A new legislative session means law-abiding gun owners in Florida need to be on guard for the latest assault on the Second Amendment at both the state and federal levels. Although there were many proposals last year, no new firearms laws were passed in Florida. That has not discouraged our elected state level representatives from trying again this year. There are already bills filed in the Florida legislature that could affect your gun and self-defense rights—many of them, unfortunately, for the worse. Here is a preview of some bills that have been filed and raised (so far) that are noteworthy. Keep in mind, all the bills and resolutions listed below are currently proposals and not law. There is still quite a way to go. We predict the bills filed thus far will be joined by many others this legislative session. Although this article will touch upon many of the laws pending before the Florida legislature, it is by no means all-inclusive.
2021 State Proposals
- Senate Bill 294: Safe Storage of Loaded Firearms. This bill edits the law found in Florida Statute §790.174. The amended law would require anyone possessing a loaded firearm on a premise, likely to be accessed by a minor younger than 16 years of age, to keep the firearm in a securely locked box or container or secure it with a trigger lock or cable. The amendment removes the exclusion which allows a person carrying the firearm on his or her body, or within such proximity to themselves, that they could retrieve and use it as easily and quickly as if they were carrying it. This means that in your own home, you would be prohibited from carrying a firearm on your person or keeping it in your night table for the protection of your family if minors under 16 years of age were present in the home.
Further, the amendment makes the failure to store your firearm as described above a crime, even if a minor does not gain access to the firearm. There is also no longer a requirement that in order for criminal liability to attach, a minor must gain access to the firearm and possess or exhibit it without the supervision required by law in a public place, or in a rude careless, angry, or threatening manner.
Finally, criminal liability attaches EVEN if the minor obtains the firearm through illegal entry into your home or onto your premises.
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- Senate Bill 330: Sale & Delivery of Firearms. This bill essentially eliminates the ability of private parties to sell firearms directly to each other. The bill requires that all sales and purchases of firearms be conducted through a federally licensed firearm dealer (FFL) and that a background check be conducted prior to the sale being completed.
- Senate Bill 370: Assault Weapons and Large Capacity Magazines. This bill makes the sale of what it defined as “Assault Weapons” and any magazine which can hold over 10 rounds illegal in Florida. Further, it makes the mere possession of such items a crime, unless they were previously owned prior to October 1, 2021, and the person who possesses such item is eligible to apply for a Certificate of Possession prior to July 1, 2022, and applies for a Certificate of Possession by October 1, 2022.
- Senate Bill 372: Three-dimensional Printed Firearms. This bill outlaws the making, transfer, and/or possession of any 3D-printed firearm made using certain listed materials, that does not contain at least 4 ounces of metal to make it detectable by metal detectors at security check points.
- House Bill 25: Sales of Ammunition. Amends Florida Statute §790.065 to require background checks for the purchase or transfer of ammunition, with some exceptions.
- House Bill 123: Carrying of Firearms Without Licenses. This bill removes the requirement that a license is required to carry a concealed firearm in this state. It also creates a reciprocity license for use in states outside of Florida that have reciprocity agreements with Florida.
There are other bills pending in both the Florida House of Representatives and the Florida Senate. We urge you to take the time to learn about these pending laws and contact your Representatives and Senators and let them know how you feel about these bills.
Federal Proposals on the Horizon
Last session, the 116th U.S. Congress proposed assault weapons bans, red flag orders, mandatory reporting of NICS denials to law enforcement, and countless other anti-2A legislation. All of these individual proposals were awful, but none were worse than the omnibus HR 5717 (Gun Violence Prevention and Community Safety Act of 2020), which would have incorporated the worst provisions of each of these proposals. If you want a preview of what anti-gun bills filed during the 117th Congress could look like, pay attention to HR 5717. The 117th Congress was sworn in on January 3, 2021, and their term ends on January 3, 2023. To learn about how federal law is made, check out The Legislative Process by the United States House of Representatives, and stay tuned. We are keeping a close watch for bills and resolutions that would affect Second Amendment rights.
