So....now that the SC has spoken on the issue, does this now automatically overule our statewide ban 790.222?   I would think that it would but I don't have a bar card. Anyone with one here?

I’m interested as well

No. Still illegal at the State level.

Not in Florida. Still outlawed here since 2018. In fact, a number of accessories are banned in FL since 2018.

790.222 Bump-fire stocks prohibited. A person may not import into this state or transfer, distribute, sell, keep for sale, offer for sale, possess, or give to another person a bump-fire stock. A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, the term "bump-fire stock" means a conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device.
History. s. 13, ch. 2018-3.

Not in Florida. Still outlawed here since 2018. In fact, a number of accessories are banned in FL since 2018.

790.222 Bump-fire stocks prohibited. A person may not import into this state or transfer, distribute, sell, keep for sale, offer for sale, possess, or give to another person a bump-fire stock. A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, the term "bump-fire stock" means a conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device.
History. s. 13, ch. 2018-3.

@osprey21


It wasn't a state court that banned them in Florida. It was an act of the state legislature banning them. The SCOTUS case wasn't about the ban itself being constitutional. It was the method it was done. President Trump ordered BATFE to reinterpret the National Firearms Act of 1934 and declare something illegal as a means to bypass Congress since Congress did not pass any legislation banning them.

Remember, The House at the time was under Democrat control and the Senate was under Republican control. Sen. Mitch McConnell stated that any and all gun control was dead on arrival in the Senate. Trump being Trump, told McConnell to fuck off and pulled a "fuck it, we'll do it live." He ordered BATFE to declare bumpstocks to be machine guns.

SCOTUS ruled that the Executive branch cannot just on a whim reinterpret the law. The wording in the NFA is very specific. SCOTUS told the Executive branch to stop trying to reinterpret laws on a whim. The ruling even stated that if the ban was done via an act of Congress (meaning a bill was passed and signed into law), the case wouldn't even be an issue. Heck, the ruling even states that if Congress still wants to go forward with passing legislation banning them and having the president sign it into law. That's fine. The question of the banning of bumpstocks was not challenged under Bruen's text, history, tradition measure. As such, if Congress passes legislation banning them and the president does sign it into law. That is another round of court battles to challenge the actual constitutionality of the legislation/law itself.

This case was about the Administrative Procedures Act of 1946 and the Reagan era Chevron Deference. Something SCOTUS has been chipping at for a while. This case was bout clear lines of power between the Executive and Legislative branches of government and that the Executive cannot just usurp such powers from the Legislative.

This was not a Second Amendment case, this was a Chevron Deference case.

Florida banned them after Parkland as part of the legislation passed in 2018. There was no act by the state courts banning them in Florida nor has there been a challenge yet (we're looking at legal avenues to challenge the ban) against the ban.

Paging Mr. Miculek.   Mr Miculek to the courtesy phone please.

Another parting courtesy of everyone’s favorite governor and senator, Rick Scott.

Skeltor....a giant political stain on Florida just as large as Jeb was.

Does this mean no binary triggers as well?

Skeletor has already started running reelection ads.....   touting his commitment to protect invitro fertilization.  🤔🙄

Yup, banned too.

No fun for the gunshine state

Republican supermajority FTW!

Any chance of this being repealed anytime soon?

With Republicans lawmakers still in office that voted in favor of it. It is a hard climb. They will not vote to repeal the very legislation that they voted in favor of. They don't like doing that since they're telling voters that they were wrong.

If I’m looking at this correctly, looks like 7 republican state senators that voted in favor of the bill are still in the state senate. Those are:

Bradley
Broxson
Garcia
Hutson
Mayfield
Passidomo
Perry

https://www.flsenate.gov/Session/Bill/2018/7026/Vote/SenateVote_s07026e1018.PDF

https://m.flsenate.gov/Senators/List

I’m far too lazy to look at the house, but here is the vote:

https://www.flsenate.gov/Session/Bill/2018/7026/Vote/HouseVote_s07026e2859.PDF

It's not going away unless a case happens to make it to the FL supreme court that gets it overturned as unconstitutional I would expect. Which it is, but y'know, we have to spend years and probably millions of dollars to temporarily have our lives ruined and risk that becoming permanent all so we can contest something some fat snaggle-toothed democrat pile of uselessness shoved through the legislature over a couple of days.

Something is in the works.

Attached File

This was one of the bigger bummers I realized when I moved here.

I was expecting Gunshine state. Waiting periods, no fun triggers, etc. Tarnishes the shine on that gunshine.