As a follow up to the above “Warning” it should be noted that in June 2026, Florida Attorney General James Uthmeier
IMPORTANT FACTS ABOUT THE UPDATES & NEW EDITIONS:
This page contains any updates for the new Sapphire edition released in July 2026, as well as past updates for the last issued GOLD edition. All 9th edition books are now “out of date”, and should not be relied upon, as are Gold editions prior to the January 2026 version.
Please note that while free online updates contain major or important changes in the law, the book is updated in print once yearly, usually around July, All books prior to the January 2026 GOLD edition books are now out of date, and should be replaced. That’s because the law, as well as the case law that interprets it, is constantly changing – and as a practical matter if you want to be current — your book has a life span of only two years — updates or not. Plus, all print versions have additional sections and information prior ones did not. Remember, newer printings of the book will often have dramatic changes, additions, and coverage that prior versions do not have, or are covered much more substantially.
For your convenience there a number of updates to the new GOLD edition that appear below which you may read, or download. Because of recent Supreme Court case law I expect a liberalization of federal laws restricting firearms possession based on the Second Amendment, and coming from the federal court system during the 2026 – 2027 years. For convenience — I will report on these on this page as they come up. More are expected. We are in a transition period. Again, a great reason to check the update page from time-to-time.
Does Florida Statute 790.221 make possession of a SBR or SBS a second degree felony, or are the statutory prohibitions excepted due to current changes in BATFE policy published in its October 9, 2026, Open Letter, and available on the ATF.gov website???
Opinion by: Jon H. Gutmacher, Esq. (retired) (author – “Florida Firearms – Law, Use & Ownership”) October 11, 2026
ORIGINAL OPINION: Well, to answer the question Florida Statute 790.221 states it is a second degree felony to possess a short barrel rifle, or short barrel shotgun unless they are “lawfully owned and possessed under provisions of federal law” and if so, such firearms “are exempted.” So, the Silencer Shop case in Texas on August 5, 2026, issued a national injunction covering all named plaintiffs and their memberships, and held that because Trump’s Big One Beautiful Bill removed any taxes on SBR’s, SBS’s, silencers, and AOW’s – BATFE now lacked any authority to regulate these firearms. That was followed by a letter by Solicitor General D. John Sauer sent to Senate Judiciary Chairman Chuck Grassley—and later formally filed with the court—confirming that the DOJ would not appeal the August 5, 2026, court ruling – and of course, the time to appeal that court decision has now also expired. That letter was then followed on October 9, 2026, with BATFE issuing an Open Letter announcing the stopping of the enforcement of NFA registration, approval, and tax-stamp requirements for suppressors, SBRs, SBSs, and AOWs across the board rather than limiting it strictly to named plaintiffs in the Silencer Shop case. So, while formal regulatory changes are in the works with BATFE – as a practical matter, it is now legal to purchase and possess these firearms under federal law. However, how does this gel with Florida Statute 790.221 – since that statute makes possession a second degree felony?
Well, my personal opinion is that once October 9th arrived – as long as you sold and/or purchased thru the federal Form 4473 pre-purchase process – you fall into the statutory exception, and there is no prohibition. Why? Well, first – BATFE is already operating per the letter. Second, when you do the form and the call in to NICS, the feds are put on actual notice of the firearm type you are purchasing — and then approve the sale by giving it an official OK. That’s also certainly very clear evidence of being lawful under federal law. And then, there’s the Open Letter. Now, I realize there is a slight chance a different interpretation might ensue since BATFE has not yet revised its regs under CFR — but the October 9th letter should be enough, especially when combined with the earlier DOJ opinion letter. Of course, if you rely solely on the Silencer Shop opinion — then both the seller and the purchaser need to be members of the Second Amendment Foundation, and certainly no matter what — sellers still need to follow all other NFA requirements. Same for purchasers. Don’t bring that SBR you bought in Georgia when you lived there unless you did the Form 20 to take it across state lines into Florida because you’re no longer “lawfully possessed” under federal law. By the way, a corporate membership for gun shops in the Second Amendment Foundation might not be the worst idea since SAF is winning a load of federal cases where only the plaintiffs and their memberships are covered by any of the decisions. Same for a corporate membership in Gun Owners of America. And last — this post is not offered as legal advice because I am fully retired.
