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

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.

In the last few days a letter has surfaced on the Internet reportedly written to a small shotgun maker, which states that shouldering a Sig Sauer SB 15 pistol stabilizing brace could change a firearms classification to a short barrel shotgun.

The letter was written in response to Black Aces Tactical’s request related to a short-barreled shotgun that was designed to incorporate the SB 15 Brace. Black Aces Tactical submitted a sample which they say had an overall length of 27 inches. The sample had a SigTac SB15 arm brace attached as well as a vertical foregrip. The brace is intended to allow a shooter to fire and an AR pistol with one hand using a Velcro strap to attach to the arm.
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Great news! The ASA is reporting that the time to process a Form 4 with a Gun Trust has continued to decrease and looks like the time will continue to decrease. Less than a year ago the average wait time was in excess of 12 months. A few months ago the time was reduced to 6-9 months. The current time is 4-6 months, and if you are processing a trust now, you could see an even shorter time as ATF clears their backlog. ATF is continuing to hire and train more people to process the increasing number of ATF Form 4s and Form 1s.

Even better news is that we may see a new electronic Form 4 announced in January at the Shot Show.

41P UPDATE
ATF has indicated that they are not expecting a final ruling on 41P until May 2015 at the earliest. Those of you in panic mode to submit your Form 4s, you may have some extra time. There are over 9000 comments that were filed during the comment period. To read some fo the comments follow this link http://www.regulations.gov/#!docketDetail;D=ATF-2013-0001

To read the https://www.guntrustlawyer.comment and the other Major comments to 41P see our 41P comment page

cancannon.jpg

X-Products has announced a new product the Can Cannon. At $399 it sounds like fun. I have ordered one to try out and report back on. Watch for updates.
Their website states:

More fun than anyone should have… The Can Cannon is a patent pending launching device that uses a propriatary gas ported barrel and pressure tube to launch heavy, thin wall objects, without burning a hole in them or directing hot gas directly into them. Currently set up for launching full un-opened 12oz soda cans, when used with standard mil spec blanks it can reach an average distance of 105 yards!

Why would you launch a soda can? Because it’s fun! Plus, it’s an incredibly fast and fun decoy to shoot at. Every demonstration leads to more smiles and laughs than any product we’ve ever introduced. BATFE approved design is not considered a Destructive Device or firearm.

//www.youtube.com/watch?v=eevV9mpkUrE

This is another one of those issues where the answer is not can you do but what should you do. Technically, you do not have to have a copy of your Form 1 or Form 4 for anyone other than the Attorney General, the ATF or an agent or investigator upon request.

Some recent case law has stated that a police officer is not an investigator or agent or the ATF and as such has no right to request to see your ATF form. I cannot believe the amount of money and or the risk that the individual took when a copy of the document on your cell phone or in your gun bag would have avoided the issue. In addition, there is nothing to state that a judge in your state or where you are asked for the paperwork would rule the same way.

The NFA requires that a person possessing a firearm registered in the National Firearms Registration and Transfer Record (NFRTR) retains proof of registration which must be made available to the Attorney General, specifically an ATF agent or investigator, upon request.

So the answer is you might not need to if you are willing to spend months and thousands of dollars should you be arrested, but the smart move would be to have a copy with you to avoid all the potential problems.

ATF is pleased to announce the availability of revised ATF Form 1, Application to Make and Register a Firearm, and ATF Form 5, Application for Tax Exempt Transfer and Registration of Firearm.

The ATF Form 1 has been revised to allow the payment of the making tax by use of a credit or debit card. This is a new option that was requested by the industry. Payment by check or money order will still be allowed when the application is submitted on paper.

The Form 1 and Form 5 have been revised to incorporate the questions relating to non-immigrant status that are contained in ATF Form 5330.20, Certification of Compliance with 18 U.S.C. 922(g)(5)(B). Form 5330.20 is to be submitted when the applicant maker is an individual, not a legal entity. With a submission of the revised Form 1, the submission of Form 5330.20 will not be required. This revision was also requested by the industry.

For eForm filings, the prior version of the Forms 1 and 5 will continue to be used until we are able to update the form versions in the eForms system. Since the eForm 1 may only be filed by legal entities or government agencies and the eForm 5 is for transfer by a qualified Federal firearms licensee when the transferee is a government agency, the answering of the questions is not required as they are for an individual applicant maker or transferee.

When these forms become available we will post links to them and provide instructions for completeing them.

You need to timely dispute the ATF denial. ATF is denying these applications under 922 (O) (1)

Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

But if you read the section 922 (O) (2) (A), the exception, states that:

a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or

An approved Form 1 is under the authority of the United States or a department or agency thereof.

Is ATF claiming they are not an agency or department of the United States? Interesting, but they would have a hard time explaining this.

If you would like help filing your appeal, contact us ASAP before your right to appeal the wrongful denial cannot be appealed.

Note and Disclaimer: This is unsettled law, and there is no guarantee that you will be approved in an appeal of your denail

We understand that ATF has approved a number of applications to permit Gun Trusts to manufacture machine guns and then rescinded the tax stamp to make the machine gun.

Many others have reported to us today that their Form 1 was disapproved by the ATF with the following reason:

Reasons For Disapproval

THE GUN CONTROL ACT OF 1968 (GCA), AS AMENDED, PROHIBITS ANY PERSON FROM POSSESSING A MACHINEGUN NOT LAWFULLY POSSESSED AND REGISTERED PRIOR TO MAY 19, 1986. SEE 18 U.S.c. § 922(0). THE GCA DEFINES THE TERM “PERSON” TO “INCLUDE ANY INDIVIDUAL, CORPORATION, COMPANY, ASSOCIATION, FIRM, PARTNERSHIP, SOCIETY, OR JOINT STOCK COMPANY.” SEE 18 U.S.c. § 921(A)(1). PURSUANT TO THE NFA, 26 U.S.c. § 5822, AND IMPLEMENTING REGULATIONS, 27 C.F.R. § 4 79.105(A), ATF MAY NOT APPROVE ANY PRIVATE PERSON’S APPLICATION TO MAKE AND REGISTER A MACHINEGUN AFTER MAY 19, 1986.

THE FACT THAT AN UNINCORPORATED TRUST IS NOT INCLUDED IN THE DEFINITION OF “PERSON” UNDER THE GCA DOES NOT MEAN THAT AN INDIVIDUAL MAY AVOID LIABILITY UNDER SECTION 922(0) BY PLACING A MACHINEGUN “IN TRUST.” CONSEQUENTLY, IN TERMS OF AN UNINCORPORATED TRUST, ATF MUST DISREGARD SUCH A NON-ENTITY UNDER THE GCA AND CONSIDER THE INDIVIDUAL ACTING ON BEHALF OF THE TRUST TO BE THE PROPOSED MAKER/POSSESSOR OF THE MACHINE GUN.

It would seem that the ATF does not consider their approval to be governmental authority. The personal possession has an exception that deals with machine guns under the authority of the government.

If you received an approval and it was receinded and would like to explore your options please contact us.

ATF is pleased to announce the return of the following eForms to active service: ATF Form 5 on 8/27/2014, ATF Form 9 on 9/2/2014, and ATF Form 5300.11 (AFMER) on 9/5/2014.

Please note that at this time no date has been determined for the return of the ATF Forms 3 and Form 4 to service on the current platform. In the interim, ATF has devoted additional resources to paper forms processing within the NFA Branch to augment the volume of receipts and current pending applications.

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