CRC - 2017                                COMMISSIONER AMENDMENT
       Proposal No. CS for P 3
       
       
       
       
       
       
                                Ì682026ÊÎ682026                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/19/2018 06:10 PM       .                                
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       Commissioner Martinez moved the following:
       
       
    1         CRC Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Sections 2 and 8 of Article I of the State Constitution
    6  are amended to read:
    7                              ARTICLE I                            
    8                        DECLARATION OF RIGHTS                      
    9         SECTION 2. Basic rights.—
   10         All natural persons, female and male alike, are equal
   11  before the law and have inalienable rights, among which are the
   12  right to enjoy and defend life and liberty, to pursue happiness,
   13  to be rewarded for industry, and to acquire, possess and protect
   14  property; except that the ownership, inheritance, disposition
   15  and possession of real property by aliens ineligible for
   16  citizenship may be regulated or prohibited by law. No person
   17  shall be deprived of any right because of race, religion,
   18  national origin, or physical disability.
   19         SECTION 8. Right to bear arms.—
   20         (a) The right of the people to keep and bear arms in
   21  defense of themselves and of the lawful authority of the state
   22  shall not be infringed, except that the manner of bearing arms
   23  may be regulated by law.
   24         (b) A purchaser of a firearm must be at least twenty-one
   25  years of age. The sale or transfer of a firearm to a person
   26  younger than twenty-one years of age shall not be made or
   27  facilitated by a licensed importer, licensed manufacturer, or
   28  licensed dealer. The prohibitions of this subsection do not
   29  apply to the purchase of a rifle or shotgun by a law enforcement
   30  officer, a correctional officer, or a servicemember.
   31         (c) There shall be a mandatory waiting period of three
   32  days, excluding weekends and legal holidays, between the
   33  purchase and delivery at retail of any firearm handgun. A
   34  comprehensive background check as prescribed by Florida law
   35  shall occur during this period. The mandatory waiting period
   36  shall be three days, excluding weekends and legal holidays, or
   37  expires upon the completion of the comprehensive background
   38  check, whichever occurs later. The mandatory waiting period
   39  shall not apply in the following circumstances:
   40         (1) The purchase of a firearm by a holder of a license to
   41  carry a concealed weapon or firearm as prescribed by Florida
   42  law.
   43         (2) The trade in of another firearm.
   44         (3) The purchase of a rifle or shotgun by a person who has
   45  successfully completed a hunter safety course as prescribed by
   46  Florida law.
   47         (4) The purchase of a rifle or shotgun by a law enforcement
   48  officer, a correctional officer, or a servicemember.
   49         (d) No person shall import into this state or transfer,
   50  distribute, sell, keep for sale, offer for sale, possess, or
   51  give to another person a bump-fire stock.
   52         (e) For the purposes of this section, the term “purchase”
   53  means the transfer of money or other valuable consideration to
   54  the retailer, and the term "bump-fire stock" means a conversion
   55  kit, a tool, an accessory, or a device used to alter the rate of
   56  a firearm to mimic automatic weapon fire or which is used to
   57  increase the rate of fire to a faster rate than is possible for
   58  a person to fire a semiautomatic firearm unassisted by a kit, a
   59  tool, an accessory, or a device. “handgun” means a firearm
   60  capable of being carried and used by one hand, such as a pistol
   61  or revolver. Holders of a concealed weapon permit as prescribed
   62  in Florida law shall not be subject to the provisions of this
   63  paragraph.
   64         (f) (c) The legislature shall enact legislation
   65  implementing subsections subsection (b), (c), and (d) of this
   66  section, effective no later than December 31, 2019 1991, which
   67  shall provide that anyone violating the provisions of
   68  subsections subsection (b), (c), or (d) shall be guilty of a
   69  felony.
   70         (d) This restriction shall not apply to a trade in of
   71  another handgun.
   72  
   73  ================= T I T L E  A M E N D M E N T ================
   74  And the title is amended as follows:
   75         Delete everything before the enacting clause
   76  and insert:
   77                         A proposal to amend                       
   78         Sections 2 and 8 of Article I of the State
   79         Constitution to remove a provision authorizing laws
   80         that regulate or prohibit the ownership, inheritance,
   81         disposition, and possession of real property by aliens
   82         ineligible for citizenship, to limit the age to
   83         purchase a firearm to at least twenty-one years of
   84         age, to require three days between the purchase and
   85         delivery of a firearm, to require a comprehensive
   86         background check during the period between the
   87         purchase and delivery of a firearm as prescribed by
   88         law, and to prohibit specified acts relating to the
   89         sale and possession of a bump-fire stock.