MODIFIED OPINION:
In an abundance of caution, I am going to modify my previous advice as the particular wording of Florida Statute 790.221 is subject to other possible interpretations because the exemption clause, subsection (3) reads: “Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.” The key language is “under provisions” which might be interpreted as requiring an actual regulatory change vs. BATFE agency policy. In other words — formal passage of new regulations into the Code of Federal Regulations, or at the very least — a requirement that membership in the Second Amendment Foundation also brings parties within the exemption because the Silencer Shop court decision qualifies as a “provision” of federal law, thus giving separate coverage under the Silencer Shop case injunction.
I realize this might cause some issues complicating purchases, but ATF still allows the old NFA pre-approval process, and violation of the Florida statute is a second degree felony. While I remain confident in my original opinion — plus, I add that the passage of the “One Big Beautiful Bill” could also be argued as a “Provision” of federal law. Still, I need to pass on this possible quirk. Likewise, I note this does not change my original opinion as to silencers and AOW’s, since they are not mentioned in Florida Statute 790.221.
Florida Firearms – Law, Use & Ownership — GOLD
January 12, 2026 supplemental update to CHAPTER SIX
copyright 2026 by jon gutmacher
Notice: The following paragraphs replace conflicting information in all editions of the book printed prior to mid-January 2026 due to the changes brought about by open carry. Likewise, a revision of Chapter Six, pages 87-95, appears further down this page completed on January 18, 2026, and it is likely more changes will be coming at the end of April 2026. The updated Chapter Six is copyright 2026 by myself, Jon Gutmacher, and you have my permission to copy it for personal use only, and not for any redistribution or posting. I’d appreciate your honoring that since I’ve put many free hours into creating it.
Possession and Carry in a private conveyance:
A “private conveyance” is a vehicle, boat, aircraft, motorcycle – not a bicycle. When in a private conveyance, if you’re are a “qualified person” (ie: either have a CWL or could legally obtain one if you wished) — you can carry a firearm or other weapon on your person concealed; off your person “securely encased” or “not readily accessible” either open or concealed; anywhere within the conveyance openly but not on your person; and even openly on your person since open carry was recently made legal by a court decision finding the open carry statute, F.S. 790.053 unconstitutional, and in violation of the Second Amendment. However, on that last one – open carry on your person – I’d steer clear until there was some case law since this area of open carry is all very new, and law enforcement officers may still think it is unlawful.
On the other hand, if you are not a qualified person, you are in a private conveyance, and your age is at least 18, but not yet 21 – your options are a bit more limited. You can possess both firearms and other weapons only if they are securely encased or not readily accessible – and they cannot be on your person. However, subject to these restrictions – they can be kept in the open. Likewise, as long as they are either securely encased or not readily accessible – they can also be kept concealed – as long as not concealed on your person.
Next, if you are a prohibited person – that is, someone who is legally prohibited from the purchase or possession of firearms – you may not possess either firearms, ammo, or weapons in a private conveyance. And last – if you are a juvenile under 18 years of age – read Chapter Eight which is where I explain all laws regarding firearms, weapons, other defensive items, and air guns that pertain to juveniles in Florida.
Traveling by Public Transportation:
If you are traveling by public transportation that operates within Florida, and you are not a “qualified person” — F.S. 790.25(2)(L) says the firearm or weapon must be “securely encased”, and not in your manual possession. The firearm can be loaded. If you are a CWL holder or otherwise a qualified person you may carry or possess concealed since 790.25(2) was not written to include CWL holders.
January 2026– FREE book update:
MEDICAL MARIJUANA –
In the case of Florida Commissioner of Agriculture v. Attorney General of United States, an August 2025 federal decision of the 11th Circuit Court of Appeals, which governs Florida federal courts, the court held that two Florida residents with medical marijuana cards who sought to purchase firearms could not be denied lawful firearms purchase simply because they were users of marijuana due to the Second Amendment. The court then sent the case back for further proceedings. The holding accords with a number of other federal appellate court decisions. Likewise, on December 18, 2025, President Trump signed an executive order requiring BATFE to reschedule marijuana from a Schedule I drug to a Schedule III. However, none of these actions do anything to remove the current federal prohibitions on sale of firearms. Only that a federal prosecution for possession by an individual using marijuana would be highly unlikely to succeed, or even be brought. Likewise, it opens up a question whether answering “no” to Question 21(f) on the federal Form 4473 on whether you are an “unlawful user” of marijuana would be a lie (and therefore a federal felony) if you have a valid medical marijuana card – or a lie if you are “addicted” to its use – either of which would currently disqualify you from a NICS purchase approval of a firearm from a firearms dealer, aside from the separate issue of lying on a federal form. Plus, if you reveal to the dealer that you have a medical marijuana card, or they somehow found out – they cannot sell to you due to current BATFE regulations. So, unless you want to chance it, or go to the trouble of getting an order from a federal court that you are entitled to purchase a firearm, I guess you’re still out of luck.
