Florida Suppressor Law Overview
Suppressor laws in Florida are a vital component of the state’s gun regulations, and are important to consider when carrying or using a gun. One of the most commonly asked questions when it comes to firearms ownership in Florida, the legality of using suppressors can have a huge impact on individuals and communities across the whole state. Therefore, it is important to understand the specifics of this law, and to know that our team has experience helping individuals to understand their legal rights . By learning more about suppressors in Florida and how these laws apply to you, you can be fully informed and prepared with regard to your gun ownership.
A suppressor is any mechanism or device that is used to muffle the sound of a gunshot. These can be electric or silencer based, meaning that they can serve to silence the sounds of a gunshot while you are firing your weapon. In some states, this tends to be a regulated area of law – but in Florida, the law is very much in favor of using suppressors and does not present a restrictive worry for gun owners like many other states.
Florida Law Versus Federal Law Regarding Suppressors
The intersection of federal and state laws on issues of suppressor ownership and use is an important topic for gun owners in Florida who are considering using a suppressor for the first time. For the most part, federal laws govern who is permitted to possess a suppressor and regulate the process for acquiring one. In most states, including Florida, state laws outline and regulate the second part of the equation, i.e., how and when suppressors can be used and will enforce those rules. At the federal level, suppressors are classified as NFA (National Firearms Act) firearms, meaning they are strictly regulated and their transfer is taxed. To legally own a suppressor, gun owners must pay a tax and fill out a Form 4 Application to Register a Firearm. In addition to a prior background check, this puts the applicant through some heavy federal vetting. Once the application process is properly completed, a gun owner should receive an AFT tax stamp within six months or so. After completing the federal process, a Florida resident can use his or her suppressor anywhere that other guns are permitted by law. The interplay of federal and state laws is fairly straightforward and simple. If a person properly possesses a suppressor under federal laws, those same rules govern the use of the suppressor in conjunction with any firearm.
Florida Requirements for Legally Owning a Suppressor
Florida law does not explicitly require you to obtain a permit to own a suppressor, however, federal law does. Suppressors are legal to buy in the state of Florida, but law enforcement agencies and federal organizations both recommend that any Florida citizen who purchases a suppressor goes about the purchase legally. When an individual buys a suppressor in Florida, they are required to both fill out a BATFE Form 4 and pay a $200 tax stamp. The $200 tax is simply added to the price of the suppressor, and should not interfere with your aims to acquire a suppressor. Also included in the BATFE Form 4 document is a complete background check on the purchaser of the suppressor.
If you are considering purchasing a suppressor, you will first want to file the BATFE Form 4. The BATFE Form 4 is a National Firearms Act (NFA) firearm form used by private citizens to apply for permission to make and/or transfer NFA firearms. The BATFE Form 4 may only be used when transferring (selling or giving) an NFA firearm to a private citizen (including trust beneficiaries). Once you have received a tax stamp, you may then feel comfortable contacting a dealer to complete the process.
Although the BATFE Form 4 is usually filled out by the dealer for the customer, it can be filled out and mailed by the individual. There are a few designations on the BATFE Form 4 that should be considered:
When submitting the BATFE Form 4, the citizen must decide whether he/she wants the approved copy returned to themselves or sent directly to the dealer. If sent to the citizen, the individual must then return the approved copy to the dealer before the suppressor can be transferred and received by the citizen.
Buying a Suppressor in Florida
The process of purchasing a suppressor in Florida is very similar to the process of purchasing an NFA firearm. A prospective purchaser must first locate a dealer who is willing to undergo the process of transferring a suppressor. The dealer will then obtain a Form 3 from the ATF and the Form 3 will be returned to the dealer once the ATF has processed the application for tax exempt transfer. The tax exempt transfer is free and is only available because the suppressor is being transferred between two licensed dealers. After the transfer is approved then the dealer may transfer the suppressor to the purchaser once the purchaser has completed the appropriate paperwork, paid the required fees, and the local chief law enforcement officer (CLEO) who has jurisdiction over the locality in which the prospective purchaser resides has been notified and provided a certificate of compliance with local laws.
The paperwork necessary to purchase a suppressor belongs on one of two pre-printed forms: the ATF Form 5320.23 and the ATF Form 4. The ATF Form 5320.23 is a 1 page form and is generally only utilized for silencers, while the ATF Form 4 is a 4 page form that can be used for all other NFA or Title II firearms. The Federal Firearms Licensee (FFL) will provide the purchaser with the appropriate form and the purchaser will then be asked to enter information such as name, address, current occupation and the type of NFA or Title II firearm being acquired. Once the appropriate form has been completed the purchaser must pay a $200 tax to the ATF to transfer the suppressor. In most instances the $200 tax will be paid by the dealer as an intermediary in anticipation of receiving a refund once the transfer has been approved by the ATF. After all appropriate paperwork has been completed the purchaser will be provided with a portion of the form that will contain a cancelled tax stamp, which is the receipt for the tax payment. The FFL will then prepare the other two pages of the appropriate form. The two pages of the ATF Form 4 are then signed by the purchaser and the FFL will give the two pages back to the purchaser as well as the cancelled tax stamp then mail everything to the appropriate regional ATF office with the exception of a copy of page 2 of the appropriate form. Page 2 can be hand delivered to the local CLEO since federal regulations state there is no requirement to send the CLEO a completed form, although it is always a good idea to send page 2 via registered mail in order to have proof of delivery. Once the CLEO has received a copy of the appropriate form he has 30 days to contact the ATF with any questions or comments regarding the proposed suppressor purchase.
