22 August 2013

Legal Oddities

The interaction between state and federal law is interesting at times.

In Florida; it is illegal to own certain NFA items.

790.221Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.(2) A person who violates this section commits a felony of the second degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.

You'll notice that there's an exception.

What if the Feds legalize those things?  There's been talk of ending NFA for silencers and short barrel rifles.  If you can't properly register them, are they illegal in Florida now?  The law as written sure seems to say that.

Interestingly, it appears that silencers are not prohibited by Chapter 790 which is where all the gun laws live.  Additionally I am not finding any Florida law about silencers at all.

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