Read the full stored bill text
Florida Senate
-
2026
SB 346
By
Senator Smith
17-00076-26 2026346__
1 A bill to be entitled
2 An act relating to assault weapons and large-capacity
3 magazines; creating s. 790.301, F.S.; defining terms;
4 prohibiting the sale or transfer of an assault weapon
5 or a large-capacity magazine; providing exceptions;
6 providing criminal penalties; prohibiting possession
7 of an assault weapon or a large-capacity magazine;
8 providing exceptions; providing criminal penalties;
9 requiring certificates of possession for assault
10 weapons or large-capacity magazines lawfully possessed
11 before a specified date; specifying requirements for
12 the certificates; requiring the Department of Law
13 Enforcement to adopt rules by a specified date;
14 requiring the department to conduct certain background
15 investigations; specifying the form of the
16 certificates of possession; limiting sales or
17 transfers of assault weapons or large-capacity
18 magazines documented by certificates of possession;
19 providing conditions for continued possession of such
20 weapons or large-capacity magazines; specifying
21 requirements for an applicant who fails to qualify for
22 a certificate of possession; requiring certificates of
23 transfer for transfers of certain assault weapons or
24 large-capacity magazines; specifying requirements for
25 certificates of transfer; requiring the department to
26 maintain a file of such certificates; providing for
27 relinquishment of assault weapons or large-capacity
28 magazines; specifying requirements for transporting
29 assault weapons or large-capacity magazines under
30 certain circumstances; providing criminal penalties;
31 specifying circumstances in which the manufacture or
32 transport of assault weapons or large-capacity
33 magazines is not prohibited; exempting permanently
34 inoperable firearms from certain provisions; amending
35 s. 775.087, F.S.; providing enhanced criminal
36 penalties for certain offenses when committed with an
37 assault weapon or a large-capacity magazine; providing
38 for severability; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 790.301, Florida Statutes, is created to
43 read:
44
790.301
Assault weapons.—
45
(1)
DEFINITIONS.—As used in this section, the term:
46
(a)1.
“Assault weapon” means any selective-fire firearm
47
capable of fully automatic, semiautomatic, or burst fire at the
48
option of the user or any of the following semiautomatic
49
firearms:
50
a.
All AK series, including, but not limited to, the
51
following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
52
NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
53
and Vector Arms AK-47.
54
b.
All AR series, including, but not limited to, the
55
following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
56
M15, Olympic Arms, AR70, DPMS
t
actical
r
ifles, Smith & Wesson
57
M&P15
r
ifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
58
AR rifles.
59
c.
Algimec AGM1.
60
d.
Barrett 82A1 and REC7.
61
e.
Beretta AR-70 and Beretta Storm.
62
f.
Bushmaster
a
uto
r
ifle.
63
g.
Calico Liberty series.
64
h.
Chartered Industries of Singapore SR-88.
65
i.
Colt Sporter.
66
j.
Daewoo K-1, K-2, Max-1, and Max-2.
67
k.
Fabrique National FN/FAL, FN/LAR,
and
FNC.
68
l.
FAMAS MAS 223.
69
m
.
Federal XC-900 and SC-450.
70
n.
FNH PS90, SCAR, and FS2000.
71
o.
Goncz High Tech Carbine.
72
p.
Hi-Point Carbine.
73
q.
HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
74
r.
Kel-Tec Sub-2000, SU series, RFB.
75
s.
M1 Carbine.
76
t.
SAR-8, SAR-4800,
and
SR9.
77
u.
SIG 57 AMT and 500
s
eries.
78
v.
SIG Sauer MCX
r
ifle.
79
w.
SKS capable of accepting a detachable magazine.
80
x.
SLG 95.
81
y.
SLR 95 or 96.
82
z.
Spectre Auto
c
arbine.
83
aa.
Springfield Armory BM59, SAR-48, and G-3.
84
bb.
Sterling MK-6 and MK-7.
85
cc.
Steyr AUG.
86
dd.
Sturm Ruger Mini-14 with folding stock.
87
ee.
TNW M230
and
M2HB.
88
ff.
Thompson types, including Thompson T5.
89
gg.
UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
90
Rifle (Galatz), or Vector Arms UZI.
91
hh.