Exceptions to the Rules
Suppressors may also be used by certain authorized law enforcement personnel and members of the military, and as a result there are various non-profits and other organizations that offer legal support to assist in this regard. Further, active and retired military personnel should be aware that they are exempted from local ordinance restrictions on the discharge of firearms in many counties throughout the State of Florida, resulting in suppressor use being much more prevalent than in other locations across the Country. In sum, the sound restrictions in each county may provide an exception, other ordinances might limit the use of firearms, and there are many active and former military personnel utilizing firearms with suppressors in Florida.
Common Suppressor Myths
Across the nation, there are many misunderstandings about suppressors and whether they can be legally owned.
One of the biggest misconceptions is that suppressors are illegal according to federal law. It is true that the National Firearms Act of 1934 (NFA), which originally regulated suppressors along with many other types of firearms, essentially prohibited suppressors. This was due to tax reasons, as individuals were required to pay $200 to register a silencer with the federal government and obtain a tax stamp. However, in 1986, new provisions were enacted that allowed suppressors to be legally owned by anyone who got a certificate signed by the chief of police of their local community . Today, suppressors are perfectly legal, so long as they are registered with the NFA and you have paid the correct taxes. Today, the requirements to legally own a silencer are:
Another myth is that suppressors are considered dangerous weapons and are therefore illegal. This is simply not true. In fact, the ATF classifies suppressors under the same category as traditional firearms. That means that while you cannot legally ship a firearm into Florida without having it sent to an FFL dealer your local area, do not have the same restrictions with suppressors.
Criminal Penalties for Illegal Suppressor Usage
When suppressors are purchased or used in accordance with both federal and state regulations, there are generally no legal consequences for their use. However, noncompliance with relevant statutes and regulations exposes suppressor owners to potential legal ramifications, including criminal charges and civil penalties.
A variety of offenses apply to the illegal use or possession of suppressors. Laws addressing the unlawful use or possession of a suppressor include the following: In Florida, any person who "knowingly and unlawfully possesses a firearm, electric weapon or device, destructive device, or machine gun" is guilty of a third-degree felony. This includes the possession of a suppressor, which is a firearm accessory under Florida law under Florida Statutes ยง 790.001. A third-degree felony in Florida is punishable by up to five years in prison and/or a $5,000 fine.
Penalties for violating the state’s unlawful possession firearm laws are harsh because of the perceived threat that illegal firearms pose to the public. While unlawfully possessing or using a suppressor can result in criminal penalties, sometimes, a shooter can still face civil penalties even if he or she is not charged with a crime stemming from the unlawful possession or use of a suppressor.
Whether the shooter is charged with a crime or not, the landowner or lessee of the shooting range or property owner where the unwanted sound is experienced may still pursue a civil lawsuit against the suppressor owner. Florida’s Citizens’ Bill of Rights prohibits "any practice which materially increases the likelihood that harm will result to persons or property." A landowner or property owner can claim that a person who uses a suppressor on his or her property is committing a nuisance by substantially curtailing the landowner’s or property owner’s right to "peace and quiet." In these situations, nuisance law (not Florida’s firearm laws) is charged to make the property owner cease and desist in using a firearm on his or her land.
Recent Developments Regarding Suppressor Use
Over the last few years, there have been numerous attempts in the Florida Legislature to pass bills that would affect suppressor regulations in Florida. One of the more notable bills that has failed to pass is HB 6001, which would have established a tax-exempt buying program for silencers through the state’s Department of Taxation. Instead of overcoming the hurdles that the bill faced, many believe that this proposed bill may have helped to usher in a potential upcoming bill that would allow suppressors to be legal to own under Florida law.
So far, the text of the proposed bills for the next legislative sessions for the Florida State Assembly still remain unconfirmed. However, at the time this article was written, one of the bills, SB 112, is expected to soon move forward as a committee substitute. The bill, sponsored by Sen. Matt Gaetz, a Republican from Fort Walton Beach, is expected to revive an effort made earlier in the year to amend the Florida Statutes to make suppressors legal.
According to reports, the American Suppressor Association has been a key player in helping get the bill on the committee’s agenda. Reports also indicate that the National Rifle Association will also play a role in the bill’s push to move forward.
Rumors are also circulating that SB 112 could undergo substantial changes in the future, with rumors that the committee may view some of the proposed changes as unacceptable.
Even so, the ASA has taken a leading role in trying to craft language to amend current Florida law to allow suppressors, thereby providing a steady presence in Tallahassee. In addition, according to ASA representatives, the organization already has hundreds of letters that have already been sent out in support of the bill.
While it is uncertain how many hurdles a bill that would legalize suppressors face going toward future legislative sessions, supporters of the bill are showing no signs of slowing down in terms of pushing legislation and rallying support for the bills.
As suppressor legislation continues moving through the legislative process, Florida gun owners will need to stay tuned about how current and future legislative developments might affect their ability to own suppressors. This is especially important if you have already applied for and received a tax stamp to own such a device through the National Firearm Act.
Conclusion on Understanding Suppressor Legality
In conclusion, this post set out to discuss the legality of suppressors, otherwise known as sound suppressors (sometimes incorrectly referred to as "silencers"). This post first explained how a sound suppressor works to reduce the noise created by a shooting gun and then described how its method of action classified it as a firearm and subsequently what Federal law, Florida state law, and case law say on the matter . Overall, this post found that "suppressors – not permanently affixed – are legal to possess in Florida and are not subject to criminal prosecution." Nevertheless, it still advised users to ensure that they fully understand the laws on the subject so as to prevent any potential confusion or mistakes. Now this post closes by emphasizing the importance of remaining informed on the legality of suppressors as new laws may come out on the matter.