Florida Ban on Semiautomatic Rifles and Shotguns Initiative (2022)

Florida Ban on Semiautomatic Rifles and Shotguns Initiative
Election date November 8, 2022
Topic Firearms
Status Not on the ballot
Type Constitutional amendment	Origin Citizens

The Florida Ban on Semiautomatic Rifles and Shotguns Initiative was not on the ballot in Florida as an initiated constitutional amendment on November 8, 2022.

Measure design

The measure would have banned possession of semiautomatic rifles and shotguns. Semiautomatic would have been defined by the measure as "any weapon which fires a single projectile or a number of ball shots through a rifled or smooth bore for each single function of the trigger without further manual action required." Assault weapon would have been defined by the measure as "any semiautomatic rifle or shotgun capable of holding more than 10 rounds of ammunition at once, either in a fixed or detachable magazine, or any other ammunition feeding device." The definition of assault weapon would have excluded handguns under the measure.

If a person lawfully owned an assault weapon before the measure's effective date, their ownership of such weapon would have remained legal (a) for one year after the measure's effective date or (b) after the owner registers the weapon by make, model, and serial number with the Florida Department of Law Enforcement. Records of such registration would have been available for federal, state, and local law enforcement agencies but otherwise would have remained confidential.

Violating the provisions of the measure would have been a third-degree felony under the measure..

Text of measure

Ballot title

The proposed titlewould have been as follows:

“

Prohibits possession of defined assault weapons

”

Ballot summary

The proposed ballot summary would have been as follows:

“

Prohibits possession of assault weapons, defined as semiautomatic rifles and shotguns capable of holding more than 10 rounds of ammunition at once, either in fixed or detachable magazine, or any other ammunition-feeding device. Possession of handguns is not prohibited. Exempts military and law enforcement personnel in their official duties. Exempts and requires registration of assault weapons lawfully possessed prior to this provision’s effective date. Creates criminal penalties for violations of this amendment.

”

Constitutional changes

See also: Article VI, Florida Constitution

The measure would have amended Section 8 of Article I of the Florida Constitution. The following underlined text would have been added:

Note: Hover over the text and scroll to see the full text.

ARTICLE I, SECTION 8. Right to Bear Arms.—

(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

(b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, “purchase” means the transfer of money or other valuable consideration to the retailer, and “handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.

(c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.

(d) This restriction shall not apply to a trade in of another handgun.

(e) The possession of an assault weapon, as that term is defined in this subsection, is prohibited in Florida except as provided in this subsection. This subsection shall be construed in conformity with the 2nd Amendment to the United States Constitution as interpreted by the United States Supreme Court.

1) Definitions -

a) Assault Weapons - For purposes of this subsection, any semiautomatic rifle or shotgun capable of holding more than 10 rounds of ammunition at once, either in a fixed or detachable magazine, or any other ammunition feeding device. This subsection does not apply to handguns.

b) Semiautomatic - For purposes of this subsection, any weapon which fires a single projectile or a number of ball shots through a rifled or smooth bore for each single function of the trigger without further manual action required.

c) Ammunition-feeding device - For purposes of this subsection, any magazine, belt, drum, feed strip, or similar device for a firearm.

Limitations -

a) This subsection shall not apply to military or law enforcement use, or use by federal personnel, in conduct of their duties, or to an assault weapon being imported for sale and delivery to a federal, state or local governmental agency for use by employees of such agencies to perform official duties

b) This subsection does not apply to any firearm that is not semiautomatic, as defined in this subsection.

c) This subsection does not apply to handguns, as defined in Article I, Section 8(b), Florida Constitution.

d) If a person had lawful possession of an assault weapon prior to the effective date of this subsection, the person's possession of that assault weapon is not unlawful (1) during the first year after the effective date of this subsection, or (2), after the person has registered that weapon by make, model, and serial number with the Florida Department of Law Enforcement or its successor agency, as designated by the legislature. Registration records shall be available to local, state and federal law enforcement agencies for valid law enforcement purposes but shall otherwise be confidential.

3) Criminal Penalties - Violation of this subsection is a third-degree felony. The legislature may designate greater, but not lesser, penalties for violations.

4) Self-executing - This provision shall be self-executing except where legislative action is required in subsection 2)(d) to implement registration of weapons lawfully possessed prior to the enactment of this subsection or in subsection 3) to designate a more severe penalty for violation of this subsection.

5) Severability - The provisions of this subsection are severable. If any clause, sentence, paragraph, section or subsection of this measure, or an application thereof, is adjudged invalid by any court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible.

