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November 21, 2014

Florida becomes 33rd State to Legalize Hunting with Suppressors

Unlike most states which have changed the laws, In Florida you can hunt with Suppressors starting today.

This morning the following announcement was sent out by Marion Hammer the Executive Director of the SSF and past president of the NRA

DATE: November 21, 2014
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President

At their meeting in Key Largo, Florida, today, the Florida Fish and Wildlife Conservation Commission voted to remove the ban on using silencers/suppressors on pistols and rifles for hunting deer, gray squirrels, rabbits, wild turkeys, quail and crows.

Using silencers/suppressors on pistols, rifles and shotguns for all other legal hunting was already allowed.

Following the suppressor vote, the Commission also voted to authorize an Executive Order to lift the ban immediately and allow hunting with suppressors to being at once.

Following that vote, Executive Order # EO 14-32 was signed. Using suppressor-equipped rifles, pistols and shotguns is now legal for all hunting in Florida.


I would expect a huge increase in Suppressor sales like we have seen in other states after permitting hunting wihit suppressors

November 19, 2014

Florida Vote on Hunting with Suppressors this week- Time to Get a Florida Gun Trust

It is expected that the Florida Fish and Wildlife Conservation Commission will repeal the 1957 ban on hunting with a sound suppressor.

This change will remove the prohibition on the use of suppressed firearms for taking (hunting) deer, gray squirrels, rabbits, wild turkeys, quail and crows.

10 states have recently permitted hunting with suppressor and now there are 32 other states besides Florida that permit hunting of game animals with suppressors

If you are looking to purchase a suppressor in Florida, you should do so now because of what we have seen in other states as a direct result of permitting hunting with suppressors. Within the next week to ten days you may not be able to find an unsold suppressor in the state.

If you purchase a suppressor as an individual you must get a CLEO signature and fingerprints. If you use a Gun Trust, all that is required is a NICS check like with any other firearm. As many CLEOs in FL refuse to sign Form 4s, a Gun Trust is a great alternative and gives a lot of flexibility to those wanting to use TItle II firearms.

if you want to post a comment for the FWC staff about suppressors follow this LINK.

June 10, 2014

Florida to Discuss Hunting with Suppressor Next Week

I received an email regarding a clarification of the previous version of this blog.
The email I received was to clarify what was happening and stated that there will be discussions with their Commissioners to let them know that they are taking a look at the issue of hunting GAME animals with a suppressor in Florida and plans to bring a draft rule change for the Commissions consideration at the September Commission meeting.

At that time, the proposal would be to allow the use of suppressors for hunting Game animals. The hunting of Game animals in is permitted in a majority of states and Florida, which usually leads the nation in gun legislation, is clearly in the minority.

No action or decision on the issue will take place next week and it would likily be many months before such a rule change could become effective.

Remember that no action or decision requested from Commissioners on this issue next week, it is only to let the Commission know that the FFW, Division of Hunting and Game Management is thinking of making such a proposal in September.

Currently it is not legal to hunt Game animals with suppressors in Florida, but some hunting with suppressors is permitted in Florida. If you would like to know what is permitted, please see this article on Hunting in Florida with a Suppressor.

June 3, 2014

Can I Hunt in Florida with a Suppressor (Silencer)? Updated

To answer this question you must look a the Florida Statutes and Florida Administrative code. While Florida Law does not specifically grant the right to use a suppressor while hunting in certain conditions, you must remember that laws do not grant rights they restrict them so by interpreting what rights you do not have, you can determine what is left.

In Florida there are four classifications of land:

  1. Wildlife Management Areas;
  2. Wildlife and Environmental Areas;
  3. Public land that are not classified as Wildlife Management Areas or Wildlife and Environmental Areas ; and
  4. Private land.

You may not take GAME animals (mammals or birds) or Crows with a suppressor or machine gun on any type of land. Per FAC 68A-12.002

You may not take wild hogs on Wildlife Management Areas and Wildlife Environmental Areas (per FAC 68A-15.004 and 68A-17.004), but can use a suppressor to take other non game animals such as furbearers unless prohibited to be hunted the area brochure or the area brochure prohibits the use of suppressors.

Game animals include Resident Game Birds, Resident Game mammals, Migratory Game Birds and Protected Mammals.

See http://myfwc.com/hunting/regulations/taking-game/

Neither Florida Law nor Florida Administrative Code restricts the use of suppressors (silencers), on private land, to take varmint, furbearers, non native game animals. In addition, suppressors can be used to take wild hogs on public land that is not classified as a Wildlife Management Area or Wildlife and Environmental Area.