Weaver Arms Nighthawk.
92
2.
All of the following handguns,
or
copies, duplicates, or
93
altered facsimiles
thereof
with the capability of any such
94
weapon:
95
a.
AK-47 pistol
and
Mini AK-47 pistol.
96
b.
AR-15 pistol.
97
c.
Australian Automatic Arms SAP pistol.
98
d.
Bushmaster Auto
p
istol.
99
e.
Calico Liberty series pistols.
100
f.
Encom MK-IV, MP-9, and MP-45.
101
g.
Feather AT-9 and Mini-AT.
102
h.
Goncz High Tech Long pistol.
103
i.
Holmes MP-83.
104
j.
Iver Johnson Enforcer.
105
k.
MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
106
Velocity Arms VMA series.
107
l.
Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
108
m.
UZI pistol
and
Micro-UZI pistol.
109
n.
Colefire Magnum.
110
o.
Scarab Skorpion.
111
p.
Spectre Auto pistol.
112
q.
German Sport 522 PK.
113
r.
Chiappa Firearms Mfour-22.
114
s.
DSA SA58 PKP FAL.
115
t.
I.O. Inc. PPS-43C.
116
u.
Kel-Tec PLR-16 pistol.
117
v.
SIG Sauer P556 pistol.
118
w.
Thompson TA5 series pistols.
119
x.
Wilkinson “Linda” pistol.
120
3.
All of the following shotguns,
or
copies, duplicates, or
121
altered facsimiles
thereof
with the capability of a
ny such
122
weapon
:
123
a.
Armscor 30 BG.
124
b.
Franchi SPAS-12 and Law-12.
125
c.
Remington TAC-2 or TACB3 FS.
126
d.
SPAS 12 or LAW 12.
127
e.
Striker 12.
128
f.
Streetsweeper.
129
g.
Saiga.
130
h.
USAS-12.
131
i.
Kel-Tec KSG.
132
4.
A part or combination of parts
which
convert
s
a firearm
133
into an assault weapon
,
or any combination of parts from which
134
an assault weapon may be assembled if those parts are in the
135
possession or under the control of the same person.
136
5.
Any semiautomatic firearm not listed in subparagraphs
137
1.-
4
.
which
meets any of the following criteria:
138
a.
A semiautomatic rifle that has an ability to accept a
139
detachable magazine and has one or more of the following:
140
(I)
A folding or telescoping stock;
141
(II)
A pistol grip, a thumbhole stock or Thordsen-type grip
142
or stock, or any other characteristic that can function as a
143
grip;
144
(III)
A bayonet mount;
145
(IV)
A flash suppressor or threaded barrel designed to
146
accommodate a flash suppressor;
147
(V)
A grenade launcher; or
148
(VI)
A shroud attached to the barrel, or that partially or
149
completely encircles the barrel
,
allowing the
shoot
er to hold
150
the firearm with the non-trigger hand without being burned, but
151
exclud
ing
a slide that encloses the barrel.
152
b.
A semiautomatic pistol that has
the
ability to accept a
153
detachable magazine and has one or more of the following:
154
(I)
The capacity to accept a large-capacity magazine that
155
attaches to the pistol at any location outside of the pistol
156
grip;
157
(II)
A threaded barrel capable of accepting a barrel
158
extender, flash suppressor, forward handgrip, or silencer;
159
(III)
A slide that encloses the barrel and
allows
the
160
shooter to hold the firearm with the non-trigger hand without
161
being burned;
162
(IV)
A manufactured weight of 50 ounces or more when the
163
pistol is unloaded;
164
(V)
A semiautomatic version of an automatic firearm;
165
(VI)
Any feature capable of functioning as a protruding
166
grip that can be held by the non-trigger hand; or
167
(VII)
A folding, telescoping, or thumbhole stock.
168
c.
A semiautomatic shotgun that has one or more of the
169
following:
170
(I)
A folding or telescoping stock;
171
(II)
A pistol grip, a thumbhole stock or Thordsen-type grip
172
or stock, or any other characteristic that can function as a
173
grip;
174
(III)
A thumbhole stock;
175
(IV)
A fixed magazine capacity in excess of 5 rounds; or
176
(V)
The
ability to accept a detachable magazine.
177
d.