6) Effective date - The effective date of this amendment shall be thirty days after its passage by the voters.

Support

Do Something Florida, a bipartisan coalition formed by Ban Assault Weapons Now (BAWN) and Americans for Gun Safety Now (AFGSN), led the campaign in support of the initiative. BAWN's steering committee includes U.S. Congressman Ted Deutch (D-19) of Parkland. AFGSN was founded by Republican Donor Al Hoffman. Under the coalition, BAWN handles signature gathering and AFGSN handles advocacy campaigning.

• David Hogg, a survivor of the February 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, is the chief organizing coordinator for BAWN.

Supporters

BAWN listed the following groups as partner organizations:

• Americans For Gun Safety Now
• Brady Campaign to Prevent Gun Violence
• Florida American Academy of Pediatrics
• Florida PTA
• Florida Veterans For Common Sense
• League of Women Voters
• March For Our Lives
• Newtown Action Alliance

Arguments

• BAWN argued, "Again and again we’ve stood witness to innocent lives lost at the hands of madmen armed with military-style assault weapons like the AR-15. Again and again our elected leaders have failed to act on getting these weapons of war out of civilian hands. For our children, for our families, for our loved ones, for our communities, we must act where our politicians have failed to."

• Gail Schwartz, chair of Do Something Florida! said, "One year after our beautiful children and loved ones were killed in Parkland, we are turning our grief into action. This is not about taking away anyone’s rights, it’s about saving lives... We ask our fellow Floridians to join us in helping to send a message that we will no longer sit idly by while our precious children and fellow Floridians succumb to weapons meant for war zones. It is time for Florida to do something."

• David Hogg said, "Banning military-grade weapons, like the one which claimed seventeen of my classmates and friends, would be a great step towards curbing our epidemic of mass shootings. These types of bans have already been implemented in eight other states and in D.C. It's time for Florida to do something and lead the way for the rest of our nation."

Campaign advertisements

The following video was released by Ban Assault Weapons Now on June 14, 2019:

Title: "Weapons of War"

Opposition

• National Rifle Assocition
• National Shooting Sports Foundation

Arguments

• National Rifle Assocition lobbyist Marion Hammer said, "This petition seeks to ban practically every rifle and shotgun in America today with the exception single-shot bolt action rifles or single-shot shotguns by calling them assault weapons. It is a blatant attempt to fool Floridians by sucking them into a deception that would effectively ban most hunting, target shooting, and significant home defense as well.”

• Dean Weingarten, writing for Ammoland, wrote, "The problem with having people who are proudly ignorant about firearms technology draft a referendum, is they know just enough to create supremely stupid and ineffective laws. It is another example of the proud ignorance of anti-Second Amendment activists."

• Charles Hart, Chairman of the Orange County Republican Executive Committee, said, "My heart goes out to them, but there are other ways to deal with gun violence without taking away the fundamental right of millions of law-abiding Americans."

Media editorials

See also: 2022 ballot measure media endorsements

Support

• The Sun Sentinel said: "People of Florida, it’s up to you. You have the power to help restrict killing machines known as military-style assault weapons, the kind used to destroy so many precious lives at Marjory Stoneman Douglas High School in Parkland and the Pulse nightclub in Orlando. A state ban on military-style assault weapons won’t end gun violence. But it’s a start. So please, sign the petition. Think of three people you know and ask them to sign the petition, too."

• The Ocala StarBanner said: "While a statewide ban doesn’t prevent potential shooters from crossing state lines to purchase assault weapons, any measure making it harder to obtain such weapons is a plus. A citizens group is gathering signatures to have a proposed constitutional amendment banning assault weapons placed on a statewide ballot. Moody opposes the initiative, claiming the ballot question is complicated and misleading. It is neither. It would clearly ban new sales or possession of most assault-style weapons, and require owners to register their weapons. The recent massacres should cause Moody to rethink her opposition and let voters decide. Then something good, if not great, would truly come from the tragedies in El Paso and Dayton."

Opposition

• The Ledger said: "Ban 'assault' rifles, and killers will simply switch weapons — necessitating further gun control. In that regard, BAWN must answer how another law will be effective when current ones aren’t. Despite its shortcomings, BAWN’s cause undoubtedly will gain considerable traction. The proposal will garner support from leading state and national media that rarely miss an opportunity to paint gun owners as crazed loons... Emotions and hysteria are not enough, however. As with any law that seeks to restrict human freedom, we must first ask if it will be effective in achieving its stated goal. As it now stands, BAWN’s amendment fails that most fundamental test."

