Florida AG Advises That Law-Abiding Residents May Own Short-Barreled Rifles and Shotguns

TALLAHASSEE, Fla. — On November 6, Florida Attorney General James Uthmeier issued a memo to the state’s law enforcement agencies and prosecuting authorities stating that “all law-abiding residents of the State of Florida may now possess a short-barreled rifle (‘SBR’) or short-barreled shotgun (‘SBS’) without fear of prosecution.”

The announcement makes Florida one of over half a dozen states to issue official guidance in relation to the ATF’s decision to not enforce NFA requirements nationwide after a Texas federal district court struck down portions of the NFA in August.

“Law-abiding Floridians may possess SBRs and SBSs without NFA registration, a tax stamp, or fear of prosecution under Florida law. We are issuing guidance and will not defend a conviction on appeal. This office will always defend the Second Amendment rights of peaceable citizens,” AG Uthmeier said in a statement.

“GOA fought the NFA in court, and on August 25, we formally asked Attorney General Uthmeier to clarify Florida statute Section 790.221. We applaud him for providing clear statewide guidance protecting law-abiding gun owners. Floridians should not face prosecution or have their firearms seized simply because they lack NFA paperwork for an otherwise lawfully possessed short-barreled rifle or shotgun. This is a major victory, and GOA will keep fighting until the NFA is fully repealed,” said Luis Valdes, Florida state director for Gun Owners of America, in a statement provided to News2A.

Responses from other states have ranged from complete endorsement of the ATF’s decision, such as in Idaho, to states aggressively affirming that they will prosecute unregistered firearms, like in Maryland.

In early October, a Florida State Attorney in the Eighth Judicial Circuit was one of the first authorities in the nation to declare that his circuit would not criminally prosecute possession of NFA firearms based upon the absence of registration alone. Suppressors are not prohibited in Florida.