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March 7,  2019 
What's Next Aileen?
​Mark Fisher  
Warning
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Gun Ballot Issues for 2020 
Attacks on The 2nd Amendment
Lake Region Gun Owners Organizational Meeting



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March 7, 2019
​Mark Fisher - Warning Gun Owner Meeting - Gun Ballot Issues for 2020
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Florida Ban on Military-Style Firearms and Disqualifications for Firearm Possession Initiative (2020)Florida Ban on Military-Style Firearms and Disqualifications for Firearm Possession Initiative

Election date
November 3, 2020
Topic
Firearms
Status
Gathering signatures
Type
Constitutional amendmentOrigin
Citizens

The Florida Ban on Military-Style Firearms and Disqualifications for Firearm Possession Initiative(Initiative #18-03) may appear on the ballot in Florida as an initiated constitutional amendment on November 3, 2020.[1]
The measure would ban persons residing or entering the state from possessing military-style firearms. The measure would define military-style firearms as "any gun with a magazine capacity of more than seven rounds of ammunition or any weapon capable of firing in fully automatic mode, any weapon capable of being modified in any manner to fire in a fully automatic mode or any weapon classified as a sniper rifle."[1]
The measure would also prohibit persons from possessing any firearm if the person had (a) been convicted of a felony; (b) been convicted of three or more misdemeanors; (c) his or her driver's license revoked for driving under the influence, reckless driving, or excessive speeding; (d) been subject to two or more domestic abuse emergency calls or investigations; (e) been diagnosed by a medical professional as psychologically disturbed; or (f) made any substantiated threat of violence against another person.[1]
The measure would delete the existing language of Section 8(a) of Article I of the Florida Constitution, which provides people with the constitutional right to keep and bear arms in defense of themselves.[1]
Text of measureBallot titleThe proposed title is as follows:[1]
“Well Regulated Militia and Firearms - Stop the Killing[2]”Ballot summaryThe proposed ballot summary is as follows:[1]
Constitutional changesSee also: Article I, Florida ConstitutionThe measure would amend Section 8(a) of Article I of the Florida Constitution. The following underlined text would be added and struck-through text would be deleted:[1]

(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.
The people of Florida declare that a well-regulated militia is necessary for the security of the State and further designate the National Guard of the State of Florida and organized police forces as its militia. The Militia, while on active duty, while training or in their training facilities shall possess all types of weaponry and arms required to defend the State. The weapons shall include, but not limited to fully automatic weapons, assault weapons, large magazine weapons holding more than seven rounds of ammunition and magazines with capacity over seven rounds. No other person entering or residing in the State shall possess any weapon or firearm that functions like or has the capacity of a military style weapon. Military style weapon means any gun with a magazine capacity of more than seven rounds of ammunition or any weapon capable of firing in fully automatic mode, any weapon capable of being modified in any manner to fire in a fully automatic mode or any weapon classified as a sniper rifle. Any person other than the well-regulated militia who possesses such a gun or weapon, shall within one year of the enactment of this section surrender that gun or weapon to the local police or militia at which time that gun or weapon shall be destroyed. Possessing such a gun or weapon thereafter shall be a felony with punishment by up to one year in prison.
Further, to protect the population of the state no person shall possess a firearm of any kind if: 1) they have been convicted of a felony; 2) convicted of three or more misdemeanors; 3) had their drivers license suspended or revoked for driving under the influence, careless or reckless driving, or excessive speeding; 4) has been the subject of two or more domestic abuse emergency calls or investigations; 5) they are a person whose mental condition has been affirmed as temporarily or permanently psychologically disturbed by a person with a medical degree; 6) or if they are a person who has made any substantiated threat of violence against another person.
The provisions of this section are self-implementing and are immediately in effect upon adoption.[2]
SponsorsStop The Killing Committee is leading the campaign in support of the initiative.[1]
Path to the ballotSee also: Laws governing the initiative process in FloridaThe state processIn Florida, the number of signatures required for an initiated constitutional amendment is equal to 8 percent of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8 percent of the district-wide vote in the last presidential election be collected from at least half (14) of the state's 27 congressional districts. Petitions are allowed to circulate for an indefinite period of time, but signatures are valid for a two-year period of time; therefore, proponents must collect all of their signatures for verification within a two-year period. Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.
The requirements to get an initiative certified for the 2020 ballot:
  • Signatures: 766,200 valid signatures are required.
  • Deadline: The deadline for signature verification is February 1, 2020. 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 percent accuracy. Signatures are considered valid if the random sample estimates that at least 115 percent of the required number of signatures are valid.
Details about the initiativeThe initiative was approved for circulation on April 6, 2018.[1]
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Florida Firearm Background Checks and Waiting Periods Initiative (2020)
Florida Firearm Background Checks and Waiting Periods Initiative

Election date
November 3, 2020
Topic
Firearms
Status
Gathering signatures
Type
Constitutional amendmentOrigin
Citizens

The Florida Firearm Background Checks and Waiting Periods Initiative (Initiative #19-03) may appear on the ballot in Florida as an initiated constitutional amendment on November 3, 2020.[1]
The measure would extend the current three-day waiting period for purchase of handguns to all firearms. It would also require background checks performed by the Florida Department of Law Enforcement to be performed on the purchaser. The measure would remove the background check exception for trade-ins and concealed weapons permit holders.[1]


