Critics say Florida's new gun statute could make felons out of gun owners, manufacturers

A recently approved Florida gun law could make all state firearm owners and gun manufacturers felons. At least that's the take of several lawyers and a Fort Myers firearms consultant.

Alecs Dean, president of International Firearms Consulting Group in Fort Myers, said language in the Marjory Stoneman Douglas High School Public Safety Act signed by Florida Gov. Rick Scott on March 9 could cause problems.

The language reads this way:

"(T)he term 'bump-fire stock' means a conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device. "

Dean, a firearms trainer, said the problem lies with the Legislature's attempt to do away with the bump-fire stock and its use in making a semi-auto firearm into what is essentially automatic firing.

"You can't legislate this based on technology," Dean said. He said that a better way to achieve what the Legislature tried would be to place the bump-fire stock in the same category as fully automatic firearm with all the attendant protections and rules of ownership.

More: Gun owners file second lawsuit targeting new 'bump stock' ban

More: DOJ proposes new ban on bump stocks that mimic machine guns

More: Increasing AR-15 sales in Lee County are typical after high-profile mass shootings

Any firearms company, or individual, who altered a weapon could run afoul of the new law, Dean said.

"So if Glock, at the Glock Factory, installs a Glock Trigger, by Glock employees, that is 3.5-pound trigger pull, as opposed to standard 5.5 pounds," he said. "Anyone possessing this in Florida commits a felony."

Gainesville attorney Gary Moody, who is a certified NRA instructor, had no argument with Dean's assessment of the statute's unintended scope.

"I agree with that," he said. "It's an interesting statute."

Calling the language "unconstitutionally vague," he said the problem is the way they use the language.

He agreed with Dean's assessment that something as simple as a "trigger job" — basically any sort of work to make a firearm's trigger smoother, faster or easier to pull — would qualify as a violation of the statute.

"Almost all work on semi-automatics, except repairs, is done to increase the rate of fire rapidly and accurately," he said.

"What this law makes a felony is nothing more than a small coil spring," Dean added. "How do you legislate a spring?"

Moody said the new statute, which goes into effect in October, amounts to more of a "relief act" for Florida firearms lawyers by likely providing them with cases to handle when someone with a firearm that has been altered finds themselves facing a charge.

He said prosecutors could use the language as a means to add more serious charges in a case where someone might have only been facing a misdemeanor.

As an example, he said if someone with a concealed carry firearm was involved in a traffic crash and taken to the hospital and their firearm was turned over to police, the possibility exists that they could face a statute violation if police determined the firearm was altered under the existing language.

More: Gun restrictions will not be on November ballot

More: Guns for teachers: Lee County schools want to look at other options

More: Parkland survivors take their cause to constitution review hearing in Cape Coral

"There will be an awful lot of cases that come from this," Moody said. "It could create a chilling effect on anyone who owns a firearm."

Moody said the state's courts might be able to rule quickly on some of the statute's language but that the Legislature would likely need to get involved to conclusively clear up what he and others see as an issue.

Gov. Scott's office said the law is very specific.

“The law is directed squarely at bump stocks,” said Lauren Schenone, press secretary for the governor.

"There has been one criminal misuse of this device ever," Dean said of the bump stock aspect. "With this statute, they are not hitting a fly with a sledgehammer, they are hitting a fly with a — bomb; how do you do that without shrapnel causing devastating collateral damage?"

Attorney Eric Friday, general counsel to Florida Carry, a Second Amendment group, specializes in firearm law and self-defense. He said there are a lot of problems with the law that was put together too quickly and without much debate.

"They had a time to conclude business or call for a special session," he said. Instead, the Legislature just passed the law along to the governor.

Asked if he thought the law can be interpreted to do what Moody and Dean suggest, Friday said: "Depending on how broadly (the interpretation), it sure can."

The reason we have a representative government, Friday said, was to prevent the type of legislating that uses emotion and fear — instead of logic and thought — to write laws.

He added that he and others warned the Legislature about the nebulous language, to no avail.

A lawsuit by the NRA was filed against some of the aspects of the statute almost immediately after it was signed into law, specifically the part that raises the minimum age to buy rifles from 18 to 21, which the NRA claims violates the Second Amendment.

The law also extends a three-day waiting period for handgun purchases to include long guns and allows some school staffers to be armed.

Connect with this reporter: MichaelBraunNP (Facebook) @MichaelBraunNP (Twitter)

More: NRA sues Florida over gun bill same day Gov. Rick Scott signs it into law

More: Lawkers send gun-control bill to governor, includes plan to arm teachers

More: Gun sales face uncertain future thanks to President Trump's support for industry

More: Stoneman Douglas grad Parisima Taeb wants Heather Fitzenhagen's Florida House seat

More: Parkland father, teacher urge Congress to build on Florida school safety law