For more information about 2021 legislation that could impact your rights as a law-abiding gun owner, contact U.S. LawShield and ask to speak to your Independent Program Attorney.
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BECOME A MEMBERThe information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
What can we do (as legal gun owners) to prevent the state from encroaching even more onto our rights? Enough is enough!
We can stand up too the government. We have to remember they work for us not the other way around.
Vote out all democrats from all state,local and federal elections. Start by taking back senate and house in 2022
Wow.. this is insane.. they want to take away our second amendment rights.. no way..
Ban sales and register?! Nope!
There has to be a way for ALL concerned citizens to get information showing how to contact the lawmakers in both the House and Senet and let them know that we will do all in our power, legally, to stop their destruction of our documented constitutional rights. They are not our keepers! They are to affirm and abide by our wishes, not their own! IMHO
ONLY THE BAD PEOPLE WILL HAVE GUNS. THEY ALWAYS CAN FIND THEM. THE AMERICA PEOPLE WILL GET YOUR THROATS CUT. THEY ALWAYS WILL USE ANOTHER DEVICE. WHY IS THE CRIMINAL THAT HAD A GUN IN A CRIME ALWAYS NOT GET A HIGHER CHARGE AND NOT WAY OUT OF PRISON.THE LAWS PROTECT THE BAD GUYS.
It’s absolutely insane to say you cant carry a gun in your own home if you have kids under 16.
Can US LAW SHIELD perhaps consider posting contact info for legislatures so responsible law abiding gun owners can start sending letters…making calls, etc. Are there any groups that are presently involved in this effort. We need to be informed and have our voices heard in the proper manner. Thank you
Go on the Florida State website, find your State Senator and State Legislator, then write, email, AND call them about your concerns. All the screaming and yelling, along with posts on social sites, will do little to nothing.
Ban together guys. Clouthub is a free speech social media with groups. Taking our gun rights is not acceptable just as much as suffocating the public and pushing experimental vaccines.
Be a member of gun owners of america, They have lawyers that defend our rights they also write letters so we can forward to our senators. You can always add comments to those letters.
My gun right is an inalienable right granted by God. Unfortunately, my right to defend and protect myself and family, right to hunt to provide for my family and I, was swiftly taken away from me. Sure, I got into some trouble when I was 18 years old. Had no idea I was even committing a felony. I did know that what I was doing was a “crime” or at the very most, mischievous. I had no idea that I would have to be haunted by such harsh consequences for the rest of my life. Charged with 4 counts of burglary, adjudication withheld. What we were really doing was pulling the handles on cars as we walked by so the dome lights would come on. Suddenly I would be ushered into the rest of my adulthood, labeled a Felon, checking the box on job applications titled ” ever been charged with a felony “, and surrender my ability to defend myself.
Where in the constitution does it say shall not be infringed “unless labeled a slave aka convicted felon”
All the new bills are implemented by the bitme administration so they do not pertain to me I follow the laws of the constitution, I could care less what that guy says.
house bill123 is the only one any one should be passed all the others are as bad as it gets.
It got shut down a month ago
Bill 294 died 4/30/21
Bill 123 is great to have and support and even if we see this bill pass it would be the best to still
carry a Conceal and Carry License / Permit to have for travel from State to State, just to be safe.
We have to keep up to date with the laws and rules.
We all worry about our Constitutional Rights and that has been around since 1776 and many people
lived and died for our freedoms / Rights. We need to be concerned about the hate, bitterness, false pride, and
lies being spoken out that destroys our lands and freedoms we all have.
Many government agencies, leaders such as Washington DC, and all the high class educations there are in this country can not save anyone and bad leaders destructive lies can kill, even the weeds. The USA and the people who
live and support or God Given Rights, we need good leadership with a heart.
I hardly support the House bill 123.
Control firearms from good people is not good at all.