Florida AWB Bill 2019 -Highlights

IANAL Warning, but we know how slimy politicians can be and we are trained for that. I did a glance and basic reading of it. There is a lot of crap we already seen in other bills and I don’t want to repeat. One quickie is that if you decorate .22LR rifles a certain way, they can be considered Assault Weapons.

In order of appearance:

A part or combination of parts that convert a firearm
into an assault weapon or any combination of parts from which an
assault weapon may be assembled if those parts are in the
possession or under the control of the same person.

Lower Kits, Upper Kits verboten. You don’t need to have a finished firearm, just the “pieces.”

On semi auto pistols:

The capacity to accept an ammunition magazine that
attaches to the pistol at any location outside of the pistol
grip;

I guess they still have a hard on for the TEC 9. They need to quit that wet dream.

 

(IV) A manufactured weight of 50 ounces or more when the
pistol is unloaded;
(V) A semiautomatic version of an automatic firearm;
(VI) Any feature capable of functioning as a protruding
grip that can be held by the non-trigger hand;
(VII) A folding, telescoping, or thumbhole stock

This is “We hate pistol ARs, Dracos and anything in the same vein.”

 

c. A semiautomatic shotgun that has one or more of the
following:
(I) A folding or telescoping stock;
(II) A pistol grip, a thumbhole stock or Thordsen-type
grip or stock, or any other characteristic that can function as
a grip;
(III) A thumbhole stock;
(IV) A fixed magazine capacity in excess of 5 rounds;
(V) An ability to accept a detachable magazine; or

“We hate Benellis too!”

 

(b) Any person who transfers, sells, or gives any assault
weapon or large-capacity ammunition magazine to a person under
18 years of age in violation of this section commits a felony of
the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, with a mandatory minimum term of
imprisonment of 6 years.

“Hey Junior, hold this mag for me… crap, I am now a felon.”

(3) POSSESSION.— 230
(a) Except as provided in subsection (5), any person who,
within this state, possesses any assault weapon or large-
capacity ammunition magazine, except as provided in this section
or as otherwise authorized by law, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, with a mandatory minimum term of imprisonment of 1
year.

Followed by the “You can kiss my ass” Assault Weapon registration :

(4) CERTIFICATE OF POSSESSION.—
(a) Any person who lawfully possesses an assault weapon or
large-capacity ammunition magazine prior to October 1, 2019,
shall apply by October 1, 2020, or, if such person is a member
of the military or naval forces of this state or of the United
States and is unable to apply by October 1, 2020, because he or
she is or was on official duty outside of this state, shall
apply within 90 days of returning to the state to the Department
of Law Enforcement, for a certificate of possession with respect
to such assault weapon or large-capacity ammunition magazine.

The certificate shall contain a description of the assault
weapon or large-capacity ammunition magazine that identifies it
uniquely, including all identification marks; the full name,
address, date of birth, and thumbprint of the owner; and any
other information as the department may deem appropriate. The
department shall adopt regulations no later than January 1,
2020, to establish procedures with respect to the application
for, and issuance of, certificates of possession pursuant to
this section. The thumbprint of the applicant shall be taken by
a law enforcement agency or the Department of Law Enforcement
together with any personal identifying information required by
federal law to process fingerprints.

Yeah, those states where this has been put into law ha worked so well, right? 90% or more non-compliance? You will be subjected to a Background Investigation. I find that an interesting choice of words: Not a background check but a background investigation.  What does that entail? Voting record? Social media presence? You own a MAGA hat and that disqualifies you? Very vague and very worrisome. That leads me to the following:

(e) If an applicant for a certificate of possession under
this subsection fails to qualify for such a certificate after
the investigation required under this subsection, the applicant
shall arrange to relinquish all assault weapon or large-capacity
ammunition magazines in his or her possession as provided in
subsection (7) within 10 days of issuance of the notice of such
failure.

“Mr. and Mrs. Florida, turn them all in!”

This is just absurd: If you are caught with enough drugs to make it a charge of felony possession and you happen to have nearby an empty high cap mag, you just earned a mandatory 15 prison sentence.

and during the commission of the offense, such person possessed
a semiautomatic firearm and its high-capacity detachable box
magazine, an assault weapon or large-capacity magazine as
defined in s. 790.301, or a machine gun as defined in s.
790.001, shall be sentenced to a minimum term of imprisonment of
15 years.

And the grand finale.

If any provision of this act or its application
to any person or circumstance is held invalid, the invalidity
does not affect other provisions or applications of the act
which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

This is to tell courts that if they find something unconstitutional in the law (already admitting they are being unconstitutional) they can only use a very narrow red pen to delete the offending part and must leave the rest intact.  Basically, if this bill becomes law, it forces to have the defendants to attack every chapter and subsection against a state with all the money to waste in court.

Goes without saying that this and all Gun Control bills need to be killed forcefully. You know your Reps and Senators, but I really want you guys to dedicate yourselves to make interestingly busy the life of RINO Bill Galvano who is the Senate’s president and has a price tag attached to his ass that says “Fully Paid by Michael Bloomberg.”

The gloves are off.

8 Replies to “Florida AWB Bill 2019 -Highlights”

  1. The capacity to accept an ammunition magazine that
    attaches to the pistol at any location outside of the pistol
    grip;

    I guess they still have a hard on for the TEC 9. They need to quit that wet dream.

    No, not Tec 9, it’s broom handle Mausers. Ever since they saw Han Solo use one in Star Wars, they think that they’re really death ray guns. ( end sarcasm )

    The thing about saying “no one follows these laws anywhere else in the country” is that, to quote Michael Bane, “laws aren’t enforced until they suddenly are”. Either enforced on one or enforced on all.

    There are multiple ways they get you. First, simple things like you’re driving to the range or someplace and get pulled over for something like a bad tail light. Cop sees a magazine and it’s instant felon time. Those things suddenly become safe queens that never see the light of day again.

    Second, prosecutors love to stack more charges. If they get you and add a felony for every magazine you have, it makes a successful plea bargain more likely. You’re charged with 30 felonies giving multiple life in prison terms, but they offer you to plead down to one or two and much less prison time. You’ll never own a gun again, and they get the conviction to add to their resume.

    The last is the more expected, suddenly there are campaigns to round up the guns of people not obeying – or rounding up the people themselves, not so much the guns.

    There’s rumor going around that New York state funded a separate group of state police investigators reporting to Governor Cuomo. If the stories are true, expect to hear of a lot of gun owners being killed. Source And open war going on.

  2. They are certifiably insane. This is not what laws are for. To craft a law specifically to create a new class of criminals is insanity. Please, Florida, do not let this travesty come to pass.

  3. Fosdick, you’re giving them way too much slack. They aren’t insane — they are sanely evil. And they are felons — perjurers, every one of them.
    I suppose “(VI) Any feature capable of functioning as a protruding grip” could include a gun light, or a laser sight, attached to a lower rail?
    The quoted text doesn’t make it clear if that “certificate of possession” is “may issue” or “shall issue”. Given the authorship, one assumes it is “may issue” (or actually “will not issue”). Is there a time limit on the issuance of the certificate? What does it say about your right to retain the item in question while the application is pending, if it remains pending for 5 years?

    1. And 1911s. There are full auto conversions of full auto 1911s made before the NFA was adopted. Some of these are registered, and thus they are legal full auto 1911s. As always IANAL, but I’d hate to be in court because my 1911 clone was considered a semi-automatic version of an automatic firearm. With enough knowledge, skill, and equipment, any semi-automatic firearm can be converted to full auto. Thus “No Semi-Autos for You.”

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