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.