Florida Senate - 2022 SB 872 By Senator Polsky 29-00915-22 2022872__ 1 A bill to be entitled 2 An act relating to unfinished firearms; creating s. 3 790.223, F.S.; providing definitions; prohibiting 4 specified acts involving unfinished firearm frames or 5 receivers; providing exceptions; providing criminal 6 penalties; providing applicability; defining the term 7 “licensed dealer”; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 790.223, Florida Statutes, is created to 12 read: 13 790.223 Unfinished firearms.— 14 (1) As used in this section, the term: 15 (a) “Assemble” means to fit together component parts. 16 (b) “Firearms importer or manufacturer” means a person 17 licensed to import or manufacture firearms pursuant to 18 U.S.C. 18 chapter 44. 19 (c) “Law enforcement agency” has the same meaning as in s. 20 23.1225(1)(d). 21 (d) “Manufacture” means to fabricate, make, form, produce, 22 or construct by manual labor or machinery. 23 (e) “Unfinished frame or receiver” means any forging, 24 casting, printing, extrusion, machined body, or similar article 25 that: 26 1. Has reached a stage in its manufacture where it may 27 readily be completed or converted to be a functional frame or 28 receiver; or 29 2. Is marketed or sold to the public to become or be used 30 as the frame or receiver of a functional firearm once finished 31 or completed. 32 (2)(a) After January 1, 2023, a person may not possess, 33 purchase, transport, or receive an unfinished frame or receiver, 34 unless: 35 1. The person is a firearms importer or manufacturer; or 36 2. The unfinished frame or receiver is imprinted with a 37 serial number issued by a firearms importer or manufacturer and 38 the unfinished frame or receiver has been imprinted with the 39 serial number pursuant to federal law. 40 (b) A person who violates this subsection commits: 41 1. For the first offense: 42 a. If the offense is a possession violation, a misdemeanor 43 of the second degree, punishable as provided in s. 775.082 or s. 44 775.083; or 45 b. If the offense is any other violation, a misdemeanor of 46 the first degree, punishable as provided in s. 775.082 or s. 47 775.083; or 48 2. For a second or subsequent offense, a felony of the 49 third degree, punishable as provided in s. 775.082, s. 775.083, 50 or s. 775.084. 51 (3)(a) A person may not sell, offer to sell, or transfer an 52 unfinished frame or receiver unless: 53 1. The person is a firearms importer or manufacturer and 54 the recipient of the unfinished frame or receiver is a firearms 55 importer or manufacturer; or 56 2. The unfinished frame or receiver is imprinted with a 57 serial number issued by an importer or manufacturer and the 58 unfinished frame or receiver has been imprinted with the serial 59 number pursuant to federal law. 60 (b) A person who violates this subsection commits: 61 1. For the first offense, a misdemeanor of the first 62 degree, punishable as provided in s. 775.082 or s. 775.083; or 63 2. For a second or subsequent offense, a felony of the 64 third degree, punishable as provided in s. 775.082, s. 775.083, 65 or s. 775.084. 66 (4)(a) A person may not manufacture or cause to be 67 manufactured or assemble or cause to be assembled a firearm that 68 is not imprinted with a serial number issued by a firearms 69 importer or manufacturer in accordance with federal law and any 70 regulations adopted thereunder unless the firearm: 71 1. Has been rendered permanently inoperable; 72 2. Is an antique firearm; or 73 3. Has been determined to be a collector’s item pursuant to 74 26 U.S.C. chapter 53 or a curio or relic pursuant to 18 U.S.C. 75 chapter 44. 76 (b) A person who violates this subsection commits: 77 1. For the first offense, a misdemeanor of the first 78 degree, punishable as provided in s. 775.082 or s. 775.083; or 79 2. For a second or subsequent offense, a felony of the 80 third degree, punishable as provided in s. 775.082, s. 775.083, 81 or s. 775.084. 82 (5)(a) After January 1, 2023, a person may not possess, 83 sell, offer to sell, transfer, purchase, transport, or receive a 84 firearm that is not imprinted with a serial number issued by a 85 firearms importer or manufacturer in accordance with federal law 86 and any regulations adopted thereunder unless: 87 1. The person is: 88 a. A law enforcement agency; or 89 b. A firearms importer or manufacturer, and in the case of 90 a sale, an offer to sell, or a transfer, the purchaser or 91 transferee is a firearms importer or manufacturer; or 92 2. The firearm: 93 a. Has been rendered permanently inoperable; 94 b. Was manufactured before 1969; 95 c. Is an antique firearm; or 96 d. Has been determined to be a collector’s item pursuant to 97 26 U.S.C. chapter 53 or a curio or relic pursuant to 18 U.S.C. 98 chapter 44. 99 (b) A person who violates this subsection commits: 100 1. For the first offense: 101 a. If the offense is a possession violation, a misdemeanor 102 of the second degree, punishable as provided in s. 775.082 or s. 103 775.083; or 104 b. If the offense is any other violation, a misdemeanor of 105 the first degree, punishable as provided in s. 775.082 or s. 106 775.083; or 107 2. For a second or subsequent offense, a felony of the 108 third degree, punishable as provided in s. 775.082, s. 775.083, 109 or s. 775.084. 110 Section 2. This act does not prohibit the sale of an 111 unfinished frame or receiver or firearm that is not imprinted 112 with a serial number to a firearms importer or manufacturer or a 113 licensed dealer before January 1, 2023. As used in this section, 114 the term “licensed dealer” means a person who holds a license as 115 a dealer in firearms which is issued pursuant to 18 U.S.C. s. 116 923(a). 117 Section 3. This act shall take effect October 1, 2022.