The Second Amendment Under Attack – “ASSAULT WEAPON BAN” Legislation pending in Florida House and Senate

By: David S. Katz

Firearm owners and gun rights advocates in Florida now have two “Assault Weapons Ban” bills to worry about.   House Bill 455 and an almost identical bill in the Senate, Senate Bill 466.

Below is a very short and condensed analysis of the proposed infringements on Floridians Second Amendment rights under the pending bills.

These bills define “Assault weapon” to mean any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms: all AR series, all AK series and a long list of other firearms, firearms parts and accessories.  To view the complete list go to:

HB 455

The Bill goes on to prohibit the distribution, transportation, or importation into the Florida of any Assault Weapon or large capacity magazine and creates a felony for anyone who, sells, keeps for sale, or offers or exposes for sale, or who gives any assault weapon or large-capacity ammunition magazine, to anyone but law enforcement or the military.

Further, anyone who lawfully possess any “assault weapon” or large capacity magazine prior to October 1, 2019, may continue to possess said weapon, but are required to apply for a Certificate of Possession by October 1, 2020.

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 Florida department of Law Enforcement may deem appropriate.

If a certificate of possession is denied the owner of the assault weapon will have 10 days to transfer said weapon to a licensed gun dealer for sale outside the state of Florida.

The bill also contains enhanced criminal punishment for crimes that occur while in the possession of an assault weapon or high capacity magazine.

The Complete House version of the Bill can be found at:

HB 455

The Complete Senate Version of the Bill can be found at:

HB 466

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida.   There, he gained invaluable experience analyzing how...
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