Anti gun FLA bill 363

March 1st, 2012

Anti-gun, Florida Bill 363, is nothing compared to the Kalifornia
style gun ban being promoted by Broward County, Florida! As you may be
aware, the South Florida, tri-counties of Miami-Dade, (home of “Little
Castro”, Mayor Alex Penelas), Broward County, and Palm Beach County, are
acting in unison on gun ban issues – the last issue they collaborated on
was a five day gun purchase waiting period, which has since been enacted in
all three of Florida’s most populous counties. Read the “assault weapons
ban” below, and see what’s coming to a Florida County near you.

Since Miami-Dade County lately got a black eye while processing
their suit against gun manufacturers, it’s now time for Broward County to
move into the gun ban spotlight. Divide and conquer, mix and match; they
are all working for one goal, and being led by the brilliant generals from
Handgun Control Inc. to take your rights! The anti-gunners are very shrewd,
and they have worked out a chess plan for total Kalifornia style gun bans
in Florida. First, a ban on the State level, with HS 363, and then a ban on
the County level, both working together, so even if one fails, the other
will gain from the notoriety and publicity of the other. Look for this to
garner national publicity and snowball into something very big.

Time to get your pro-gun people together to fight, or prepare to
turn in your guns. State preemption on firearms laws is dead in Florida,
thanks to “proposition 12″, and now we know the full extent of how much
damage that seemingly innocuous constitutional revision has caused!

Please forward where appropriate. I recommend you contact all the
gun owners you know and coordinate your efforts at gun clubs, gun ranges,
and gun shows, and not rely on the so called, ‘gun rights’ organizations to
come to Florida gun owners’ aid.

Note that there is a “companion” bill, dated November 19, 1999,
entitled, the “Broward County Firearms Dealers License and Assault Weapons
Security Act”, which demands firearm dealers lock up so called, “assault
weapons” (such as those designated below), out of sight, in a safe, locked
room, or locked area, within their retail sales establishment, after
regular business hours. The so called “assault weapons” must be locked up
so that no one may have access to them without using a combination or key.
The provisions requiring that certain firearms be locked “out of sight”
also includes “gun collector shows, exhibits, and gun shows.”

The title of the bill states, “Assault weapons to be locked,
secured and not visible in closed retail establishments.” After the gun
bans go through, those still selling firearms in Broward County will have
to change their business procedures to satisfy the county. – Walt Dean

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Copied from an original and reformatted to save space – Any typos are the
result of transcription
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November 16, 1999

An act relating to Broward County, prohibiting the sale, offer, loan,
possession or display for sale, transfer or acquisition of any assault
weapons within Broward County, Florida; providing exceptions; providing for
criminal penalties; providing a ballot question; providing for a
referendum; providing an effective date.

Be it enacted by the Legislature of the State of Florida:

Section 1. This act shall be known as the Broward County Assault Weapons
Ban Act.

Section 2. This act shall be effective within the boundaries of Broward
County, Florida.

Section 3. Definitions. As used in Article III of this Act, the following
terms shall have the following meaning:

(a) “Assault weapon” means the following designated semiautomatic firearms:

1. All of the following specified rifles:

a. All AK series including, but not limited to, the models identified as
follows:

(I) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.

(II) Norinco 56, 56S, 84S, and 86S.

(III) Poly Technologies AKS and AK47.

(IV) MAADI AK47 and ARM.

b. UZI and Galil.

c. Beretta AR-70.

d. CETME Sporter.

e. Colt AR-15 series.

f. Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 11 OC.

g. Fabrique Nationale FAL, LAP, FNC, 308 Match, and Sporter.

h. MAS 223.

1. HK-91, HK-93, HK-94, and HK-PSG-1.

j. The following MAC types:

(I) RPB Industries Inc. sMIO and sM11.

(II) SWD Incorporated M11.

k. SKS with detachable magazine.

1. SIG AMT, PE-57, SG 550, and SG 551.

m. Springfield Armory BM59 and SAR-48.

n. Sterling MK-6.

o. Steyer AUG.

p. Valmet M62S, M71S, and M78S.

q. Armalite AR-1 80.

r. Bushmaster Assault Rifle.

s. Calico M-900.

t. J&R ENG M-68.

u. Weaver Arms Nighthawk.

2. All of the following specified pistols:

a. UZI.

b. Encom. MP-9 and MP-45.

c. The following MAC types:

(I) RPB Industries Inc. sM10 and sM11.

(II) SWD Incorporated M-11.

(III) Advance Armament Inc. M-11.

(IV) Military Armament Corp. Ingram M-11

d. Intratec TEC-9.

e. Sites Spectre.

f. Sterling MK-7.

g. Calico M-950.

h. Bushmaster Pistol.

3. All of the following specified shotguns:

a. Franchi SPAS 12 and LAW 12.

b. Striker 12.

c. The Streetsweeper type S/S Inc. SS/ 12.

For purposes of this paragraph, the term “series” includes all other models
that are only variations, with minor differences, of those models listed in
this paragraph, regardless of the manufacturer.