Any semiautomatic pistol or any semiautomatic,
178
centerfire, or rimfire rifle with a fixed magazine that has the
179
capacity to accept more than 10 rounds of ammunition.
180
e.
A part or combination of parts designed or intended to
181
convert a firearm into an assault weapon
,
or any combination of
182
parts from which an assault weapon may be assembled if those
183
parts are in the possession or under the control of the same
184
person.
185
(b)
“Detachable magazine” means an ammunition feeding
186
device that can be removed from a firearm without disassembly of
187
the firearm action.
188
(c)
“Fixed magazine” means an ammunition feeding device
189
contained in, or permanently attached to, a firearm in such a
190
manner that the device cannot be removed without disassembly of
191
the firearm action.
192
(d)
“Large-capacity magazine” means an ammunition feeding
193
device with the capacity to accept more than 10 rounds, or any
194
conversion kit, part, or combination of parts from which such a
195
device can be assembled if those parts are in the possession or
196
under the control of the same person, but does not include any
197
of the following:
198
1.
A feeding device that has been permanently altered so
199
that it cannot accommodate more than 10 rounds;
200
2.
A .22 caliber tube ammunition feeding device; or
201
3.
A tubular magazine that is contained in a lever-action
202
firearm.
203
(e)
“Licensed gun dealer” means a person who has a federal
204
firearms license.
205
(2)
SALE OR TRANSFER.—
206
(a)
A person who, within this state, distributes,
207
transports, or imports into th
is
state
; who
sells, keeps for
208
sale, or offers or exposes for sale
;
or who gives an assault
209
weapon or
a
large-capacity magazine in violation of this
210
section, except as provided in paragraph (
c
), commits a felony
211
of the third degree, punishable as provided in s. 775.082, s.
212
775.083, or s. 775.084, with a mandatory minimum term of
213
imprisonment of 2 years.
214
(b)
A person who transfers, sells, or gives an assault
215
weapon or
a
large-capacity magazine to a person under 18 years
216
of age in violation of this section commits a felony of the
217
second degree, punishable as provided in s. 775.082, s. 775.083,
218
or s. 775.084, with a mandatory minimum term of imprisonment of
219
6 years.
220
(c)
Paragraph (a) does not apply to:
221
1.
The sale of assault weapons or large-capacity magazines
222
to the Department of Law Enforcement, a law enforcement agency
223
as defined in s. 934.02, the Department of Corrections, or the
224
military or naval forces of this state or of the United States
225
for use in the discharge of their official duties.
226
2.
A person who is the executor or administrator of an
227
estate that includes an assault weapon or a large-capacity
228
magazine for which a certificate of possession has been issued
229
under
subsection (4)
and
which is disposed of as authorized by
230
the probate court, if the disposition is otherwise permitted
231
under this section.
232
3.
The transfer by bequest or intestate succession of an
233
assault weapon or a large-capacity magazine for which a
234
certificate of possession has been issued under subsection (4).
235
(3)
POSSESSION.—
236
(a)
Except as provided in subsection (5), a person who,
237
within this state, possesses any assault weapon or large
238
capacity magazine, except as provided in this section or as
239
otherwise authorized by law, commits a felony of the third
240
degree, punishable as provided in s. 775.082, s. 775.083, or s.
241
775.084, with a mandatory minimum term of imprisonment of 1
242
year.
243
(b)
Paragraph (a) does not apply to the possession of
244
assault weapons or large-capacity magazines by members or
245
employees of the Department of Law Enforcement, a law
246
enforcement agency as defined in s. 934.02, the Department of
247
Corrections, or the military or naval forces of this state or of
248
the United States for use in the discharge of their official
249
duties;
and this
section
does not
prohibit the possession or use
250
of assault weapons or large-capacity magazines by sworn members
251
of
such
agencies when on duty and
when
the use is within the
252
scope of their duties.
253
(c)
Paragraph (a) does not apply to the possession of an
254
assault weapon or a large-capacity magazine by a person
before
255
July 1, 202
7
, if all of the following are applicable:
256
1.
The person is eligible to apply for a certificate of
257
possession
under subsection (4)
for the assault weapon or large
258
capacity magazine by July 1, 202
7.
259
2.
