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A bill to be entitled An act relating to regulation of firearms; providing a short title; providing legislative findings; creating s. 790.34, F.S.; providing definitions; providing legislative findings relating to the nonapplicability of federal law and regulations to specified firearms, firearm accessories, and ammunition for personal use manufactured in the state; declaring 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; requiring that firearms manufactured and sold in the state must bear an indicia of manufacture after a specified date; prohibiting enforcement of certain federal regulations by state or local employees; prohibiting enforcement of certain federal regulations by employees or agents of the Federal Government; providing criminal penalties; specifying requirements for proceedings against such employees or agents; providing for injunctive relief for such enforcement; providing exceptions; providing for applicability; providing for severability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Protection Act."
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This act may be cited as the "Second Amendment

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Section 2. (1)

The Legislature finds that:

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 Federal Government as of the time that the compact with the Federal Government was agreed upon and adopted by Florida and the Federal Government in 1845. (2) 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 Federal Government as of the time that the compact with the Federal Government was agreed upon and adopted by Florida and the Federal Government in 1845. (3) 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 Federal Government as of the time that the compact with the Federal Government was agreed upon and adopted by Florida and the Federal Governments in 1845.

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(4)

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 the United States Congress and the people of Florida, and the right exists as it was understood at the time that the compact with the Federal Government was agreed upon and adopted by Florida and the Federal Governments in 1845. Section 3. read: 790.34 (1) (a) (b) Second Amendment Protection Act. DEFINITIONS.As used in this section, the term: "Borders of the state" means the boundaries of Florida "Firearm accessory" means an item that is used in Section 790.34, Florida Statutes, is created to

as described in s. 1, Art. II of the Florida Constitution. conjunction with or mounted on a firearm but is not essential to the basic function of the firearm, including, but not limited to, a telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock or grip, speed-loader, ammunition carrier, and light for target illumination. (c) (2)
MANUFACTURED

"Manufacture" means to assemble using multiple

FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR PERSONAL USE

components to create a more useful finished product. AND REMAINING IN

FLORIDA NOT SUBJECT TO FEDERAL LAW OR

REGULATION; LEGISLATIVE FINDINGS.

(a)

The Legislature finds that a firearm, firearm

accessory, or ammunition for personal use that is manufactured in Florida and remains within the borders of the state is not
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considered to have traveled in interstate commerce and is not subject to a federal law, treaty, regulation, or executive action, including, but not limited to, registration, under the authority of the United States Congress to regulate interstate commerce. (b) The Legislature finds that a component part is not a firearm, firearm accessory, or ammunition, and their importation into the state and incorporation into a firearm, firearm accessory, or ammunition manufactured and owned in the state does not subject the firearm, firearm accessory, or ammunition to federal regulation. The Legislature declares that such component part is not a firearm, firearm accessory, or ammunition and is not subject to the authority of the United States Congress to regulate firearms, firearms accessories, or ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. (c) 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. (3)
FIREARMS

MANUFACTURED IN FLORIDA;

INDICIA OF MANUFACTURE

REQUIRED.Effective

October 1, 2014, a firearm described in

subsection (2) and sold in the state must have the indicia "Made in Florida" clearly stamped on a central metallic part of the firearm, such as the receiver or frame. (4)(a) CERTAIN REGULATIONS VOID; ENFORCEMENT PROHIBITED. An act, law, treaty, order, rule, or regulation of the Federal Government that violates the Second Amendment to the
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Constitution of the United States is null, void, and unenforceable in the state. (b) An official, agent, or employee of the state, or a political subdivision thereof, may not enforce or attempt to enforce an act, law, treaty, order, rule, or regulation of the Federal Government regarding a personal firearm, firearm accessory, or ammunition that is manufactured and owned in this state and that remains within the borders of this state. (5)(a) UNLAWFUL TO ATTEMPT TO ENFORCE CERTAIN REGULATIONS; CRIMINAL PENALTIES.It is unlawful for an official, agent, or employee of the Federal Government, or an employee of an entity providing services to the Federal Government to enforce or attempt to enforce an act, law, treaty, order, rule, or regulation of the Federal Government regarding a firearm, a firearm accessory, or ammunition that is manufactured and owned in the state and that remains within the borders of the state. (b) A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A criminal prosecution for a violation of this subsection must be commenced by service of complaint and summons upon the alleged violator. The alleged violator may not be arrested or otherwise detained before, or during the pendency of, a trial for a violation of this subsection. (6) INJUNCTIVE RELIEF.A state attorney, or the Attorney General, may seek injunctive relief in any court of competent jurisdiction to enjoin an official, agent, or employee of the Federal Government or an employee of an entity providing services to the Federal Government from enforcing an act, law,
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treaty, order, rule, or regulation of the Federal Government regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state and that remains within the borders of the state. (7) (a) person. (b) firearm. (c) A firearm, other than a shotgun, that discharges two or more projectiles with one activation of the trigger or other firing device. (8) APPLICABILITY.This section applies to firearms, firearm accessories, and ammunition described in subsection (2) that are manufactured in this state on or after October 1, 2014, and remain within the borders of the state. Section 4. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Section 5. This act shall take effect October 1, 2014. Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the EXCEPTIONS.This section does not apply to: A firearm that cannot be carried and used by one

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