FLORIDA FIREARMS – Law, Use & Ownership

The end of Bump stocks in Florida . . . and a few other unexpected things:

As of October 1, 2018, the possession of bump stocks in Florida is a felony! Yeah, you heard it right – a felony! The honors for this royal screw job go to incoming Senate President Bill Galvano and incoming House Speaker Jose Oliva, both Republicans. They were the driving force that sent Florida into an anti-gun frenzy after the Parkland High School shooting in April 2018. Both, are primarily responsible for getting some of the most severe anti-gun provisions in twenty years passed in Florida, measures that had little to do with the tragedy in Parkland. Remember them when they run for their next office. Likewise, we were let down by a number of Republican leaders, including the Governor and House Speaker Richard Corcoran, who could have forced a redaction of the anti-gun provisions from the bill, and just left the important good parts — or taken a lead to make sure that the anti-gun portions didn’t happen. Remember their names — and that they screwed you, and every other gun owner.

But, back to bump stocks. What did your wonderful Legislature do? Well, if you bend over, and something sharp and uncomfortable is suddenly shoved up you-know-where — you will know. You were screwed!

While the tragedy at the Parkland High School was beyond imaginable — the years of incidents by Nikolas Cruz, the 19 year old who massacred the students, went by without law enforcement doing anything. Credible threats of shooting up the school, multiple behavior transfers between schools for disruptive behavior and threats, petty crimes that were not followed up on, domestic violence, and a school system that refused his pleas for mental health help, and actively covered up his misdeeds through agreements with the State Attorney, Sheriff, and other law enforcement not to arrest students who committed crimes — in order to keep the “numbers down” so their records did not interfere with their future, and the school record on curbing violence looked good. Yeah . . . he could have been arrested and prosecuted multiple times. He could have been Baker Acted. He could have received the help he had asked for. But — nothing — nothing was done. So — who will bear the brunt of his misdeeds, and the failure of law enforcement, the State Attorney, the school system, and the failed mental health system? Yeah — of course — honest gun owners! Who else?

So, unless somebody gets an injunction to stop the unconstitutional portions of the new law from taking effect — on October 1, 2018 — it will be a FELONY to possess anything that qualifies as a “bump stock” in Florida. I say “anything” — because the way they worded this anti-gun fiasco — “bump stocks” also cover a load of what most of us call “ordinary” after market trigger mechanisms.

Here’s the new law, with the really bad stuff highlighted:

790.222 Bump-fire stocks prohibited.—A person may not

737 import into this state or transfer, distribute, sell, keep for
738 sale, offer for sale, possess, or give to another person a bump
739 fire stock. A person who violates this section commits a felony
740 of the third degree, punishable as provided in s. 775.082, s.
741 775.083, or s. 775.084. As used in this section, the term “bump
742 fire stock” means a conversion kit, a tool, an accessory, or a
743 device used to alter the rate of fire of a firearm to mimic
744 automatic weapon fire or which is used to increase the rate of
745 fire to a faster rate than is possible for a person to fire such
746 semiautomatic firearm unassisted by a kit, a tool, an accessory,
747 or a device.

My Explanation of the Law:
In my opinion, as to the first part, an accessory does not “mimic” automatic weapon fire if there is a conscious and intentional pull and release of the trigger by muscle action.

As to the second part, I believe it would apply only to an after-market product, and that in order to qualify under this section, it would not be possible for an individual to fire the firearm without the device AS FAST as with the device. That, from a constitutional standpoint, should apply even to a single round. In my opinion, this is an impossible standard to prove for any prosecutor because the standard of proof is “impossible”.

But, is the law unconstitutional? Well, I think so. I can think of several separate reasons — but while the NRA has filed a law suit to declare portions of the bill unconstitutional, the suit seems to have skipped bump stocks. Why? I don’t know. Ask the NRA. It makes no sense to me why they don’t cover all the unconstitutional issues.

But, just for the heck of it — let’s say you don’t give a damn about bump stocks. Why should we care?

Well . . . since there’s only been one incident involving a bump stock being used for a mass shooting (Las Vegas 2017) — and there certainly wasn’t one used in the Parkland HS shooting — why do we need to prohibit it? And, since machine guns are still legal — why not just make bump stocks regulated like machine guns, if that’s the real concern vs. being pure anti-gun? (yeah — you can own a machine gun in Florida – but not a bump stock. Figure that one!) You see, it’s the old “death by a thousand cuts”. Each time something goes wrong — they take away a bit more of the Second Amendment. (By the way — isn’t it part of the Constitution???) Today, bump stocks (and trigger mechanisms). Tomorrow magazines. Next time Glocks. Scopes. Semi-autos. Etc. That’s the very clever tactics of the anti-gun lobby at work. It’s not bump stocks. It’s eventually . . . EVERYTHING!

Same thing with the no purchase of “any” firearm for an 18 -20 year old. If it was really just “AR” style rifles — they could have prohibited AR’s. If it was just semi-autos. They could have prohibited just semi-autos. But, they just did a total sweep of not letting them purchase even a single shot, .22 bolt action rifle! Think of it — you can have a kid go, and fight in Afganistan. But, when he comes back, if he isn’t 21 — he can’t buy even a stinking bolt action rifle?

We could go on — but you’ve got the idea, by now. And you see how invidious this whole thing was. Because they did NEED the good portions of this bill on mental health, strengthening schools, and creating the school guardian program.  I’ve been harping on some of these same provisions for the last five years! Long overdue! But, sneaking in this pure anti gun stuff — was just — pure anti-gun. And they rammed it down the throats of members of the Legislature by threatening them on committee appointments, etc! To me, that’s the crime of extortion — but to the traitors in the Legislature — it’s just plain politics! They put their personal aspirations above the citizens they represent. Maybe, that should be a new crime. Threatening members with reprisals if they don’t vote the way you want them to.

So anyway — what do you do with your stuff, now that it’s about to become a FELONY just to have it?

Well . . . you can hope that Florida Carry or the Second Amendment Foundation, or somebody else with balls — gets an injunction and challenges this piece of  junk. Or, you can sell or give away your bump stocks and after market trigger mechanisms BEFORE October 1, 2018. Because, if you still have them on that date — you’re a fricking FELON. Thank your gutless Florida Legislature.