The person lawfully possessed the assault weapon or
260
large-capacity magazine
before
October 1, 202
6.
261
3.
The person is otherwise in compliance with this section
262
and the applicable requirements of this chapter for possession
263
of a firearm.
264
(d)
Paragraph (a) does not apply to a person who is the
265
executor or administrator of an estate that includes an assault
266
weapon or a large-capacity magazine for which a certificate of
267
possession has been issued under subsection (4), if the assault
268
weapon
or large-capacity magazine
is possessed at a place set
269
forth in subparagraph (4)(d)1. or as authorized by the probate
270
court.
271
(4)
CERTIFICATE OF POSSESSION.—
272
(a)
A person who lawfully possesses an assault weapon or a
273
large-capacity magazine
before
October 1, 202
6
,
must
apply by
274
October 1, 202
7
, or, if such person is a member of the military
275
or naval forces of this state or of the United States and is
276
unable to apply by October 1, 202
7
, because he or she is or was
277
on official duty outside of this state,
must
apply within 90
278
days
after
returning to
this
state
,
to the Department of Law
279
Enforcement for a certificate of possession with respect to such
280
assault weapon or large-capacity magazine. The certificate
must
281
contain a description of the assault weapon or large-capacity
282
magazine
which
identifies it uniquely, including all
283
identification marks; the full name, address, date of birth, and
284
thumbprint of the owner; and any other information as the
285
department may deem appropriate. The department shall adopt
286
rules
no later than January 1, 20
27
, to establish procedures
287
with respect to the application for, and issuance of,
288
certificates of possession pursuant to this
sub
section. The
289
thumbprint of the applicant
must
be taken by a law enforcement
290
agency or the Department of Law Enforcement together with any
291
personal identifying information required by federal law to
292
process fingerprints. Charges for thumbprint services under this
293
paragraph are not subject to the sales tax on fingerprint
294
services imposed in s. 212.05(1)(i). The Department of Law
295
Enforcement shall conduct a background investigation pursuant to
296
this subsection.
297
(b)
A certificate of possession issued under this
298
subsection must be in substantially the following form:
299
300
CERTIFICATE OF POSSESSION OF ASSAULT WEAPON
301
Certificate Number:
302
Owner’s
N
ame: (
l
ast,
f
irst,
m
iddle)
303
Address
(NO P.O. Boxes)
: (
n
umber,
s
treet,
c
ity or
t
own,
304
s
tate,
z
ip
c
ode)
305
Date of Birth:
306
Social Security Number (
o
ptional, but will help prevent
307
misidentification):
308
Driver License Number and State:
309
Manufacturer:
310
Importer:
311
Serial Number:
312
Model:
313
Caliber:
314
Unique I.D./Markings:
315
Signature of Owner
:
316
Applicant’s Right Thumbprint
:
317
318
(c)
An assault weapon or a large-capacity magazine
319
possessed pursuant to this section may not be sold or
320
transferred on or after January 1, 20
27
, to a person within this
321
state other than to a licensed gun dealer, as provided in
322
subsection (5), or by a bequest or intestate succession. A
323
person who obtains title to an assault weapon or a large
324
capacity magazine for which a certificate of possession has been
325
issued under this
sub
section by bequest or intestate succession
326
must
, within 90 days
after
obtaining title, apply to the
327
Department of Law Enforcement for a certificate of possession as
328
provided in
this subsection
, render the assault weapon or large
329
capacity magazine permanently inoperable, sell the weapon or
330
large-capacity magazine to a licensed gun dealer, or remove the
331
weapon or large-capacity magazine from th
is
state. A person who
332
moves into th
is
state
and is
in lawful possession of an assault
333
weapon or a large-capacity magazine
must
, within 90 days, either
334
render the weapon or large-capacity magazine permanently
335
inoperable, sell the weapon or large-capacity magazine to a
336
licensed gun dealer, or remove the weapon or large-capacity
337
magazine from this state. This paragraph does not apply to a
338
person who is a member of the military or naval forces of this
339
state or of the United States,
who
is in lawful possession of an
340
assault weapon or a large-capacity magazine, and
who
has been
341
transferred into th
is
state after October 1, 202
7
.
342
(d)
A person issued a certificate of possession for an
343
assault weapon or a large-capacity magazine under this
344
sub
section may possess it only under the following conditions:
345
1.
