Florida's Attorney General Just Gave Gun Owners Another NFA Victory

Florida Attorney General James Uthmeier has been absolutely fantastic on Second Amendment issues, and he's delivered yet another win to gun owners in the Sunshine State. This one, though, might be more temporary than some of his other moves like deciding not to appeal a court decision that found the state's ban on open carry in conflict with the right to keep and bear arms.

Uthmeier's latest legal pronouncement has to do with short-barreled rifles and shotguns. The AG says 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."

Florida Statute 790.221 generally makes possession of short-barreled rifles, short-barreled shotguns and machine guns a second-degree felony, subject to statutory exceptions.

But the law contains an exception for firearms lawfully owned and possessed under federal law.

Uthmeier argues that recent federal developments mean those exceptions now protect Floridians who possess short-barreled rifles and shotguns.

"My office has carefully reviewed these developments and determined that it is no longer unlawful to possess an SBR or SBS under section 790.221, Florida Statutes," he wrote.

The memorandum represents the attorney general's legal interpretation of the statute, rather than a repeal of the law by the Florida Legislature.

The making and transfer taxes on short-barreled firearms and suppressors were zeroed out in the One Big Beautiful Bill Act, and after a federal judge in Texas issued an injunction after concluding that without the taxes there is no congressional authority to impose registration of NFA items, the Department of Justice and ATF have taken the position that those items can now be purchased using the same process as non-NFA firearms. 

But just as the state legislature hasn't repealed the statute dealing with the possession of NFA items, Congress hasn't repealed the NFA altogether. If the incoming Democrat majorities manage to reinstate a tax on these items, then the justification for the injunction imposed by the federal judge in Texas disappears. 

And if that happens, the rationale for the DOJ and ATF's position goes away as well. Even if the current administration keeps the new policy in place, it would almost certainly be reversed the next time a Democrat wins the presidency. At that point, Uthmeier's position would shift from solid legal footing to untenable ground. 

Any attempt to reimpose NFA tax and registration requirements would likely come with an amnesty period for those who purchased suppressors and short-barreled firearms, at least at the federal level, but that doesn't change the fact that these victories can be undone. Republicans used the reconciliation process to zero out these taxes, and Democrats could use reconciliation to resurrect them. 

I suspect that the White House is going to fight any Democrat budget bill tooth and nail, and my guess is we'll see a government shutdown at some point over a budget impasse. Whether the NFA taxes remain zeroed out when the budget battle ends is anyone's guess at this point. 

Uthmeier has once again acted in the best interest of Floridians and their Second Amendment rights, and he should be applauded for taking this important step. But with gun owners at the mercy of the party in power when it comes to the NFA, the bigger legal victories are going to have to come from federal courts willing to confront the constitutionality of the NFA itself.

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