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Politics

Guns, Guns, Guns ... As Legislative Session Begins, 'Gunshine' Bills Pile up

March 5, 2019 - 8:30am

More than 60 firearms-related proposals, from “assault weapon” bans to “red flag” measures, await state lawmakers when they begin their 60-day legislative session Tuesday.

The debates will come after 15 of Florida’s 27-member congressional delegation -- including three Republicans -- voted last week for the House’s Bipartisan Background Checks Act of 2019.

The House took time out from Michael Cohen’s public testimony before the Oversight & Reform Committee on Feb. 27 to pass HR 8, the Bipartisan Background Checks Act of 2019, in a 240-190 vote.

Of Florida’s 27 U.S. House representatives -- 14 Republican, 13 Democrat -- 15 voted for HR 8 and 11 against it. Rep. Lois Frankel, a West Palm Beach Democrat and certain supporter, did not cast a ballot.

Three of Florida’s 14 GOP reps joined all 12 of the state’s congressional Democrats in voting for the resolution. Reps. Vern Buchanan, Mario Diaz-Balart and Brian Mast were among eight Republicans who supported HR 8.

Mast, among H.R. 8’s five GOP co-sponsors, is an Army veteran who lost both legs serving in Afghanistan. He also supports an “assault weapons” ban.

"I cannot support the primary weapon I used to defend our people being used to kill children I swore to defend,” he wrote in a New York Times op-ed last year after the Valentine’s Day Marjory Stoneman Douglas High School shooting.

Buchanan, in a statement, cited a January Quinnipiac poll that found 92 percent of Americans support background checks for all gun buyers, as why he was voting for HR 8.

Of that 92 percent, according to the Quinnipiac poll, 89 percent of Republicans who responded supported background checks and Democrats supported it by 95 percent.

“Our laws cannot be effective if there are gaping loopholes that allow criminals and deranged individuals to purchase firearms at gun shows or over the Internet without being subject to background checks,” Buchanan said.

Democrats have a 235-197 advantage in the House. Republicans maintain a 53-47 majority in the Senate. Neither parties in either chamber have the votes to overturn a presidential veto -- which President Donald Trump has vowed to do.

HR 8 is unlikely to pass in the Senate with neither Marco Rubio nor Rick Scott likely to support it. Just to ensure his position was clear, newly elected Republican Sen. Scott said he would vote against the bill.

“I reviewed it and I’m not going to support it,” Scott told reporters in Washington, D.C., on Feb. 28. “I support the Second Amendment and I’m not going to do anything that’s going to attack law-abiding Americans from having access to their Second Amendment rights.”

There was some trepidation on where Scott would stand. As Florida governor last year, he signed Senate Bill 7026, the Marjory Stoneman Douglas High School Public Safety Act, a quickly-assembled $400 million response to the Parkland Valentine’s Day school shooting that included several previously inconceivable gun-control measures.

SB 7026 raises the minimum age to purchase firearms to 21; requires a 3-day waiting period to buy firearms; bans “bump stocks;” and gives greater authority for law enforcement to seize weapons under “red flag” laws.

Gun-control advocates are hoping to seize on a perceived thawing in acceptance of some gun control measures among state Republicans and have submitted a raft of bills restricting access to firearms for the upcoming legislative session.

Of proposed gun-related bills, only two expand gun rights. Rep. Mike Hill, R-Pensacola, has filed HB 175, which would rescind the gun-control measures in last year’s SB 7026, and HB 403, introduced by Rep. Erin Grall, R-Vero Beach, would allow a “religious institution to allow concealed weapons or concealed firearms licensee to carry firearm on property of institution.”

Otherwise, both are outliers amid a flurry of gun-control proposals that lawmakers will see in, at least, committee if not on chamber floors.

Among them:

• HB 455, sponsored by Rep. Carlos Guillermo Smith, D-Orlando, would prohibit possession and sale of “military-style assault weapons” and “large-capacity” ammunition magazines. It was pre-filed Jan. 22 – the day before a gunman murdered five women in a Sebring bank. The bill has little chance for adoption but a petition drive to get a constitutional measure before voters in 2020 is gaining momentum.

• SB 466, the Senate companion to Guillermo Smith’s “assault weapons” ban, introduced by Sen. Gary Farmer, D-Ft. Lauderdale. It has been referred to the Senate Judiciary, Criminal Justice and Rules committees.

• SB 500, introduced by Sen. Linda Stewart, D-Orlando, which would prohibit the “distributing, transporting, transferring, selling, or giving of an ‘assault weapon’ or ‘large-capacity magazine.’” A “grandfathered” ban, referred to the Senate Criminal Justice and Appropriations committees and the Criminal and Civil Justice subcommittee.

• SB 108, introduced by Sen. Lauren Book, D-Plantation, transferring the concealed weapons licensing program from the Department of Agriculture to the Department of Law Enforcement. Referred to the Senate Judiciary; Commerce and Tourism, Infrastructure and Security committees.

• HB 135, introduced by Rep. Margaret Good, D-Sarasota, requiring background checks for all firearms transfers when “neither party is licensed dealer.” Referred to House Judiciary Committee and House Criminal Justice and Justice Appropriations subcommittees.

• HB 197, introduced by Rep. Cindy Polo, D-Miramar, which would prohibit “concealed weapon or firearm licensee from openly carrying handgun or carrying concealed weapon or firearm into any child care facility.” Referred to the House Judiciary Committee and House L Criminal Justice and Children, Families and Seniors subcommittees.

• SB 364, introduced by Sen. Branyon, D-Miami Gardens, which would revise “locations where a (concealed weapon) licensee is prohibited from openly carrying a handgun or carrying a concealed weapon or firearm.” Referred to the Senate Judiciary, Rules and Commerce and Tourism committees.

John Haughey is a Watchdog.org contributor covering Florida news. 

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