Here are some definitions that will help make sense of these two statements.

  • Game birds --Wild turkey, quail, rails, snipe, woodcock, ducks, geese, brant, dove, coot, common moorhen, and non-native species generally considered game such as pheasant, chukar partridge, and coturnix quail.

  • Resident game mammals --deer, gray squirrels and rabbits

  • Furbearers --bobcats, otters, raccoons, opossums, coyotes, beavers, skunks and nutrias

  • Migratory game birds --ducks, geese, common moorhens, coots, snipe, rails, woodcocks, mourning doves and white-winged doves

  • Protected mammals --Florida black bears, fox squirrels and Florida panthers cannot be taken or pursued.

Suppressors can be used on private land in Florida to take some animals as indicated above. Suppressors (silencers) should not be used to take any Game animal (mammal or bird) crow, or wild pig in a Wildlife Management Area or Wildlife and Environmental Area and non game animals (wild pigs or furbearers), may be taken on other public land that is not classified as a Wildlife Management Area or Wildlife and Environmental Area.

August 16, 2011

Florida Passes Pro 2nd Amendment Legislation: Penalties for Violating Firearms Preemption Law

Starting October 1st, any public official who passes or enforces gun regulations below the state level. State officials who enact or enforce local gun laws in violation face a $5,000 personal fine and could even be removed from office by the governor.

The new law is called the Penalties for Violating Firearms Preemption Law, the new statute forces the repeal of any and all regulations, policies, and ordinances that violate the firearms preemption law of 1987. We are already hearing that the passage is having an impact on town and county officials who are scrambling to come into compliance by the October 1 deadline.

The Orlando Sentinel reported on the changes now underway that:

"Orange County employees have started removing 'no firearms' signs at county parks, and soon they'll probably black out the same words on brochures. In Groveland, leaders recently erased from the books an ordinance that banned firing a gun into the air....in Boca Raton, the "no guns allowed" sign has come down at City Hall. In Lake County, commissioners recently deleted a provision in an ordinance that would have banned firearms on public lands, including its parks."
September 11, 2009

Mayors Against Illegal Gun - 50 Florida Mayors remain members

From the NRA:
Despite its very misleading name, this national group of anti-gun mayors has lobbied Congress against national reciprocity of state Right-to-Carry permits, against much-needed reform of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), for regulating gun shows out of existence, and for repealing the Tiahrt Amendment that protects the privacy rights of law-abiding gun owners and limits disclosure of sensitive firearm trace data to protect law enforcement personnel and protect lawful gun manufacturers from bogus lawsuits.

You can contact them by using the information provided on this Map. Please call , email and write your mayor today and ask them to support law abiding gun owners by disassociating themselves with Bloomberg and "Mayors Against Illegal Guns"

Atlantic Beach:Mayor John S. Meserve
Atlantis:Mayor Manny Fernandez
Aventura:Mayor: Susan Gottlieb
Bowling Green: Mayor Perry Knight
Cooper City:Mayor Debby Eisinger
Coral Springs:Mayor Scott J. Brook
Doral: Mayor Juan Carlos Bermudez
El Portal:Mayor Joyce A. Davis
Fernandina Beach:Mayor Bruce Malcolm
Fort Myers:Mayor Jim Humphrey
Greenwood:Mayor Charles Sanders
Hallandale Beach:Mayor Joy Cooper
Haverhill:Mayor Joseph S. Kroll
Hollywood:Mayor Peter Bober
Hypoluxo:Mayor Kenneth Schultz
Jacksonville:Mayor John Peyton
Kenneth City:Mayor Muriel H. Whitman
Keystone Heights:Mayor Mary Lou Hildreth
Largo:Mayor Patricia Gerard
Lauderdale: LakesMayor Barrington Russell
Lauderdale-By-The-Sea:Mayor Roseann Minnet
Lauderhill:Mayor Richard J. Kaplan
Malone:Mayor Gene Wright
Miami:Mayor Manuel Diaz
Miami Beach:Mayor Matti Herrera Bower
Miami-Dade County:Mayor Carlos Alvarez
Naples:Mayor Bill Barnett
Neptune Beach: Mayor Harriet Pruette
Newberry:Mayor John Glanzer
Niceville:Mayor Randall Wise
North Miami:Mayor Andre Pierre
North Miami Beach:Mayor Raymond Marin
North Palm Beach:Mayor David B. Norris
Oak Hill:Mayor Darla Lauer
Opa Locka:Mayor Joseph L. Kelley
Orlando:Mayor Buddy Dyer
Ormond Beach:Mayor Fred Costello
Pembroke Park:Mayor Emma Shoaff
Pembroke Pines:Mayor Frank C. Ortis
Pompano Beach:Mayor Lamar Fisher
Port St Lucie:Mayor Patricia Christensen
Tallahassee:Mayor John Marks III
Tamarac:Mayor Beth Talabisco
Tampa:Mayor Pam Iorio
West Palm Beach:Mayor Lois Frankel
Windermere:Mayor Gary Bruhn
Winter Park:Mayor David C. Strong
The following mayors in Florida have already resigned their MAIG membership due to your grassroots efforts:

