Florida House ‘assault weapons’ ban bill filed, Senate companion coming soon

Focus on the Legislature

By John Haughey | The Center Square

Sen. Linda Stewart will not file a proposed assault weapons ban bill for the upcoming legislative session.

The Orlando Democrat said in August she’d file 2020 bills seeking to ban three different types of “assault weapons” and “high-capacity magazines.”

Stewart followed through with one of those pledges last week when she filed Senate Bill 794, which would make Florida the 10th state to ban magazines that can carry more than 10 bullets effective Oct. 1, 2020.

But Sen. Gary Farmer, D-Ft. Lauderdale, confirmed Thursday that he, not Stewart, will file a Senate bill seeking to ban “assault weapons” before the session begins on Jan. 14.

And, as he has done the last two years, Farmer said he will file a Senate companion to Rep. Carlos Guillermo Smith’s proposed “assault weapons” ban, which was filed Wednesday as House Bill 627.

“This legislation will save lives; we’ve known this for years. Doing nothing is simply unacceptable anymore,” Farmer said in a news release. “I’m proud to stand with Rep. Smith in proposing a solution that will undoubtedly reduce gun violence in Florida, just as similar bills have in California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, and New York. It’s time for Florida to step up and stop the sale of these dangerous military-style weapons.”

Unlike Stewart’s prospective “assault weapons” ban, which would have prohibited three specific groups of “assault weapons” – Sig Sauers, AR-15s, AK-47s – Smith’s HB 637 lists dozens of specific makes and models of handguns, rifles, and shotguns that would be banned.

“We owe it to the victims and families of Pulse, MSD (Marjory Stoneman Douglas High School) and of everyday gun violence to keep assault weapons off our streets,” Smith, also an Orlando Democrat, said in a statement. “As Orlando and Parkland communities know all too well, easy access to weapons of war has destroyed the lives of innocent people and families.”

HB 627 is Smith’s fourth proposed “assault weapons” ban filed every year since 2017 and among nearly two dozen proposed gun control bills filed for the 2020 session although few are likely to gain much traction in the Republican-controlled Legislature.

“Several other states and even entire countries have taken action to ban assault weapons after horrific mass shootings in their communities,” Smith said. “Why not Florida? It’s past time to hear the bills.”

HB 627 has not been referred to House committees. Stewart’s SB 794, filed Nov. 6, has also not yet been assigned to committees.

Stewart’s proposed magazine cap is similar to SB 558, pre-filed on Oct. 17 by Sen. Randolph Bracy, D-Orlando, which also would limit magazine capacities to 10 and prohibit their possession, although Stewart’s proposal includes enhanced penalties for importing and for accommodating possession by those under 21.

SB 558 awaits hearings before the Senate Infrastructure & Security, Criminal Justice and Appropriations committees.

With Senate President Bill Galvano, R-Bradenton, calling for the Senate to “better understand the various factors involved in mass shootings,” including a focus on “white nationalism,” gun control measures that have idled in the past could see the light of day next session. Among them:

SB 310, pre-filed by Stewart on Sept. 17, would prohibit anyone from printing, transferring, importing into Florida, possessing or giving to another person in Florida, a 3D-printed firearm that contains less than 4 ounces of metal.

The bill awaits hearings before the Senate Infrastructure & Security, Judiciary and Rules committees.

SB 718/HB 499, companion Senate-House bills sponsored by Sen. Lori Berman, D-Delray Beach, and Rep. Anna Eskamani, D-Orlando, seek to broaden the definition of relationships covered by domestic violence protections under the federal statute that Florida adheres to.

Both bills await first hearings before assigned Senate and House committees.

SB 134/HB 6009, companion Senate-House bills filed by Sen. Annette Taddeo, D-Miami, and Rep. Dan Daley, D-Sunrise, seeking to repeal a 1987 preemption law that prohibits local governments from adopting gun regulations more restrictive than the state's.

HB 117, filed Sept. 5 by Rep. Al Jacquet, D-Riviera Beach, would require concealed weapon applicants to undergo mental health evaluation. It awaits hearings before the Senate Criminal Justice and Agriculture & Natural Resources Appropriations subcommittees and Judiciary Committee.

SB 266, filed Sept. 12 by Farmer, would require loaded firearms to be secured with a trigger lock. It has been referred to the House Infrastructure & Security, Criminal Justice, and Rules committees.

SB 460/HB 289, companion Senate-House bills filed by Sen. Lauren Book, D-Plantation, and Daley, would require background checks for ammunition sales.

In the background is Ban All Assault Weapons Now’s (BAWN) prospective November 2020 proposed constitutional amendment seeking to ban “assault weapons.” The measure, which is being challenged as deceptive by Florida Attorney General Ashley Moody, had secured 119,893 signatures as of Thursday. It must 766,200 to qualify for the ballot.