Text of measureBallot titleThe proposed title is as follows:[1]
“FIREARM PURCHASE BACKGROUND CHECK[2]”Ballot summaryThe proposed ballot summary is as follows:[1]
“Extends the current 3-day waiting period between purchase and delivery at retail of a handgun to all purchases of all firearms. Requires that before delivery is made, the Florida Department of Law Enforcement conduct a background check on the purchaser and the seller receive a response approving the transfer of the firearm. Defines background check. Deletes current exclusion for concealed weapons permit holders and trade ins.[2]
”Constitutional changesSee also: Article I, Florida ConstitutionThe measure would amend Section 8(a) of Article I of the Florida Constitution. The following underlined text would be added and struck-through text would be deleted:[1]

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) No firearm shall be sold and delivered to a purchaser until after There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any firearm, and the seller receives a response of the background check on the purchaser approving the transfer of the firearm handgun. For the purposes of this section, “purchase” means the transfer of money or other valuable consideration to the seller retailer, and “background check” means the background check performed by the Florida Department of Law Enforcement on potential transferees before the transfer of a firearm from a retailer“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.Subsection (b) is self-executing, and no Legislative implementation is required. Anyone violating the provisions of subsection (b) shall be guilty of a felony of the third degree.
(d) This restriction shall not apply to a trade in of another handgun.[2]
SponsorsFloridians for Universal Background Checks is leading the campaign in support of the initiative.[1]
Path to the ballotSee also: Laws governing the initiative process in FloridaThe state processIn Florida, the number of signatures required for an initiated constitutional amendment is equal to 8 percent of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8 percent of the district-wide vote in the last presidential election be collected from at least half (14) of the state's 27 congressional districts. Petitions are allowed to circulate for an indefinite period of time, but signatures are valid for a two-year period of time; therefore, proponents must collect all of their signatures for verification within a two-year period. Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.
The requirements to get an initiative certified for the 2020 ballot:
  • Signatures: 766,200 valid signatures are required.
  • Deadline: The deadline for signature verification is February 1, 2020. 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 percent accuracy. Signatures are considered valid if the random sample estimates that at least 115 percent of the required number of signatures are valid.
Details about the initiativeThe initiative was approved for circulation on February 13, 2019.[1]
Florida Ban on Semiautomatic Rifles and Shotguns Initiative (2020)Florida Ban on Semiautomatic Rifles and Shotguns Initiative

Election date
November 3, 2020
Topic
Firearms
Status
Gathering signatures
Type
Constitutional amendmentOrigin
Citizens

The Florida Ban on Semiautomatic Rifles and Shotguns Initiative (Initiative #19-01) may appear on the ballot in Florida as an initiated constitutional amendment on November 3, 2020.[1][2]
Measure designThe measure would ban possession of semiautomatic rifles and shotguns. Semiautomatic would be 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 weaponwould be 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 ammunitionfeeding device." The definition of assault weapon would exclude handguns under the measure.[1]
If a person lawfully owned an assault weapon before the measure's effective date, their ownership of such weapon would still be 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 be available for federal, state, and local law enforcement agencies but otherwise would remain confidential.[1]
Violating the provisions of the measure would be a third-degree felony under the measure. The effective date of the measure was designed to be 30 days after the measure is approved, if it is approved by voters.[1]
Text of measureBallot titleThe proposed title is as follows:[2]
“Prohibits possession of defined assault weapons[3]”Ballot summaryThe proposed ballot summary is as follows:[2]
Constitutional changesSee also: Article VI, Florida ConstitutionThe measure would amend Section 8 of Article I of the Florida Constitution. The following underlined text would be added:[2]
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.[3]
SupportDo Something Florida, a bipartisan coalition formed by Ban Assault Weapons Now(BAWN) and Americans for Gun Safety Now (AFGSN), is leading 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.[2][4] Under the coalition, BAWN handles signature gathering and AFGSN handles advocacy campaigning.[5]
Supporters
  • David Hogg, a survivor of the February 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida[6]
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."[7]
  • 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."[6]
  • 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."[6]
OppositionArgumentsNational Rifle Association 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.”[8]
Path to the ballotSee also: Laws governing the initiative process in FloridaThe state processIn Florida, the number of signatures required for an initiated constitutional amendment is equal to 8 percent of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8 percent of the district-wide vote in the last presidential election be collected from at least half (14) of the state's 27 congressional districts. Petitions are allowed to circulate for an indefinite period of time, but signatures are valid for a two-year period of time; therefore, proponents must collect all of their signatures for verification within a two-year period. Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.
The requirements to get an initiative certified for the 2020 ballot:
  • Signatures: 766,200 valid signatures are required.
  • Deadline: The deadline for signature verification is February 1, 2020. 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 percent accuracy. Signatures are considered valid if the random sample estimates that at least 115 percent of the required number of signatures are valid.
Details about the initiative
  • The initiative was approved for circulation on November 28, 2018.[2]
  • A previous version of the initiative, #18-11, was withdrawn.

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