Can You Have a Fully Automatic Gun in Florida?
Florida is known for its gun-friendly laws, and many residents and visitors to the state are curious about the legality of owning a fully automatic gun. The answer is not a simple yes or no, as it depends on various factors, including the type of weapon, the individual’s background, and the specific circumstances.
Federal Law:
Before diving into Florida’s laws, it’s essential to understand the federal regulations regarding fully automatic firearms. The National Firearms Act (NFA) of 1934 and the Gun Control Act (GCA) of 1968 regulate the possession, sale, and transfer of fully automatic weapons. According to the NFA, fully automatic firearms are defined as:
- Machine guns: firearms that are capable of firing more than one shot with a single trigger pull, without manual reloading, and have a rate of fire of more than 12 shots per minute.
Florida State Law:
Florida has its own set of laws regarding fully automatic firearms, which are more restrictive than federal regulations. The state prohibits the possession, sale, or transfer of fully automatic firearms, except for certain grandfathered weapons and those owned by law enforcement agencies. Florida Statute 790.001(17) defines a machine gun as:
- A firearm which is capable of firing more than one shot with a single function of the trigger, without manual reloading, by a single function of the trigger;
Grandfathered Weapons:
Florida grandfathered certain fully automatic weapons that were legally owned prior to the passage of the NFA in 1934. These weapons were registered with the federal government and are still legal to own and possess in Florida. However, the sale, transfer, or inheritance of these weapons is subject to strict regulations and require special permits.
Licensed Dealers:
Licensed dealers in Florida are allowed to sell and transfer fully automatic firearms, but only to law enforcement agencies, private security companies, and collectors who have obtained the necessary permits. These dealers must also comply with federal and state regulations, including the NFA and Florida’s firearms laws.
Prohibited Persons:
Certain individuals are prohibited from owning or possessing fully automatic firearms in Florida, including:
- Convicted felons
- Mentally incompetent individuals
- Those who have been adjudicated as mentally defective or have been committed to a mental institution
- Those who are addicted to drugs or alcohol
Penalties for Illegal Possession:
Possessing a fully automatic firearm in Florida without a valid permit or license is a felony of the second degree, punishable by up to 15 years in prison and a fine of up to $10,000.
Conclusion:
In summary, while it is legal to own and possess fully automatic firearms in Florida under certain circumstances, the regulations are complex and strict. Individuals who are interested in owning a fully automatic weapon must ensure they comply with federal and state laws, including obtaining the necessary permits and licenses. It’s essential to consult with a licensed firearms dealer or an attorney to ensure compliance with the laws and regulations.
Table: Fully Automatic Firearms in Florida
| Type of Weapon | Legal Status | Permits Required |
|---|---|---|
| Grandfathered Weapons | Legal | Registration with the federal government |
| Machine Guns | Illegal | No permits available for private ownership |
| Licensed Dealers | Legal | Permits available for law enforcement agencies and collectors |
Bullets: Key Points to Remember
• Fully automatic firearms are heavily regulated at the federal and state levels in Florida.
• Grandfathered weapons are legal to own and possess, but require registration with the federal government.
• Machine guns are illegal for private ownership and possession.
• Certain individuals are prohibited from owning or possessing fully automatic firearms in Florida.
• Possessing a fully automatic firearm without a valid permit or license is a felony in Florida.