Polls

See also: Ballotpedia's approach to covering polls and 2022 ballot measure polls

Poll results for the measure are detailed below.

Florida Ban on Semiautomatic Rifles and Shotguns Initiative
Poll	Support	Oppose	Unsure	Margin of error	Sample size
St. Pete Polls 10/7/19 - 10/10/19	60.5%	33.9%	5.6%	+/-1.7	3,283
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in Florida

The state process

In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state's 28 congressional districts. Signatures remain valid until February 1 of an even-numbered year. Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state's congressional districts (222,898 signatures for 2024 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially invalid under the United States Constitution."

The requirements to get an initiative certified for the 2022 ballot:

• Signatures: 891,589 valid signatures
• Deadline: The deadline for signature verification was February 1, 2022. As election officials have 30 days to check signatures, petitions should be submitted at least one month before the verification deadline.

In Florida, proponents of an initiative file signatures with local elections supervisors, who are responsible for verifying signatures. Supervisors are permitted to use random sampling if the process can estimate the number of valid signatures with 99.5% accuracy. Enough signatures are considered valid if the random sample estimates that at least 115% of the required number of signatures are valid.

Details about the initiative

• The initiative was approved for circulation on November 28, 2018.
• A previous version of the initiative, #18-11, was withdrawn.
• Proponents did not submit enough valid signatures by the February 1, 2020, deadline to appear on the 2020 ballot. Initiative signatures in Florida remain valid for 2 years. Proponents attempted to collect signatures to qualify for the 2022 ballot.
• As of June 8, 2020, the Department of Elections showed that proponents had submitted 174,564 valid signatures.

Challenge to the ballot language

On June 3, 2020, the Florida Supreme Court in a 4-1 ruling determined that the ballot summary was misleading and blocked the measure from appearing on the 2022 ballot.

On July 26, 2019, Florida Attorney General Ashley Moody (R) filed a motion with the state supreme court arguing the measure's ballot language is misleading and unclear and that the initiative should be blocked from the ballot. Moody argued that the measure would "ban the possession of virtually every semi-automatic long-gun. To be included on the ballot, the sprawling practical effect of the amendment must be revealed in the ballot language. Because that effect is not revealed, the ballot language is deficient. Moreover, the ballot title and summary do not inform Florida's electorate that virtually every lawful owner of a semi-automatic long-gun will be forced to register with the Florida Department of Law Enforcement, or that this registry would be available to all local, state, and federal law enforcement agencies. Nor do the ballot title and summary state the time within which preexisting long-gun owners must register their firearms that meet the proposed amendment's definition of ‘assault weapon’ and avail themselves of the amendment's grandfathering provision.”

Gail Schwartz, chair of the Ban Assault Weapons NOW committee, argued, "This bipartisan ballot measure has been vetted extensively by legal experts and is supported by hundreds of thousands of Floridians across the state. We are confident with our chances at the supreme court and presented with the choice to do so, we are confident that the people of Florida will overwhelmingly support this common-sense measure to ban weapons of war to make our communities safer. It’s not surprising that the attorney general is now openly opposing measures to protect families, playing politics with Floridians’ lives in order to appease the gun lobby. Year after year, elected officials like Ashley Moody have done nothing on this issue, as more and more families like my own are forced to reckon with the loss of our loved ones due to military-grade assault weapons."

The NRA and the National Shooting Sports Foundation also filed briefs in the case opposing the measure. On June 3, 2020, the Florida Supreme Court in a 4-1 ruling determined that the ballot summary was misleading. The court said, "While the ballot summary purports to exempt registered assault weapons lawfully possessed prior to the Initiative’s effective date, the Initiative does not categorically exempt the assault weapon, only the current owner’s possession of that assault weapon. The ballot summary is therefore affirmatively misleading." Judge Jorge Labarga dissented arguing that the 75-word limit was not enough to provide every detail of the initiative but that the ballot summary was still clear.

Gail Schwartz, the chair of Ban Assault Weapons NOW, released a press release in response to the court's ruling that said, "The Supreme Court, now controlled by the NRA in the same way as our Governor and our Legislature, has fundamentally failed the people of Florida. Not only has the Legislature recently made it harder to pass ballot initiatives, now the people must also face a Court of rightwing ideologues who will only approve initiatives they agree with politically."

See also

2022 measures

• 2022 ballot measures
• Firearms on the ballot

Florida

• Florida ballot measures
• Florida ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Initiative 19-01 information
• Initiative 19-01 full text