To answer this question you must look a the Florida Statutes and Florida Administrative code. While Florida Law does not specifically grant the right to use a suppressor while hunting in certain conditions, you must remember that laws do not grant rights they restrict them so by interpreting what rights you do not have, you can determine what is left.
In Florida there are four classifications of land:
Yesterday, the Governor of Louisiana signed House Bill 186 into law. This law will legalize the use of suppressors while hunting for all game and non-game animals in the state of Louisiana. The law is effective August 1, 2014. The current trend in the United States is to legalize the use of suppressors while hunting. Over 30 states now permit the use of a suppressors while hunting either game or non-game animals. This year, three states, including Georgia and Alabama have legalized hunting with suppressors and give hunters the ability to protect their hearing.
The ASA reports that a similar measure is in progress in Ohio. Louisiana statute even allows for the use of suppressors while hunting non-game animals.
Under the National Firearms Act, an individual, trust, or business entity may purchase a suppressor. A Gun Trust is designed to allow for multiple people to be in possession of the suppressor which is not allowed with an individual purchase. In addition, a purchase by a Gun Trust can speed up the process by removing the necessity to obtain a CLEO sign-off and when the ATF brings back electronic filing, a Trust application for a Form 4 purchase from an FFL can be filed electronically which can reduce the time for approval.
Late in 2013, the ATF published a notice that they intended to seek to revise the regulations regarding the documentation that is required for a Gun Trust and for a business. After the ATF received more than 9500 comments on the proposed changes, the ATF had originally announced that a decision was set to be published in June of this year. As the June date has approached, we have reported that it was unlikely that the ATF would actually be able to review and respond to the comments by the June date and that the ATF was not likely to be able to respond until 2015.
In the latest publication of the Semi-Annual Regulatory Agenda, ATF updated the date of the projected date to show that ATF does not expect to publish a final rule until 2015.
DOJ/ATF RIN: 1140-AA43 Publication ID: Spring 2014
Recently, I had an electronic version of a Form 1 approved by the ATF for my Gun Trust and wanted to clarify what is required for engraving.
ATF 5300.4
In 27 CFR 479.102 (page 92) describes what is necessary to engrave on a SBR or SBS when one is manufacturing. This is not necessary if you purchase one that is already manufactured as it will have been done for you.
1) On the Frame or Receiver the Serial number;
Based on the ATF letter requiring NICS checks for Trusts, the ATF may have accidentally opened the registry for new Machine Guns when registered in the name of a trust which is not a person under the GCA.
The Prince Law Blog quotes the same letter I wrote about a few days ago where the ATF determined that “Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.” And therefore, as a result,
Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.
One of the most common questions Class 3 SOT Dealers ask has finally been addressed by the ATF and should help clear the inconsistent answers given by local ATF offices.
Is a NICS check required when a Gun Trust is used to purchase firearms that are subject to the NFA?
Short Answer: Yes.
On Friday May 3rd, Alabama voted unanimously to repeal the prohibition of the possession and use of suppressors or silencers while hunting for all game and non-game animals. As of Friday, May 3rd, 2014, it became legal to possess and use a suppressor while hunting.
The majority of states now allow hunting with a suppressor. Alabama will be the 32nd and on July 1st Georgia will become the 33nd.
It shall be unlawful to possess fully automatic firearms or silenced firearms while hunting any species of wildlife.
This week the Governor of Georgia signed a NRA and ASA backed House Bill into law. It is one of the most comprehensive gun bills to pass in the state of Georgia. Included in the bill is a provision to legalize the use of a suppressor while hunting. The law will go into effect on July 1, 2014.
Once the law goes into effect, Georgia will become the 32nd state in which civilians can use suppressors while hunting. Of those states, only Louisiana and Montana does not allow the use of suppressors while hunting game animals.
(Map from American Silencer Association’s website
Today I decided to check ATF eForms and it was back online for Form 6’s. The good news is it does show the status of previously submitted eForms. I was able to to see that a Form 1 I submitted at the end of November of 2013 was approved today. When ATF emails you confirmation of the approval it does not send you a copy of the form at the same time. If you want one or to make a electronic copy of the approved form, you can click on the approved forms section, then select the form by clicking on the one you want to view.
Next click the eye all the way at the right of the listing one you want.
Then you can select the View Form and PDF of the approved form will show in your browser or it will be downloaded.
Today Marvin G. Richardson, Deputy Assistant Director of the ATF Enforcement Programs and Services sent a letter stating that ATF eForms is expected online this week.
In the letter he states that electronic submission saves over 3 month in processing time, but I have personally seen that it can save a year in some cases. He further states that NFA applications re up over 380 percent in the last few years from 41,600 in 2005 to 199,900 in 2013. Many of these new applications have been because of new laws in many states legalizing suppressors and short barrel riffles. Gun Trusts have made these items available to many who live in areas where the CLEO will not sign a Form 4 or Form 1. To find out more about how a Gun Trust can help you protect your family and friends from violations of Gun Laws contact us.
This is good news and it looks like ATF is interested in maintaining eForms into the future.
