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Florida Firearms & Stand Your Ground: Administrative Law

An introduction to owning, operating, and carrying a firearm in the state of Florida as well as self-defense in Florida when using a firearm.

ATF - Bureau of Alcohol, Tobacco, Firearms and Explosives

ATF Guidebook: Importation & Verification of Firearms, Ammunition and Implements of War

This publication was prepared by the Firearms and Explosives Imports Branch (FEIB), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to assist Importers and other Firearms Industry Members in identifying firearms, ammunition, and defense articles that may be imported into the United States and to further clarify and facilitate the import process. The FEIB Guidebook was developed to provide guidance in the importation process through the proper recognition and correct use of required forms, regulatory policies, and prescribed import procedures. This guide presents a comprehensive overview of the importation process and provides both relevant and definitive explanations of procedural functions by outlining the existing imports controls including the Arms Export Control Act (AECA), the National Firearms Act (NFA) and the Gun Control Act (GCA).

Firearms Industry

ATF’s Firearms Industry pages contain information regarding the firearms industry and its members, classifications of firearms and the interpretation of the regulations codified under 27 CFR, Parts 447, 478 and 479.

Firearms Enforcement

ATF recognizes the role that firearms play in violent crimes and pursues an integrated regulatory and enforcement strategy. Investigative priorities focus on armed violent offenders and career criminals, narcotics traffickers, narco-terrorists, violent gangs, and domestic and international arms traffickers. Sections 924(c) and (e) of Title 18 of the United States Code provide mandatory and enhanced sentencing guidelines for armed career criminals and narcotics traffickers as well as other dangerous armed criminals.

ATF uses these statutes to target, investigate and recommend prosecution of these offenders to reduce the level of violent crime and to enhance public safety. ATF also strives to increase State and local awareness of available Federal prosecution under these statutes. To curb the illegal use of firearms and enforce the Federal firearms laws, ATF issues firearms licenses and conducts firearms licensee qualification and compliance inspections. In addition to aiding the enforcement of Federal requirements for gun purchases, compliance inspections of existing licensees focus on assisting law enforcement to identify and apprehend criminals who illegally purchase firearms.

The inspections also help improve the likelihood that crime gun traces will be successful, since inspectors educate licensees in proper record keeping and business practices. Compliance inspections target licensees likely to divert firearms from legitimate trade to criminal use and dealers with a history of poor compliance.

Firearms Technology

The Firearms Technology Branch (FTB) provides expert technical support to ATF, other Federal agencies, State and local law enforcement, the firearms industry, Congress, and the general public. FTB is responsible for rendering opinions regarding the classification of suspected illegal firearms and newly designed firearms. FTB maintains an extensive firearms reference collection, as well as technical firearms reference files and library and firearms databases. This Branch is also responsible for the technical determination concerning types of firearms approved for importation into the United States. Further, FTBprovides the U.S. Department of Justice, State prosecutors’ offices, district attorneys’ offices, and military courts with expert firearms testimony. This testimony includes the identification and origin of firearms and other matters relating to firearms and the firearms industry.

Guide to Marking Variances

Licensed manufacturers and Importers are required to mark firearms manufactured or imported with specific identifying information. This information is found under Title 18, United States Code (U.S.C.) Section 923(i) and 27 Code of Federal Regulations (CFR), Section 478.92. However, the Director may authorize other means of identification upon receipt of a letter application from you, showing that such other identification is reasonable and will not hinder the effective administration of the law.

ATF Rul. 2009-5

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received inquiries from Federally licensed manufacturers concerning the requirement that each manufacturer performing a manufacturing process on a firearm, including a frame or receiver, place their identifying markings on each firearm.

Project Safe Neighborhoods

Project Safe Neighborhoods (PSN) is a nationwide commitment to reduce gun and gang crime in America by networking existing local programs that target gun and gun crime and providing these programs with additional tools necessary to be successful. Since its inception in 2001, approximately $2 billion has been committed to this initiative. This funding is being used to hire new federal and state prosecutors, support investigators, provide training, distribute gun lock safety kits, deter juvenile gun crime, and develop and promote community outreach efforts as well as to support other gun and gang violence reduction strategies.