Boynton:Mayor Jerry Taylor
Dundee:Mayor Linda Riner-Mizell
Madeira Beach:Mayor Patricia J. Shontz
Key West:Mayor Morgan McPherson
Palm Shores:Mayor Carol McCormack
Tarpon Springs:Mayor Beverly Billiris
Winter Springs:Mayor John F. Bush
September 8, 2009

Jacksonville's Mayor John Peyton Joins Anti-Gun Group

Jacksonville Mayor John Peyton Joined "Mayors Against Illegal Guns" which was founded and funded by the anti-gun Mayor Michael Bloomberg.

The name of the organization is very misleading as the NRA calls the organization a front group to lobby Congress to oppose important pro-gun reforms and support new federal gun control restrictions.

Please email or write Mayor Peyton and ask him to support law-abiding gun owners by publicly disassociating himself with Michael Bloomberg and "Mayors Against Illegal Guns".

While none of us would support illegal guns, this organization is designed to prohibit and restrict legal guns.

Mayor John Peyton
117 W. Duval St., Suite 400
Jacksonville, Florida 32202
904-630-1776 and jpeyton@coj.net
August 31, 2009

Florida Man Arrested for Constructive Possession of an SBR

crime-tape.jpgNFA firearms and Constructive Possession. Some said it would never happen, but it seem that just recently Jesus Amador was arrested for possession / Constructive possession of an SBR.

Florida law does not allow individuals to possess the pieces to readily build an SBR, SBS, or Machine Gun unless permitted to do so under Federal law. While he may have been enticed by the police to take an action that he would not have taken, he eventually showed up to unknowingly sell the items to a police officer. Upon doing so 7 police officers at gun point slammed him to the ground and arrested him (as reported by Joshua Prince on his gun blog and by Mr Amador on Florida Gun Trader)

While some may say that this is a possession issue and not constructive possession, the fact is that constructive or actual possession are only ways to prove possession and as such there may be little significance between the two.

If you are going purchase, own, or use NFA firearms make sure you are protected by using a NFA Gun Trust that deals with these special firearms as Title II firearms and not as a traditional asset like a house, care, boat, bank account, or picture on the wall. If you do not believe there is a difference, call us and we will explain how they are different and why you need a gun trust for your firearms.

July 9, 2009

Can I Carry an SBR Concealed with a CWP?

sbr.jpgGenerally an SBR is considered no different than a riffle under most state laws. With this in mind, you have to look at your CWP statutes to see how a weapon or firearm is defined for purposes of the statute.

In Florida, the statute that deals with Concealed weapons and firearms defines what can be carried  (Florida Statute 790.06 -License to carry concealed weapon or firearm) which states:

(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

This means that an SBR cannot be carried concealed in Florida. In addition, a Machine Gun Pistol would not be able to be carried concealed with a Florida CWP.


June 25, 2009

Florida Friends of NRA

In an effort to support the NRA, the Law Office of David M. Goldman PLLC has donated a NFA Gun Trust to be auctioned off at each of the 13 remaining NRA Fund Raising Banquets in Florida. Please help support the NRA by attending one of these banquets. Contact Laura Watson with questions at 904-348-8020.  

June 18, 2009

Florida NFA Trust Lawyer for Title II Guns and Firearms

We are licensed in Florida and have lawyers and attorneys who provide Florida Gun Trusts in Jacksonville, Miami, Tampa, St. Petersburg, Orlando, Hialeah, Fort Lauderdale, Tallahassee, Cape Coral, Port Saint Lucie and all over Florida. If you are interested in information on Florida NFA Gun Trusts (or NFA Firearms Trusts in any state ) and how they are different from regular trust email us or call us for more information.

May 27, 2009

Governor Charlie Crist Vetoed Concealed Weapons Trust Fund Raid

This morning, Governor Charlie Crist used his veto pen to veto the $6 Million raid on the Concealed Weapons and Firearms Licensing Trust Fund sweep put in the budget by the legislature.