On the other hand, I seriously doubt you could be arrested for possession of a firearm in Florida on federal charges simply because you had a Florida medical marijuana card unless you were involved in a separate serious federal crime. Of course, as far as Florida laws go — possession of firearms and ammo is completely legal even if you have the card, plus federal HIPPA laws keep that confidential unless you reveal it.
OPEN CARRY IN FLORIDA
November 2025 FREE BOOK UPDATE:
November 2025 – partial book update – GOLD EDITION – FLORIDA FIREARMS – Law, Use & Ownership
By Jon H. Gutmacher, Esq.
[Please substitute this for the section on open carry on pages 13-14 of the November 2025 book printing]
On September 10, 2025, the First District Court of Appeals in Florida in McDaniels v. State , the Court held that the law restricting open carry was unconstitutional, being in abrogation of the Second Amendment to the Constitution of the United States. The decision was not appealed by the State, and therefore is the law in Florida unless another appellate court finds otherwise. As a practical matter, this means that open carry is lawful in all the same places as concealed carry would be, but without the CWL, subject only to a few exceptions which I will explain later in this update. The problem now, with open carry being “legal” in Florida – are a number of federal laws that restrict both open and concealed possession of firearms. Let’s start with 18 USC 922(q) – often called the “Federal School Zone Law”. This law restricts possession of a firearm within 1000 feet of the property of any public, private, or religious elementary or secondary school (not colleges, or pre-schools) if the possessor should reasonably know he or she is within that distance UNLESS they either have (1) a valid CWL, or (2) their possession is on private property not part of the school, or (3) the firearm is unloaded and in a locked container (including a locked firearms rack) inside a motor vehicle.
Also, Florida law still absolutely prohibits any possession of weapons or firearms on any school grounds, and other school related areas, school sponsored events, and school athletic events per F.S. 790.115. One exception to this prohibition would be inside a motor vehicle when your possession is not prohibited by No Weapon type signs located in school parking or access areas. A prohibition on any possession also applies to school grounds, school buses, school bus stops, and school sponsored events, federal facilities, federal buildings, federal offices, post office facilities (although a national injunction allowing carry at post offices exists as of October 2025 out of a Texas
federal district court), federal park offices, airport terminals and airport restricted areas other than a public airport parking garage, jail and
prison facilities, law enforcement facilities, nuclear power plants, anywhere controlled by the Army Corps of Engineers except firearm ranges,
any private property you are personally told to not carry, seaport restricted zones, any polling place, Amtrak, meetings of government bodies,
and Mental Health facilities and hospitals having such mental health services – although a public parking facility at a hospital or mental health
facility should be lawful, but only if you actually have a valid CWL.
What other things does a CWL allow that you can’t do without one? (1) reciprocity; (2) no waiting period for firearm purchase; (3) having a firearm or other weapon on premises being used by a religious institution that has a school (must be concealed); (4) federal school zone laws; (5) hospital public parking areas. [F.S. 790.06(12)(b)]
What about open carry? Well, almost the exact same rules as concealed carry. If you know one – you know the other along with this update. So remember – if you’re on private property and you’re asked to leave – to argue, delay, or refuse can be a criminal trespass, and if you possess a firearm at the time – it’s “armed trespass”, a felony. Best leave immediately, and see a lawyer later if you feel you were wronged. Also, here are the places in Florida Statute 790.06(12)(a) places a CWL does not “authorize”,
and therefore in an abundance of caution, I also urge you not carry openly or concealed until a court or the Legislature clarifies it:
1. Any place of nuisance as defined in s. 823.05;
2. Any police, sheriff, or highway patrol station;
3. Any detention facility, prison, or jail;
4. Any courthouse;
5. Any courtroom, except for a judge or a person authorized by a judge in their courtroom;
6. Any polling place;
7. Any meeting of the governing body of a county, public school district, municipality, or special district;
8. Any meeting of the Legislature or a committee thereof;
9. Any school, college, or professional athletic event not related to firearms;
10. Any elementary or secondary school facility or administration building;
11. Any career center;
12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the
establishment is primarily devoted to such purpose;
13. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and
the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or
projectile;
14. The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal
firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported
on any aircraft; or
15. Any place where the carrying of firearms is prohibited by federal law.
Anyway, that’s it for this part of the updates. In closing – I predict that you should expect substantial changes to those laws restricting firearm possession and use over the next three years – especially from the federal courts. There are already cases decided negating criminal charges for carry in a post office, purchase and carry issues for persons between the age of 18-21, and many other variants – all finding these laws are unconstitutional infringements of the Second Amendment. Therefore, please check the update section of the
book at least once every six months for any news.
