Florida AG Says SBRs, SBSs No Longer Illegal Under State Law

Florida Attorney General James Uthmeier says law-abiding residents can now possess short-barreled rifles and shotguns without risking state prosecution, a position built on recent federal court and ATF action rather than any change to Florida's own statute.

Snapshot

Bearing Arms reports that Uthmeier issued a memorandum arguing that Florida Statute 790.221, which generally makes SBR and SBS possession a second-degree felony, no longer applies thanks to an exception for firearms lawfully possessed under federal law. The piece notes this interpretation rests on shifting federal ground, not a legislative repeal, which makes it more fragile than some of the AG's other Second Amendment wins.

Key points

• The claim: Uthmeier states that it's "no longer unlawful" for law-abiding Floridians to possess an SBR or SBS under state law.
• Federal backdrop: The One Big Beautiful Bill Act zeroed out making and transfer taxes on short-barreled firearms and suppressors, and a Texas federal judge's injunction concluded that without those taxes, Congress lacks authority to require NFA registration.
• ATF's response: DOJ and ATF now reportedly treat these items as purchasable through the same process as non-NFA firearms.
• Legal footing: Bearing Arms stresses this is an interpretation, not a repeal — Florida's legislature hasn't struck the underlying statute, and Congress hasn't repealed the NFA.
• Risk factor: The article warns that a future Democratic majority reinstating NFA taxes could unravel the injunction, the ATF policy, and Uthmeier's rationale all at once.

Quick take

Bearing Arms frames this as a real win for Florida gun owners but a politically reversible one, arguing that lasting change on SBRs and SBSs will ultimately require federal courts to rule on the NFA's constitutionality rather than relying on tax quirks and enforcement memos.

Read the full story: bearingarms.com