Governor Crist deserves our profound appreciation for his veto.

The legislature intended to take $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program.  That would have been a DEFACTO TAX ON GUN OWNERS.

Please Call, Fax, or Email Governor Charlie Crist and thank him for the VETO OF THE SECOND AMENDMENT TAX created by the intended sweep of $6 Million from the Division of Licensing Trust Fund.

Phone number: (850) 488-4441 or (850) 488-7146
Fax number:  (850) 487-0801

Send your email to the Governor at this address:

Charlie.Crist@MyFlorida.com
May 22, 2009

BATFE seeks to seize NFA firearms from an Invalid Quicken Trust

Joshua Prince alerted me to a blog post on a developing situation he ran across on Subguns where an individual used Quicken to attempt to create a trust for NFA purposes.  Unfortunately the BATFE has now decided that his Quicken trust was invalid and is seeking to seize his MAC-11 and Silencer.  He could also be subject to a prison sentence of 10 years and $250,000 in fines.

This is a very unfortunate situation that could cost the individual severely. Its important to remember that just because the ATF approves your transfer, it does not mean that you are legally in possession.  This is the second situation involving invalid trusts and the ATF that we have seen this month. It looks like the ATF is beginning to look more closely at the trust documents they are receiving.

If you created a trust for NFA purchases in Quicken, Legal Zoom, or used another generic trust that was not reviewed before by a lawyer before submitting it to the BATFE, you should contact a NFA trust attorney to review your trust for validity.  If you need help finding a local NFA Trust Lawyer we can help.  We work with attorneys in more than 40 states including Florida Gun Trust Lawyer®s and South Carolina NFA lawyers to help review and create valid NFA trusts.

Note: At this time the link to the subguns has been taken down because of questions.  We believe this posting is authentic based upon correspondence with the individual but will update this post as the situation and our agreement with the individual (if any) allows.


Note: We have verified that the claims by the individual are true and they have been resolved by a Gun Trust Lawyer® (see the May 26th posting for more details).

May 12, 2009

Florida Legislators Attempt to Raid CCW Trust Fund

The Florida Legislature is attempting to raid the concealed weapons and firearms licensing trust fund.  This will effect resident and non-resident CCW license holders!

the NRA is asking that you contact Governor Charlie Christ by phone, fax or email to ask him to veto Conference Report SB-2600.  Section 59 is what authorizes the sweep of 75% of the trust funds for other purposes.

Phone number: (850) 488-4441 or (850) 488-7146
Fax number:  (850) 487-0801

Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
May 4, 2009

Can a Felon Possess a Firearm in Florida?

antiquefirearm250x186-495.jpgAt first glance, Florida has a funny quirk with the way firearms are defined that allows a Felon to possess certain firearms that are not defined as firearms under Florida law.  Upon further investigation, the federal law also exempts antique firearms from the definition of a firearm.  I was recently asked if a convicted felon could possess a black powder gun for hunting in the state of Florida. The answer to this question depends on the gun itself. 

Florida Statutes 790.001(6) defines a Firearm as as any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Florida Statutes 790.001(1) defines an Antique Firearm as any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
So it would appear that a Felon could own certain black powder guns in Florida as long as the firearm was not used in the commission of a crime.  There has even been some case law dealing with black powder firearms owned by a felon.

In 2005, Florida's 5th DCA, affirmed the lower courts ruling that David Bostic, a convicted felon, had violated the law by being in possession of a firearm.  Bostic had claimed that his black powder firearm was an antique firearm and thus exempt from the restrictions place upon him.  The court agreed that he was able to own an antique firearm but disagreed that his firearm was an antique.  The court stated that Florida case law defines replica as a reasonably exact reproduction of the object involved that, when viewed causes the person to see substantially the same object as the original. The DCA found that Bostic's gun was not a replica because the original did not have a fiber optic sight that was present on his gun.  The court also stated that merely having an ignition system similar to that found on an antique firearm is not sufficient to render a firearm a "replica" of a firearm manufactured in or before 1918.

In Williams, the Florida Supreme Court in dicta dealing with the concealment of an antique firearms states that the result of such an interpretation to allow convicted felons to be in possession of antique firearms is absurd.  And that a basic tenet of statutory construction is to not yield an absurd result.

While these two cases seem to contradict each other, both courts find a reason to deny the felon possession of an antique firearm.  There are no cases which state approve the possession of an antique firearm by a felon.

This topic was also covered on the Jacksonville Criminal Defense Lawyer Blog by Florida Criminal Lawyer