Also, unless you have the November 2025 printing of the book, or later, there is a Cumulative Update a bit further down the page for the earlier printings of the Gold editions.
POST OFFICES AND GROUNDS
In a recent case out of Texas a federal court entered a nationwide injunction finding the prohibition of firearms on post office grounds and in “ordinary” post offices violated the Second Amendment. The case is: Firearms Policy Coalition v. Bondi, Civil Action 4:24-CV-00565-O, (US District Ct, ND Texas 9/30/2025) (Judge Reed O’Connor). Held: Post offices and post office property are a fixture in the routine lives of many citizens. Yet, Postal Regulation 39 CFR s.232(1)(1) prohibits carry of firearms and other deadly weapons on post office property, and 18 USC 930(a) prohibits the knowing possession of any firearm or other dangerous weapon in a “federal facility”. “Federal facility” is defined as “a building or part thereof owned or leased by the federal government where federal employees are regularly present for the purpose of performing their official duties”. There is no historic evidence that firearms were banned or restricted from “ordinary” post office property during Colonial times (the “Founding”) or even later Reconstruction Era times, nor has the government shown that an ordinary post office (one not on a military installation or where the government provides armed security) is a “sensitive place” such as schools and other government buildings. In fact, it was not until 1964 before the government banned firearms in government buildings, and 1972 specifically banning them on post office property. Thus, it is clear that 18 USC 930(a), and 39 CFR 232.1(1) violate the Second Amendment as to ordinary post offices and their grounds, and a permanent injunction is hereby issued, and enforcement of both of these are enjoined as to ordinary post offices and their grounds.
Please note that the injunction could be stayed or appealed, and that other federal courts could disagree — unless the U.S. Supreme Court took jurisdiction and settled the issue. Therefore, I would use caution in relying on this decision, plus the decision applies only to the parties that brought it, thus you must be a member of the Second Amendment Foundation or Firearms Policy Coalition to take advantage of it . You should also know that a federal district court judge in Miami dismissed a criminal case of having a firearm on post office grounds squarely on the basis of the Second Amendment. U.S. v. Ayala, (M.D. Fl. 3/13/2023). No injunction was issued in that case.
There was also an opinion letter issued by the federal Department of Justice in mid-January 2026, that determined that 18 USC 1715, the statute that made shipment of handguns thru the post office as unlawful was contrary to the Second Amendment and therefore unconstitutional. The opinion urged the postal service to change their regulations on shipment of handguns. The net effect of this letter is that a change in postal regulations can be expected sometime in the future, but until that change is officially made, the post office will continue to deny shipment of handguns. On the other hand, it would be extremely doubtful that prior to any such change in postal regulations, a federal prosecution for any attempt at shipping a handgun thru the mails would be made, or if made, successful.
DANGER! ERRORS for 2022 -2023; and 2023-2024 versions:
2022-2023 edition: FOUND ON PAGE 20 — last paragraph on page is incorrect: A person under the age of 21 cannot purchase a firearm in Florida — unless it is a rifle or shotgun by a person who is also in the US military, a law enforcement officer, or correctional officer. F.S. 790.065(13). There are other exceptions when a police agency purchases firearms for official purposes for its members. But normally, a purchase by anyone under 21 is a felony.
2023-2024 edition — page 161, paragraph 2, number 2: Federal school zone law requires any firearm that is knowingly transported within 1000 feet of a “school zone” to be unloaded and in a locked container, or unloaded in a locked gun rack – unless the person has a Florida CWL. Persons with out of state CWL’s or those who can qualify for the Florida CWL cannot knowingly transport any firearms within this prohibited zone. On the other hand, while within a vehicle or other conveyance, a person with a valid Florida CWL may transport firearms within this zone fully concealed, securely encased, or not readily accessible according to Florida laws.
January 18, 2026 Updated CHAPTER SIX
Copyright 2026 by Jon Gutmacher
The following update of Chapter Six replaces Chapter Six , pages 87-95, in all “Gold editions” for the book “FLORIDA FIREARMS — Law, Use & Ownership.” This update may be used or downloaded for personal use only, and not for commercial use, reprint, or redistribution.