May 24, 2019
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       Florida Senate - 2010                                     SB 134
       
       
       
       By Senator Bullard
       
       
       
       
       39-00178-10                                            2010134__
    1                        A bill to be entitled                      
    2         An act relating to culpable negligence; providing a
    3         short title; amending s. 784.05, F.S.; providing that
    4         a person commits a felony of the third degree if he or
    5         she stores or leaves an assault weapon within the
    6         reach or easy access of another person if that person
    7         obtains the weapon and uses it to inflict injury or
    8         death; providing criminal penalties; providing
    9         exceptions; defining the term “assault weapon”;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. This act may be cited as the “Officer Jose
   15  Somohano Assault Weapons Act.”
   16         Section 2. Section 784.05, Florida Statutes, is amended to
   17  read:
   18         784.05 Culpable negligence.—
   19         (1) Whoever, through culpable negligence, exposes another
   20  person to personal injury commits a misdemeanor of the second
   21  degree, punishable as provided in s. 775.082 or s. 775.083.
   22         (2) Whoever, through culpable negligence, inflicts actual
   23  personal injury on another commits a misdemeanor of the first
   24  degree, punishable as provided in s. 775.082 or s. 775.083.
   25         (3) Whoever violates subsection (1) by storing or leaving a
   26  loaded firearm within the reach or easy access of a minor
   27  commits, if the minor obtains the firearm and uses it to inflict
   28  injury or death upon himself or herself or any other person, a
   29  felony of the third degree, punishable as provided in s.
   30  775.082, s. 775.083, or s. 775.084. However, this subsection
   31  does not apply:
   32         (a) If the firearm was stored or left in a securely locked
   33  box or container or in a location which a reasonable person
   34  would have believed to be secure, or was securely locked with a
   35  trigger lock;
   36         (b) If the minor obtains the firearm as a result of an
   37  unlawful entry by any person;
   38         (c) To injuries resulting from target or sport shooting
   39  accidents or hunting accidents; or
   40         (d) To members of the Armed Forces, National Guard, or
   41  State Militia, or to police or other law enforcement officers,
   42  with respect to firearm possession by a minor which occurs
   43  during or incidental to the performance of their official
   44  duties.
   45  
   46  When any minor child is accidentally shot by another family
   47  member, an no arrest may not shall be made pursuant to this
   48  subsection prior to 7 days after the date of the shooting. With
   49  respect to any parent or guardian of any deceased minor, the
   50  investigating officers shall file all findings and evidence with
   51  the state attorney’s office with respect to violations of this
   52  subsection. The state attorney shall evaluate the such evidence
   53  and shall take such action as he or she deems appropriate under
   54  the circumstances and may file an information against the
   55  appropriate parties.
   56         (4) As used in this section act, the term “minor” means any
   57  person under the age of 16.
   58         (5)(a)Whoever violates subsection (1) by storing or
   59  leaving an assault weapon within the reach or easy access of
   60  another person commits a felony of the third degree, punishable
   61  as provided in s. 775.082, s. 775.083, or s. 775.084, if the
   62  person obtains the assault weapon and uses it to inflict injury
   63  or death upon himself or herself or any other person. However,
   64  this subsection does not apply:
   65         1.If the assault weapon was stored or left in a securely
   66  locked box or container or in a location that a reasonable
   67  person would have believed to be secure, or was securely locked
   68  with a trigger lock;
   69         2.If the assault weapon was stolen and the owner reported
   70  the theft of the assault weapon to law enforcement authorities
   71  within 24 hours after the owner’s knowledge of the theft;
   72         3.To injuries resulting from target or sport shooting
   73  accidents or hunting accidents; or
   74         4.To members of the Armed Forces, National Guard, or State
   75  Militia, or to police or other law enforcement officers, with
   76  respect to the possession of an assault firearm which occurs
   77  during or incidental to the performance of their official
   78  duties.
   79         (b)1.For purposes of this subsection, the term “assault
   80  weapon” means:
   81         a.A semiautomatic rifle that has an ability to accept a
   82  detachable magazine and has at least two of the following
   83  characteristics:
   84         (I)A folding or telescoping stock;
   85         (II)A pistol grip that protrudes conspicuously beneath the
   86  action of the weapon;
   87         (III)A bayonet mount;
   88         (IV)A flash suppressor or threaded barrel designed to
   89  accommodate a flash suppressor; or
   90         (V)A grenade launcher;
   91         b.A semiautomatic shotgun that has at least two of the
   92  following characteristics:
   93         (I)A folding or telescoping stock;
   94         (II)A pistol grip that protrudes conspicuously beneath the
   95  action of the weapon;
   96         (III)A fixed magazine capacity in excess of five rounds;
   97  or
   98         (IV)An ability to accept a detachable magazine;
   99         c.A semiautomatic pistol that has an ability to accept a
  100  detachable magazine and has at least two of the following
  101  characteristics:
  102         (I)An ammunition magazine that attaches to the pistol
  103  outside of the pistol grip;
  104         (II)A threaded barrel capable of accepting a barrel
  105  extender, flash suppressor, forward handgrip, or silencer;
  106         (III)A shroud that is attached to, or partially or
  107  completely encircles, the barrel and that permits the shooter to
  108  hold the firearm with the nontrigger hand without being burned;
  109         (IV)A manufactured weight of 50 ounces or more when the
  110  pistol is unloaded; or
  111         (V)A semiautomatic version of an automatic rifle, shotgun,
  112  or firearm; or
  113         d.Any of the weapons, or functioning frames or receivers
  114  of such weapons, or copies or duplicates of such weapons, in any
  115  caliber, known as:
  116         (I)Norinco, Mitchell, and Poly Technologies Avtomat
  117  Kalashnikovs, all models;
  118         (II)Action Arms Israeli Military Industries UZI and Galil;
  119         (III)Beretta Ar70 (SC-70);
  120         (IV)Colt AR-15;
  121         (V)Fabrique National FN/FAL, FN/LAR, and FNC;
  122         (VI)SWD M-10, M-11, M-11/9, and M-12;
  123         (VII)Steyr AUG;
  124         (VIII)INTRATEC TEC-9, TEC-DC9, and TEC-22; or
  125         (IX)Revolving cylinder shotguns, such as, or similar to,
  126  the Street Sweeper and Striker 12.
  127         2.The term does not include any rifle, shotgun, or pistol
  128  that:
  129         a.Is manually operated by bolt, pump, lever, or slide
  130  action;
  131         b.Has been rendered permanently inoperable;
  132         c.Is an antique firearm as defined in 18 U.S.C. s.
  133  921(a)(16);
  134         d.Is a semiautomatic rifle that cannot accept a detachable
  135  magazine that holds more than five rounds of ammunition;
  136         e.Is a semiautomatic shotgun that cannot hold more than
  137  five rounds of ammunition in a fixed or detachable magazine;
  138         f.Is a rifle, shotgun, or pistol, or a replica or a
  139  duplicate thereof, specified in Appendix A to 18 U.S.C. s. 922
  140  as such weapon was manufactured on October 1, 1993. The mere
  141  fact that a weapon is not listed in Appendix A does not mean
  142  that such weapon is an assault weapon; or
  143         g.Is a semiautomatic rifle, a semiautomatic shotgun, or a
  144  semiautomatic pistol or any of the weapons defined in sub
  145  subparagraph 1.d. lawfully possessed prior to September 14,
  146  1994.
  147         Section 3. This act shall take effect July 1, 2010.

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