  limited to, springs, screws, nuts, and pins that may be used in
   94  the manufacture of firearms, firearm accessories, or ammunition
   95  but that have manufacturing or consumer product applications
   96  other than applications in the manufacture of firearms, firearm
   97  accessories, or ammunition.
   98         (e) “Manufactured” means the creation of a firearm, a
   99  firearm accessory, or ammunition from basic materials for
  100  functional usefulness, including, but not limited to, forging,
  101  casting, machining, or any other processes used to form
  102  materials used in the creation of firearms, firearm accessories,
  103  or ammunition.
  104         (4) FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR
  105  PERSONAL USE MANUFACTURED AND REMAINING IN FLORIDA NOT SUBJECT
  106  TO FEDERAL LAW OR REGULATION; LEGISLATIVE FINDINGS.—
  107         (a)1. It is the finding of the Legislature that a firearm,
  108  firearm accessory, or ammunition for personal use that is
  109  manufactured commercially or privately in Florida from basic
  110  materials without the inclusion of any significant parts
  111  imported from another state and that remains within the borders
  112  of Florida is not considered to have traveled in interstate
  113  commerce.
  114         2. A firearm, firearm accessory, or ammunition that:
  115         a. Is for personal use;
  116         b. Is manufactured commercially or privately in Florida
  117  from basic materials without the inclusion of any significant
  118  parts imported from another state;
  119         c. With respect to a firearm, has the words “Made in
  120  Florida” clearly stamped on a central metallic part of the
  121  firearm, such as the receiver or frame; and
  122         d. Remains within the borders of Florida
  123  
  124  is not subject to federal law or federal regulation, including
  125  registration, under the authority of Congress to regulate
  126  interstate commerce.
  127         (b)1. It is the finding of the Legislature that generic and
  128  insignificant parts that may be used in the manufacture of
  129  firearms, firearm accessories, or ammunition but that have
  130  manufacturing or consumer product applications other than
  131  applications in the manufacture of firearms, firearm
  132  accessories, or ammunition are not considered to be firearms,
  133  firearm accessories, or ammunition.
  134         2. The importation into the state of generic and
  135  insignificant parts that may be used in the manufacture of
  136  firearms, firearm accessories, or ammunition but that have
  137  manufacturing or consumer product applications other than
  138  applications in the manufacture of firearms, firearm
  139  accessories, or ammunition, and the incorporation of such parts
  140  into a firearm, firearm accessory, or ammunition manufactured in
  141  the state, does not subject the firearm, firearm accessory, or
  142  ammunition to federal regulation.
  143         (c)1. It is the finding of the Legislature that basic
  144  materials, such as unmachined steel and unshaped wood, that may
  145  be used in the manufacture of firearms, firearm accessories, or
  146  ammunition but that have manufacturing or consumer product
  147  applications other than applications in the manufacture of
  148  firearms, firearm accessories, or ammunition are not considered
  149  to be firearms, firearm accessories, or ammunition.
  150         2. Basic materials, such as unmachined steel and unshaped
  151  wood, that may be used in the manufacture of firearms, firearm
  152  accessories, or ammunition but that have manufacturing or
  153  consumer product applications other than applications in the
  154  manufacture of firearms, firearm accessories, or ammunition are
  155  not subject to congressional authority to regulate firearms,
  156  firearm accessories, or ammunition under interstate commerce as
  157  if such basic materials were actually firearms, firearm
  158  accessories, or ammunition.
  159         3. The authority of Congress to regulate interstate
  160  commerce in basic materials does not include the authority to
  161  regulate firearms, firearm accessories, and ammunition that are
  162  manufactured in the state from basic materials and that remain
  163  within the state.
  164         (d) Firearm accessories that are imported into the state
  165  from another state and that are subject to federal regulation as
  166  being in interstate commerce do not subject a firearm to federal
  167  regulation under interstate commerce by virtue of being attached
  168  to or used in conjunction with a firearm in Florida.
  169         (5) EXCEPTIONS.—This section does not apply to:
  170         (a) A firearm that cannot be carried and used by one
  171  person.
  172         (b) A firearm that has a bore diameter greater than 1 1/2
  173  inches and that uses smokeless powder, rather than black powder,
  174  as a propellant.
  175         (c) Armor-piercing or exploding ammunition or dragon’s
  176  breath shotgun shells, bolo shells, or flechette shells.
  177         (d) A firearm that discharges two or more cartridges or
  178  shotgun shells with one activation of the trigger or other
  179  firing device.
  180         (6) APPLICABILITY.—This section applies to firearms,
  181  firearm accessories, and ammunition described in subparagraph
  182  (4)(a)2. which are manufactured in Florida after October 1,
  183  2010, and remain within the state.
  184         (7) FIREARMS MANUFACTURED IN FLORIDA; INDICIA OF
  185  MANUFACTURE REQUIRED.—Effective October 1, 2010, a firearm
  186  manufactured and sold in this state must have the indicia “Made
  187  in Florida” clearly stamped on a central metallic part of the
  188  firearm, such as the receiver or frame.
  189         Section 2. This act shall take effect October 1, 2010.