790.34 Florida Firearms Freedom Act

Firearms Freedom Act Introduced in Florida
Introduced in the Florida House on July 6, 2009, the “Firearms Freedom Act” (HB-21) seeks to provide “that specified firearms, firearm accessories, and ammunition for personal use manufactured in state are not subject to federal law or regulation” in the State of Florida.
The bill is sponsored by Florida State Reps O’Toole and Plakon. They follow in the path of Montana, and Tennessee who have already passed such legislation. And they join with Utah, Texas, South Carolina and others who are considering it in an effort to limit federal regulation of guns, and specifically invoke the 9th and 10th Amendments as restrictions on federal power:

“the regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition”

Read the full text of the legislation below:

A bill to be entitled An act relating to regulation of firearms; creating s. 790.34, F.S.; creating the Florida Firearms Freedom Act; providing a short title; providing legislative findings; providing definitions; providing that specified firearms, firearm accessories, and ammunition for personal use manufactured in the state are not subject to federal law or regulation; providing that the importation into the state of specified parts and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state does not subject the firearm, firearm accessory, or ammunition to federal regulation; providing that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce; providing that specified firearm accessories imported into the state from another state do not subject a firearm to federal regulation under interstate commerce; providing legislative findings with respect thereto; providing exceptions; providing applicability; requiring that firearms manufactured and sold in the state must bear an indicia of manufacture by a specified date; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 790.34, Florida Statutes, is created to read:

790.34 Florida Firearms Freedom Act.–
(1) SHORT TITLE.–This section may be cited as the “Florida Firearms Freedom Act.”

(2) LEGISLATIVE FINDINGS.–

(a) The Tenth Amendment to the United States Constitution guarantees to the states and their citizens all powers not granted to the Federal Government elsewhere in the constitution and reserves to the State of Florida and its citizens certain powers as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(b) The regulation of intrastate commerce by the Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the constitution and reserves to the State of Florida and its citizens certain rights as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845. 52

(c) The regulation of intrastate commerce is vested in the states under the Ninth Amendment and the Tenth Amendment to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the intrastate manufacture of firearms, firearm accessories, and ammunition.

(d) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Florida was admitted to statehood in 1845. The guaranty of that right is a matter of contract between the State of Florida and its citizens and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(e) Section 8, Article I of the Florida Constitution clearly secures to the citizens of Florida, and prohibits government interference with, the right of individual Florida citizens to keep and bear arms. This constitutional protection remains unchanged from the original Florida Constitution, which was approved by Congress and the people of Florida, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(3) DEFINITIONS.–As used in this section:

(a) “Basic materials” means raw materials, including, but not limited to, unmachined steel and unshaped wood, used in the creation and manufacture of firearms, firearm accessories, or ammunition that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition.

(b) “Borders of Florida” means the boundaries of Florida as described in s. 1, Art. II of the Florida Constitution.

(c) “Firearm accessories” means items that are used in conjunction with or mounted on a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speed-loaders, ammunition carriers, and lights for target illumination.

(d) “Generic and insignificant parts” includes, but is not limited to, springs, screws, nuts, and pins that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition.

(e) “Manufactured” means the creation of a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or any other processes used to form materials used in the creation of firearms, firearm accessories, or ammunition.

(4) FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR PERSONAL USE MANUFACTURED AND REMAINING IN FLORIDA NOT SUBJECT TO FEDERAL LAW OR REGULATION; LEGISLATIVE FINDINGS.

(a)1. It is the finding of the Legislature that a firearm, firearm accessory, or ammunition for personal use that is manufactured commercially or privately in Florida from basic materials without the inclusion of any significant parts imported from another state and that remains within the borders of Florida is not considered to have traveled in interstate commerce.

2. A firearm, firearm accessory, or ammunition that:
a. Is for personal use;
b. Is manufactured commercially or privately in Florida from basic materials without the inclusion of any significant parts imported from another state;
c. With respect to a firearm, has the words “Made in Florida” clearly stamped on a central metallic part of the firearm, such as the receiver or frame; and
d. Remains within the borders of Florida is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.

(b)1. It is the finding of the Legislature that generic and insignificant parts that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not considered to be firearms, firearm accessories, or ammunition.

2. The importation into the state of generic and insignificant parts that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition, and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state, does not subject the firearm, firearm accessory, or ammunition to federal regulation.

(c)1. It is the finding of the Legislature that basic materials, such as unmachined steel and unshaped wood, that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not considered to be firearms, firearm accessories, or ammunition.

2. Basic materials, such as unmachined steel and unshaped wood, that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not subject to congressional authority to regulate firearms, firearm accessories, or ammunition under interstate commerce as if such basic materials were actually firearms, firearm accessories, or ammunition.

3. The authority of Congress to regulate interstate commerce in basic materials does not include the authority to regulate firearms, firearm accessories, and ammunition manufactured in the state from basic materials and that remain within the state.

(d) Firearm accessories that are imported into the state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce by virtue of being attached to or used in conjunction with a firearm in Florida.

(5) EXCEPTIONS.–This section does not apply to:

(a) A firearm that cannot be carried and used by one person.
(b) A firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, rather than black powder, as a propellant.
(c) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
(d) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

(6) APPLICABILITY.–This section applies to firearms, firearm accessories, and ammunition described in subparagraph

(4)(a)2. that are manufactured in Florida after October 1, 2010, and remain within the state.

(7) FIREARMS MANUFACTURED IN FLORIDA; INDICIA OF MANUFACTURE REQUIRED.–Effective October 1, 2010, a firearm manufactured and sold in this state must have the indicia “Made in Florida” clearly stamped on a central metallic part of the firearm, such as the receiver or frame.

Section 2. This act shall take effect October 1, 2010.

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