ATF Rulings

 ATF publishes rulings to promote uniform application of the laws and regulations it administers. Rulings interpret the requirements of laws and regulations and apply retroactively unless otherwise indicated. Rulings do not have the force and effect of Department of Justice regulations, but they may be used as precedents. In applying published rulings, the effect of subsequent legislation, regulations, court decisions, and rulings must be considered. Concerned parties are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same.

ATF - Frequently Asked Questions

Code of Federal Regulations

Title 27: Alcohol, Tobacco Products and Firearms
Part 447––Importation of Arms, Ammunition and Implements of War

§ 447.1   General.

The regulations in this part relate to that portion of section 38 of the Arms Export Control Act of 1976, as amended, authorizing the President to designate defense articles and defense services as part of the United States Munitions List (USML) for purposes of import and export controls. To distinguish the list of defense articles and defense services controlled in this part for purposes of permanent import from the list of defense articles and defense services controlled by the Secretary of State for purposes of export and temporary import, this part shall refer to the defense articles and defense services controlled for purposes of permanent import as the U.S. Munitions Import List (USMIL) and shall refer to the export and temporary import control list set out by the Department of State in its International Traffic in Arms Regulations as the USML. Part 447 contains the USMIL and includes procedural and administrative requirements relating to registration of importers, permits, articles in transit, import certification, delivery verification, import restrictions applicable to certain countries, exemptions, U.S. military firearms and ammunition, penalties, seizures, and forfeitures. The President's delegation of permanent import control authorities to the Attorney General provides the Attorney General the authority to assess whether controls are justified, but in designating the defense articles and defense services set out in the USMIL the Attorney General shall be guided by the views of the Secretary of State on matters affecting world peace and the external security and foreign policy of the United States. All designations and changes in designations of defense articles and defense services subject to permanent import control under this part must have the concurrence of the Secretary of State and the Secretary of Defense, with notice given to the Secretary of Commerce.

[ATF-50F, 78 FR 23676, Apr. 22, 2013]

Title 27: Alcohol, Tobacco Products and Firearms
Part 448––Commerce in Firearms and Ammunition

§ 478.1   Scope of regulations.

(a) General. The regulations contained in this part relate to commerce in firearms and ammunition and are promulgated to implement Title I, State Firearms Control Assistance (18 U.S.C. Chapter 44), of the Gun Control Act of 1968 (82 Stat. 1213) as amended by Pub. L. 99-308 (100 Stat. 449), Pub. L. 99-360 (100 Stat. 766), Pub. L. 99-408 (100 Stat. 920), Pub. L. 103-159 (107 Stat. 1536), Pub. L. 103-322 (108 Stat. 1796), Pub. L. 104-208 (110 Stat. 3009), and Pub. L. 105-277 (112 Stat. 2681).

(b) Procedural and substantive requirements. This part contains the procedural and substantive requirements relative to:

(1) The interstate or foreign commerce in firearms and ammunition;

(2) The licensing of manufacturers and importers of firearms and ammunition, collectors of firearms, and dealers in firearms;

(3) The conduct of business or activity by licensees;

(4) The importation of firearms and ammunition;

(5) The records and reports required of licensees;

(6) Relief from disabilities under this part;

(7) Exempt interstate and foreign commerce in firearms and ammunition; and

(8) Restrictions on armor piercing ammunition.

[T.D. ATF-270, 53 FR 10490, Mar. 31, 1988, as amended by T.D. ATF-354, 59 FR 7112, Feb. 14, 1994; T.D. ATF-363, 60 FR 17450, Apr. 6, 1995; T.D. ATF-401, 63 FR 35522, June 30, 1998; T.D. ATF-471, 67 FR 5425, Feb. 5, 2002]

Title 27: Alcohol, Tobacco Products and Firearms
Part 479––Machine Guns, Destructive Devices and Certain Other Firearms

§ 479.1   General.

This part contains the procedural and substantive requirements relative to the importation, manufacture, making, exportation, identification and registration of, and the dealing in, machine guns, destructive devices and certain other firearms under the provisions of the National Firearms Act (26 U.S.C. Chapter 53).