At that person’s residence, place of business, or other
346
property owned by that person, or on property owned by another
347
person with the owner’s express permission;
348
2.
While on the premises of a target range of a public or
349
private club or organization organized for the purpose of
350
practicing shooting at targets;
351
3.
While on a target range that holds a regulatory or
352
business license for the purpose of practicing shooting at that
353
target range;
354
4.
While on the premises of a licensed shooting club;
355
5.
While attending any exhibition, display, or educational
356
pro
gram
that
is about firearms and is sponsored by, conducted
357
under the auspices of, or approved by a law enforcement agency
358
or a nationally or state-recognized entity that fosters
359
proficiency in, or promotes education about, firearms; or
360
6.
While transporting the assault weapon or large-capacity
361
magazine between any of the places mentioned in this
paragraph
,
362
or to any licensed gun dealer for servicing or repair pursuant
363
to paragraph (7)(b), provided the assault weapon or large
364
capacity magazine is transported as required by subsection (7).
365
(e)
If an applicant for a certificate of possession under
366
this subsection fails to qualify for
the
certificate after the
367
background
investigation required under this subsection, the
368
applicant
must
arrange to relinquish all assault weapons or
369
large-capacity magazines in his or her possession as provided in
370
subsection (
6
) within 10 days
after
he or she receives written
371
notice from the Department of Law Enforcement
of failure
to
372
qualify for the certificate
. Such applicant who fails to make
373
such an arrangement within the time specified in this paragraph
374
is thereafter in violation of this section.
375
(5)
CERTIFICATE OF TRANSFER.—If an owner of an assault
376
weapon or a large-capacity magazine sells or transfers the
377
weapon or magazine to a licensed gun dealer,
the owner
must
, at
378
the time of delivery of the weapon, execute a certificate of
379
transfer and cause the certificate to be mailed or delivered to
380
the Department of Law Enforcement. The certificate
must
contain
381
all of the following
:
382
(a)
The date of sale or transfer.
383
(b)
The name
s
and address
es
of the seller or transferor and
384
the licensed gun dealer and their social security numbers or
385
driver license numbers.
386
(c)
The licensed gun dealer’s federal firearms license
387
number.
388
(d)
A description of the weapon, including the caliber of
389
the weapon and its make, model, and serial number.
390
(e)
Any other information the Department of Law Enforcement
391
prescribes.
392
393
The licensed gun dealer shall present his or her driver license
394
or social security card and federal firearms license to the
395
seller or transferor for inspection at the time of purchase or
396
transfer. The Department of Law Enforcement shall maintain at
397
its headquarters a file of all certificates of transfer.
398
(6)
RELINQUISHMENT.—An individual may arrange in advance to
399
relinquish an assault weapon or a large-capacity magazine to a
400
law enforcement agency as defined in s. 934.02 or
to
the
401
Department of Law Enforcement. The assault weapon or large
402
capacity magazine
must
be transported in accordance with
403
subsection (7).
404
(7)
TRANSPORTATION.—
405
(a)
A licensed gun dealer who lawfully purchases for resale
406
out
side
this
state an assault weapon or a large-capacity
407
magazine pursuant to subsection (2) may transport the assault
408
weapon or large-capacity magazine between dealers or out
side
409
th
is
state, but
a
person
may not
carry a loaded assault weapon
410
concealed from public view or knowingly have in any motor
411
vehicle owned, operated, or occupied by him
or her
a loaded
412
assault weapon or an unloaded assault weapon, unless such weapon
413
is kept in the trunk of such vehicle or in a case or other
414
container
that
is inaccessible to the operator of or any
415
passenger in such vehicle. A person who violates this subsection
416
commits a misdemeanor of the second degree, punishable as
417
provided in s. 775.082 or s. 775.083. Any licensed gun dealer
418
may display the assault weapon or large-capacity magazine at any
419
gun show or sell it to a
buyer
outside th
is
state.
420
(b)
Any licensed gun dealer may transfer possession of any
421
assault weapon or large-capacity magazine received pursuant to
422
paragraph (a) to a gunsmith for purposes of accomplishing
423
service or repair of the same. Transfers are permissible only to
424
the following persons:
425
1.
