Defense Brief Motion Bank

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FL S 0346 2025-2026 senate

Assault Weapons and Large-capacity Magazines

Dead bank: queued

Not law. Dead.

Official status checked 2026-10-21 23:46 PT

Sen. Smith

Bill summary

Prohibiting the sale or transfer of an assault weapon or a large-capacity magazine; providing exceptions; providing criminal penalties; prohibiting possession of an assault weapon or a large-capacity magazine; requiring certificates of possession for assault weapons or large-capacity magazines lawfully possessed before a specified date, etc.

Now vs if chaptered

NOW: dead; not Florida law. IF a later print chapters: new 790.301 possessory and transfer felonies plus 775.087 enhancements, with a pre-Oct. 1, 2026 certificate grandfather.

Defender utility

Florida PDs: this print died in committee and is not a charging statute. If a similar 790.301 vehicle is refiled, demand the feature-test / named-list 'assault weapon' definition, the >10-round LCM element, the grandfather/certificate path, and the mandatory-minimum stacking under 775.087. Portable AWB/LCM analogue for CA/NY/VA/NJ challenge work — not a California charge.

Who this is for. FL PDs — died in Criminal Justice; do not charge from this print. Multi-state firms as an AWB/LCM contrast card — not a California charge.

Exemptions (draft)

Would have excepted LE/military in official duties, licensed dealers in the ordinary course, permanently inoperable firearms, feeding devices permanently altered to 10 or fewer, .22 caliber tube devices, and lever-action tubular magazines. Possession grandfather tied to lawful pre-Oct. 1, 2026 possession plus a certificate of possession.

Penalties (if chaptered)

Would-have-been: sale/transfer of an assault weapon or LCM — third-degree felony, 2-year mandatory minimum; transfer to a person under 18 — second-degree felony, 6-year mandatory minimum; possession — third-degree felony, 1-year mandatory minimum; certain transport — second-degree misdemeanor. Never enacted.

Bank hints

  • AWB
  • LCM
  • 790.301
  • challenge-vehicle
S-0346 Florida AWB assault-weapon LCM 790.301 775.087 10-round dead not-chaptered challenge-vehicle