Florida AG says short-barreled guns are now legal without NFA stamps
Florida Attorney General James Uthmeier says law-abiding residents may now possess short-barreled rifles and shotguns without federal registration or tax stamps, citing recent federal court action and ATF guidance rather than any change to state law.
Snapshot
Uthmeier issued a memorandum stating that under Florida Statute 790.221's exception for firearms lawfully possessed under federal law, SBRs and SBSs are no longer unlawful to possess in the state. The position rests on a federal injunction and a shift in DOJ/ATF enforcement, not a legislative repeal, as reported by Bearing Arms.
Key points
- The ruling itself: Uthmeier wrote that "all law-abiding residents of the State of Florida may now possess" an SBR or SBS without fear of prosecution.
- The legal hook: Florida's felony statute on short-barreled firearms contains an exception for items lawfully owned under federal law, which Uthmeier says now applies.
- Federal backdrop: The One Big Beautiful Bill Act zeroed out NFA making and transfer taxes, and a Texas federal judge's injunction led DOJ and ATF to treat these items like non-NFA firearms.
- Not a repeal: Bearing Arms notes this is the AG's legal interpretation, not a change made by the Florida Legislature or Congress to the underlying statutes.
- Fragile foundation: Bearing Arms' Cam Edwards argues the whole arrangement could unravel if a future Congress reinstates NFA taxes or a new administration reverses ATF's current stance.
Quick take
This is a real, usable change for Florida gun owners right now, but it's built on stacked contingencies: an injunction, an executive-branch policy choice, and a tax rate set to zero by reconciliation. Edwards argues lasting protection will require federal courts to directly address the NFA's constitutionality, not just favorable interpretations that can shift with the next election.
Read the full story: bearingarms.com