4. Notwithstanding the provision of paragraph (a), “assault weapon” shall
also mean any of the following:

1. A semiautomatic, center fire rifle that has the capacity to accept a
detachable magazine and any one of the following:

a. A pistol grip that protrudes conspicuously beneath the action of the
weapon.

b. A thumbhole stock.

c. A folding or telescoping stock.

d. A grenade launcher or flare launcher.

e. A flash suppressor.

f. A forward pistol grip.

2. A semiautomatic, center fire rifle that has a fixed magazine with the
capacity to accept more than 10 rounds.

3. A semiautomatic, center fire rifle that has an overall length of less
than 30 inches.

4. A semiautomatic pistol that has the capacity to accept a detachable
magazine and any one of the following:

a. A threaded barrel, capable of accepting a flash suppressor, forward
handgrip, or silencer.

b. A second handgrip.

c. A shroud that is attached to, or partially or completely encircles, the
barrel that allows the bearer to fire the weapon without burning his or her
hand, except a slide that encloses the barrel.,

d. The capacity to accept a detachable magazine at some location outside of
the pistol grip.

5. A semiautomatic pistol with a fixed magazine that has the capacity to
accept more than 10 rounds.

6. A semiautomatic shotgun that has both of the following:

a. A folding or telescoping stock.

b. A pistol grip that protrudes conspicuously beneath the action of the
weapon, thumbhole stock, or vertical handgrip.

7. A semiautomatic shotgun that has the ability to accept a detachable
magazine.

8. Any shotgun with a revolving cylinder.

For purposes ofthis subsection, “magazine” shall mean any ammunition
feeding device. For purposes of this subsection, “capacity to accept more
than 10 rounds” shall mean the capability of accommodating more than 10
rounds, but shall not be construed to include a feeding device that has
been permanently altered so that it cannot accommodate more than 10 rounds.

(b) Person shall mean as a provided in section 1.01 of the Florida Statues.

Section 4. Assault weapons – Sale prohibited – Exceptions.

(a) It shall be unlawful for any person within Broward County to sell,
offer or display for sale, give, lend, transfer ownership of, acquire or
possess any assault weapon. This subsection shall not apply to:

(1) the sale or transfer to, or possession by any officer, agent, or
employee of the Sheriff of Broward County or any other municipality or
state or of the United States, members of the armed forces of the United
States; or the organized militia of this or any other state, and law
enforcement officers to the extent that such person is otherwise authorized
to acquire or possess an assault weapon and is acting within the scope of
his or her duties;

(2) manufacture of assault weapons;

(3) transportation of assault weapons if such weapons are broken down and
in a non-functioning state and are not immediately accessible to any person;

(b) Any assault weapon possessed, sold, loaned or transferred in violation
of subsection (a) is hereby declared to be contraband and shall be seized
and disposed of in accordance with sections 932.701 – 932.707 of the
Florida Statues.

(c) Any person found in violation of this act shall be guilty of a felony
of the third degree as provided in sections 775.082 and 775.083, Florida
Statues. Any person found in violation of this act for a third time shall
be guilty of a felony of the second degree as provided in sections 775.082
and 775.083, Florida Statues.

(d) Any person who, prior to the effective date of this act was legally in
possession of an assault weapon prohibited by this act shall have fourteen
(14) days from the effective date of this act to do any of the following
without being subject to the prosecution hereunder:

(1) To remove the assault weapon from within the limits of Broward County

(2) To modify the assault weapon either to render it permanently inoperable
or to permanently make it a device no longer defined as an assault weapon;
or

(3) To surrender the assault weapon to the Sheriff of Broward County or his
designee for disposal as provided below.

Section 5. This act shall be enforced by the Sheriff of Broward County and
all law enforcement officers within Broward County.

Section 6. The Board of County Commissioners of Broward County shall
schedule an election in accordance with provisions of law relating to
elections currently enforced in Broward County for the November 7, 2000,
general election. The subject of such election shall be a referendum
providing for the effectiveness of this act. The procedures proscribed in
sections 1.01.6101 – 101.6107, Florida Statues may not be used.

Section 7. The item that shall appear on the ballot on the date the
election described in the previous section shall be as follows:

(Title) Assault weapons to be prohibited within Broward County

(Issue) It shall be unlawful for any person within Broward County to sell,
offer or display for sale, give, lend, transfer ownership of, acquire, or
possess any assault weapon. Excepted from this prohibition shall be law
enforcement officers, members of the armed forces and militia, and
manufacturers of assault weapons. Violations shall be a felony of the third
degree, third violation to be a second degree felony.

Yes _______

No ______

Section 8. This act, except for this section, which shall take effect upon
becoming a law, shall take effect only if it is approved by a majority vote
of those qualified electors of Broward County voting in a referendum as
provided in sections 6 and 7 of this act, to be held by the Board of County
Commissioners of Broward County on November 7, 2000, the date of general
election of 2000, in accordance with the provisions of law relating to
elections currently enforced in Broward County. In this election,
procedures proscribed in sections 1.01.6101 – 101.6107 Florida Statues may
not be used.

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