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Oriental Redneck
Picture of 12131
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And just like that, the flood gate is opened. Every vendor and their mother are selling SBRs and suppressors via 4473 only. What a great time for freedom and to remind folks how dark it would be, had the Kackle won.


Q






 
Posts: 31497 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
Fighting the good fight
Picture of RogueJSK
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quote:
Originally posted by 12131:
What a great time for freedom


And for gun parts dealers, suppressor shops, stock manufacturers, threaded barrel factories, and AR upper makers, as well as hacksaw/bandsaw blade companies. Q4 revenue is going to see a huge jump.

But while you're celebrating this weekend, pour one out for the homeys at pistol brace manufacturers like SB Tactical and KAK, whose businesses just tanked. Big Grin
 
Posts: 35554 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
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quote:
Originally posted by benny6:
So am I to assume that in FL, I can now install a rifle buttstock onto my AR pistol and make a legal SBR for my own use, that I already own, without any NFA paperwork now?

I can also now buy 14.5" AR uppers and convert my personal rifle (not to be sold) into a proper M4?

Tony.


State law says ney ney

Florida Statute § 790.221(3) RELATED TO SBR, SBS, AOW

Florida Statute § 790.221(3) states (in summary) it is a second-degree felony to have an unregistered SBR, SBS or AOW. If you want certainty before you build or buy one, talk to a Florida attorney that specializes in firearms. A stamped SBR remains the clearest fit for Florida's federal-law exception.
 
Posts: 28647 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
Frangas non Flectes
Picture of P220 Smudge
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quote:
Originally posted by sigfreund:
That’s something that should be carved in stone someplace where everyone could see it.

But would they read it?
Probably not. Frown


What you quoted, I was surprised to see somehow got posted. It was a reply to KY John Deere on my phone last night and I went over to my PC instead to post what I replied with last night. I don't know how, but me being on my phone browsing the internet earlier somehow posted what I had started to reply with. It wasn't my intent to keep stomping on KYJohnDeere, so my apologies to him, and I deleted it. Smile


quote:
Originally posted by RogueJSK:
But while you're celebrating this weekend, pour one out for the homeys at pistol brace manufacturers like SB Tactical and KAK, whose businesses just tanked. Big Grin


Actually, I think KAK is poised to do really well out of this. In the last year, they targeted the budget end of the suppressor mount and muzzle device market and they've been absolutely killing it with the price to quality ratio. I have a number of KAK suppressor mounts and highly recommend them. They're gonna be just fine. SB Tactical, on the other hand.... Eek Razz


______________________________________________
"If the truth shall kill them, let them die.”

"A man who does not read has no appreciable advantage over a man who cannot read."
 
Posts: 19322 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Savor the limelight
posted Hide Post
quote:
Originally posted by HRK:

State law says ney ney

Florida Statute § 790.221(3) RELATED TO SBR, SBS, AOW

Florida Statute § 790.221(3) states (in summary) it is a second-degree felony to have an unregistered SBR, SBS or AOW. If you want certainty before you build or buy one, talk to a Florida attorney that specializes in firearms. A stamped SBR remains the clearest fit for Florida's federal-law exception.


790.221
(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.

No need for summaries as they are short to begin with. Plus, it's harder to mess up a direct quote.
 
Posts: 14974 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
Member
Picture of mark60
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quote:
Originally posted by trapper189:
quote:
Originally posted by HRK:

State law says ney ney

Florida Statute § 790.221(3) RELATED TO SBR, SBS, AOW

Florida Statute § 790.221(3) states (in summary) it is a second-degree felony to have an unregistered SBR, SBS or AOW. If you want certainty before you build or buy one, talk to a Florida attorney that specializes in firearms. A stamped SBR remains the clearest fit for Florida's federal-law exception.


790.221
(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.

No need for summaries as they are short to begin with. Plus, it's harder to mess up a direct quote.



#3 either makes SBR's legal or just clouds the waters. Hopefully we'll have more clarity soon.
 
Posts: 4026 | Location: Sunshine State | Registered: July 01, 2006Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
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^^ Federal Law and/or 'provisions of federal law' with respect to that FL statute have not changed. Nothing 'really' changes until Congress takes legislative action.