[36 FR 14256, Aug. 3, 1971. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF-48, 44 FR 55842, Sept. 28, 1979]

Florida House of Representatives

HB 21 - Regulation of Firearms

Creates Florida Firearms Freedom Act; provides legislative findings & definitions; provides that specified firearms, firearm accessories, & ammunition for personal use manufactured in state are not subject to federal law or regulation; provides that importation into state of specified parts & incorporation of such parts into firearm, firearm accessory, or ammunition manufactured in state does not subject firearm, firearm accessory, or ammunition to federal regulation; provides that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce; provides that specified firearm accessories imported into state from another state do not subject firearm to federal regulation under interstate commerce; provides legislative findings with respect thereto; provides exceptions; provides applicability; requires that firearms manufactured & sold in state must bear indicia of manufacture by specified date.

SB 98 - Regulation of Firearms [SPSC]

 Creates the Florida Firearms Freedom Act. Provides that specified firearms, firearm accessories, and ammunition for personal use manufactured in the state are not subject to federal law or regulation. Provides that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce, etc.

Florida Senate

SB 1234 - Sale of Firearms and Ammunition

Providing an administrative fee to be imposed on the sale of firearms and ammunition by licensed dealers in this state; requiring fees collected to be deposited into the Behavioral Health Intervention and Treatment Trust Fund; providing for carryforward of unexpended funds in the trust fund at the end of fiscal year; providing for distributions from the trust fund, etc.

SB 374 - Concealed Weapons and Firearms

Creating an exception to the preemption of the regulation of firearms to the Legislature to allow a state agency or local government to prohibit the possession of a concealed firearm and ammunition at specified publicly sanctioned or sponsored events conducted in public buildings or at government-sponsored outdoor public venues, etc.

CS/CS/SB 234 - Firearms

Provides that a person who is licensed to carry a concealed firearm is not in violation of law if the firearm is briefly and openly displayed under certain circumstances. Allows the Division of Licensing of the DOACS to take fingerprints from concealed carry license applicants. Provides that a person may not openly carry a weapon or firearm or carry a concealed weapon or firearm into specified locations. Provides that concealed carry licensees shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes, etc.

SB 1018 - Regulation of Firearms and Ammunition

Providing that except as otherwise expressly prohibited by the State Constitution, the municipalities and counties of this state may regulate the field of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation of firearms and ammunition, etc.

Florida Department of Agriculture and Consumer Services

Concealed Weapon or Firearm Program

Applying for a license to carry a concealed weapon or firearm for self-defense is a right of law-abiding Floridians. However, you must remember that a license to carry a weapon or firearm concealed on your person does not authorize you to use that weapon. Use of a concealed weapon or firearm is regulated by other provisions of Florida law. It is my hope that you will exercise your lawful right to carry a concealed weapon or firearm responsibly, properly, and safely.

Possession Restrictions

The following is a list of places where you are restricted from carrying a weapon or firearm even if you have a license. Please note that this is a simplified list.

Important Legislation Affecting the Rights of Concealed Weapons License Holders

Senate Bill 954, passed by the Florida Legislature and signed into law by Governor Bush in April 1999, allows residents from other states who are licensed to carry concealed weapons/firearms to carry their weapons in Florida. The one provision, however, is that those other states must be willing to recognize and honor concealed weapon or firearm licenses issued by the State of Florida so that Florida licensees enjoy the same rights and benefits when they travel to those other states.

Judicial Circuits - Administrative Opinions

Florida Fish and Wildlife Conservation Commission

Licenses & Permits

Information on who can purchase permits and licenses, where to find them, the rules and regulations governing the issuance.  This site also answers multiple questions regarding all aspects of hunting.

Recreational Hunting & Fishing Licenses & Permits

Recreational licenses and permits for residents and nonresidents are available on the Internet; at retail agents, such as sporting goods stores or other retailers that sell hunting or fishing equipment; by phone; and at county tax collectors' offices. All license, permit and issuance fees are subject to change by the legislature.

Collier County Sheriff's Office

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