A gunsmith in the dealer’s employ; or
426
2.
A gunsmith with whom the dealer has contracted for
427
gunsmithing services, provided
that
the gunsmith receiving the
428
assault weapon holds a dealer’s license issued pursuant to
429
chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss.
430
921 et seq., and the regulations issued pursuant thereto.
431
(8)
CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
IS
432
NOT PROHIBITED.—This section does not prohibit any person, firm,
433
or corporation engaged in the business of manufacturing assault
434
weapons or large-capacity magazines in this state from
435
manufacturing or transporting assault weapons or large-capacity
436
magazines in this state for sale within this state in accordance
437
with subparagraph (2)(c)1. or for sale outside this state.
438
(9)
EXCEPTION.—This section does not apply to any firearm
439
modified to render it permanently inoperable.
440 Section 2. Paragraph (a) of subsection (3) of section
441 775.087, Florida Statutes, is amended to read:
442 775.087 Possession or use of weapon; aggravated battery;
443 felony reclassification; minimum sentence.—
444 (3)(a)1. Any person who is convicted of a felony or an
445 attempt to commit a felony, regardless of whether the use of a
446 firearm is an element of the felony, and the conviction was for:
447 a. Murder;
448 b. Sexual battery;
449 c. Robbery;
450 d. Burglary;
451 e. Arson;
452 f. Aggravated battery;
453 g. Kidnapping;
454 h. Escape;
455 i. Sale, manufacture, delivery, or intent to sell,
456 manufacture, or deliver any controlled substance;
457 j. Aircraft piracy;
458 k. Aggravated child abuse;
459 l. Aggravated abuse of an elderly person or disabled adult;
460 m. Unlawful throwing, placing, or discharging of a
461 destructive device or bomb;
462 n. Carjacking;
463 o. Home-invasion robbery;
464 p. Aggravated stalking;
465 q. Trafficking in cannabis, trafficking in cocaine, capital
466 importation of cocaine, trafficking in illegal drugs, capital
467 importation of illegal drugs, trafficking in phencyclidine,
468 capital importation of phencyclidine, trafficking in
469 methaqualone, capital importation of methaqualone, trafficking
470 in amphetamine, capital importation of amphetamine, trafficking
471 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
472 (GHB), trafficking in 1,4-Butanediol, trafficking in
473 Phenethylamines, or other violation of s. 893.135(1); or
474 r. Human trafficking
,
475
476 and during the commission of the offense, such person possessed
477 a semiautomatic firearm and its high-capacity detachable box
478 magazine
, an assault weapon or a large-capacity magazine as
479
those terms are defined in s. 790.301,
or a machine gun as
480 defined in s. 790.001, shall be sentenced to a minimum term of
481 imprisonment of 15 years.
482 2. Any person who is convicted of a felony or an attempt to
483 commit a felony listed in subparagraph 1., regardless of whether
484 the use of a weapon is an element of the felony, and during the
485 course of the commission of the felony such person discharged a
486 semiautomatic firearm and its high-capacity box magazine
, an
487
assault weapon or a large-capacity magazine as those terms are
488
defined in s. 790.301,
or a
“
machine gun
”
as defined in s.
489 790.001
,
shall be sentenced to a minimum term of imprisonment of
490 20 years.
491 3. Any person who is convicted of a felony or an attempt to
492 commit a felony listed in subparagraph 1., regardless of whether
493 the use of a weapon is an element of the felony, and during the
494 course of the commission of the felony such person discharged a
495 semiautomatic firearm and its high-capacity box magazine
, an
496
assault weapon or a large-capacity magazine as those terms are
497
defined in s. 790.301,
or a
“
machine gun
”
as defined in s.
498 790.001 and, as the result of the discharge, death or great
499 bodily harm was inflicted upon any person, the convicted person
500 shall be sentenced to a minimum term of imprisonment of not less
501 than 25 years and not more than a term of imprisonment of life
502 in prison.
503 Section 3.
If any provision of this act or its application
504
to any person or circumstance is held invalid, the invalidity
505
does not affect other provisions or applications of the act
506
which can be given effect without the invalid provision or
507
application, and to this end the provisions of this act are
508
severable.
509 Section 4. This act shall take effect October 1, 2026.