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Posts: 11273 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
Freethinker
Picture of sigfreund
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I will delete my previous comment as well although failures to read are not limited to this thread.




“Wise men talk because they have something to say; fools, because they have to say something.”
— Plato
 
Posts: 50017 | Location: 10,160 Feet Above Sea Level in Commirado | Registered: April 04, 2002Reply With QuoteReport This Post
Frangas non Flectes
Picture of P220 Smudge
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quote:
Originally posted by sigfreund:
I will delete my previous comment as well although failures to read are not limited to this thread.


Thank you, sir. Smile

You know, I read that here somewhere once or twice before and it was excellent enough to stick, so I think it's probably signature-worthy. May it perpetuate. Wink

In the interests of contributing and staying relevant, here's some input from Mark Smith. I appreciate his perspective on legal stuff.



______________________________________________
"If the truth shall kill them, let them die.”

"A man who does not read has no appreciable advantage over a man who cannot read."
 
Posts: 19322 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Member
Picture of mark60
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I did some digging and found the following on FFL Safe

In a tied state, the law says something like “allowed if registered under federal law” or “allowed if lawful under federal law.” So does an item held unregistered under ATF’s non-enforcement policy count? We checked every state’s statute text, and our conclusion is no. ATF has stopped enforcing registration, but Congress hasn’t repealed it, and ATF itself still calls unregistered items contraband. In a tied state, treat an unregistered item as illegal under state law. ATF still accepts Form 1 and Form 4 on a voluntary basis, so register before you make or receive the item. Federal law generally doesn’t let you register one after the fact.

For FFLs, this isn’t academic. Federal law (18 U.S.C. 922(b)(2)) already prohibits you from transferring a firearm in violation of the buyer’s state or local law. In a tied state, transfer only an item with an approved Form 4 (or an approved Form 3 to another SOT). ATF’s policy doesn’t change that, and getting it wrong can cost you your license.
“Registered” vs. “compliance” wording: why it matters

Tied states use two basic kinds of wording, and the difference changes how strong the argument is for an unregistered item.

“Registered” or “tax stamp” wording. The law protects only an item that is actually registered. An unregistered item is, by definition, not registered, so there is no gray area. This group includes Alaska, Georgia, Louisiana, Maryland, Montana, Nevada, Ohio, Oregon, South Dakota, Washington, and Wisconsin.
“Compliance” or “lawful under federal law” wording. The law protects an item that is lawful, authorized, or in compliance with federal law. Some people will argue that ATF’s non-enforcement makes an unregistered item “lawful.” We disagree. Congress hasn’t repealed the registration rules, ATF still calls unregistered items contraband, and courts have held that federal agents tolerating conduct doesn’t make it lawful. No state court has accepted that argument yet.

Either way, our bottom line is the same: in a tied state, treat an unregistered item as illegal under state law
 
Posts: 4026 | Location: Sunshine State | Registered: July 01, 2006Reply With QuoteReport This Post
Peace through
superior firepower
Picture of parabellum
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Yes, I arrived at the same conclusion, and there are organizations such as FPC which are working to rectify the matter.

Noted here: https://sigforum.com/eve/forum...580074225#2580074225
 
Posts: 115044 | Registered: January 20, 2000Reply With QuoteReport This Post
Savor the limelight
posted Hide Post
quote:
Originally posted by mark60:
quote:
Originally posted by trapper189:
790.221
(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.

No need for summaries as they are short to begin with. Plus, it's harder to mess up a direct quote.



#3 either makes SBR's legal or just clouds the waters. Hopefully we'll have more clarity soon.


I would argue an absence of federal law provisions does not invalidate (3) because in the absence of provisions a person would still be in compliance with any and all provisions under federal law. Furthermore, by not implementing any additional restrictions or requirements beyond federal law, the Florida Legislature clearly intended to mirror federal law.

If the federal injunction doesn't apply to you, then you should not attach your AR pistol upper to your AR rifle lower in Florida. Oops, I better join GOA before I do it again with my firearms purchased from PSA.
 
Posts: 14974 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
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