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Petition to the Florida Supreme Court for a Written Opinion on Initiative Petition

July 26, 2019
By Ashley Moody

Validity of the Initiative Petition Entitled "Prohibits possession of defined assault weapons."

The proposition is titled “Prohibits possession of defined assault weapons.” The ballot summary defines assault weapon as “any semiautomatic rifle or shotgun capable of holding more than ten (10) rounds of ammunition ... in a fixed or detachable magazine.”

Florida Attorney General Ashley Moody argued in a July 26 filing with the Florida Supreme Court that the title and ballot summary of the proposition are misleading, because it does not disclose that “the amendment would ban the possession of virtually every semi-automatic long-gun.” Moody further argues that the proposition violates the single-subject requirement for citizen initiatives, because owners of “defined assault weapons” acquired before the amendment takes effect would be required to register their firearms.