Florida Attorney General Clarifies Definition of Short-Barreled Rifle

AmmoLand ^ | October 5, 2023 | Dean Weingarten

[marktwain]

The Florida Attorney General, Ashley Moody, has issued an opinion clarifying that the Florida legal definition of a “short-barreled rifle” does not include a pistol to which a stabilizing brace has been attached, even if the stabilizing brace is used as a stock. From myfloridalegal.com:

Unless and until judicially or legislatively clarified, I conclude that the definition of “short-barreled rifle,” which the Legislature enacted in 1969, does not include a handgun, such as a pistol, to which a person attaches a stabilizing brace, because the use of a such an optional accessory does not change the fundamental characteristics of the handgun.

The Florida statute banning the possession of short-barreled rifles was passed in 1969, shortly after the Gun Control Act of 1968 was passed by Congress at the urging of President Lyndon Johnson. From Florida Statutes 790.001(16)

(16) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

The short-barreled rifles were added to the federal National Firearms Act in 1934 as an afterthought by the actions of a Minnesota Congressman, Harold Knutson. Knutson was a man of dubious sexual proclivities who used his position on the Ways and Means Committee to have the Roosevelt Administration add short-barreled rifles to the items, which required a $200 tax and to be registered with the Federal government.

The Roosevelt administration never considered short-barreled rifles to be a significant criminal problem. They were focused on handguns.

[marktwain]

Short barreled rifles were added to the list of firearms in the National Firearms Act by Minnesota Representative Harold Knutson, who was either ignorant, stupid, drunk, or Maciavellian when he insisted rifles be added to protect deer rifles. It made no sense. But Knutson insisted. He was later caught in a sexual tryst in a car in Washington D.C., but managed to get re-elected during WWII.

[MtnClimber]

Does this opinion by the Florida AG help a Florida resident if the BATFE still has issues with pistol braces?

[marktwain]

Does this opinion by the Florida AG help a Florida resident if the BATFE still has issues with pistol braces?

Probably not. It reinforces the idea the federal law is unconstitutional.

[OKSooner]

" It reinforces the idea the federal law is unconstitutional."

Please elucidate.

[marktwain]

One of the claims of those supporting the pistol brace rule is that pistol braces is that pistols with a brace, particularly those which can act as a stock, become "dangerous and unusual" weapons.

The Florida AG concludes pistols with a brace are just pistols with an accessory, and do not become "short barreled rifles". They maintain their identity as pistols.

[OKSooner]

Gracias.

[circlecity]

The whole ban on SBR is silly and it’s silly we have to use the stabilizing brace as a way to get around it.

[Eagles6]

Yep.
The 16” length was arbitrary, anyway.
Bullpups and folding stocks make it meaningless.

[Joe Brower]

This does add more weight to the position that the ATF's recent overreach regarding braced pistols is unconstitutional. Beyond that, it also means that the feds cannot count on any assistance from state authorities, should they ask for it. Given Florida's somewhat 'old fashioned' approach to states rights and limits on federal power, I would not be surprised if the sheriffs in some jurisdictions would interfere with such operations. Grady Judd comes to mind.

Beyond all this, there is are still not just one, but two injunctions against the ATF's aggressive actions, one for the SAF and all its members, and one for the GOA. Other proceedings are in the works, but those two alone are a good start.

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[Drew68]

The whole ban on SBR is silly and it’s silly we have to use the stabilizing brace as a way to get around it.

It's absolutely shameful that 1934's NFA wasn't repealed during that short recent window when the Republicans controlled the House, Senate, and White House. It would've been a nice gesture of gratitude to gun rights proponents for our stalwart support of the GOP over the past several decades.

Instead, we were thanked with a bumpstock ban.

[PROCON]

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[GOPJ]

Thanks for the ping.

[steve in DC]

Then, there is the long barrell pistol.

https://www.henryusa.com/wp-content/uploads/2023/04/H006GML_BB_Mares_Leg_Side_Gate_Hero.jpg

[Rinnwald]

The SBR ban becomes more logical when you consider the original intent of the 1934 FA. Originally, pistols were going to join the banned guns. The banners didn’t want people to replace pistols with cutoff rifles. After there was not enough legislative support for the pistol ban, the SBR provision was left as an orphaned curiosity.

[Joe Brower]

Love Henry. That piece is too pretty to shoot!