Florida: Destructive devices


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Guitargod1985
April 17, 2008, 12:37 AM
I was always under the (perhaps misguided) impression that DDs were not legal in the state of Florida? Is this the case or am I mistaken?

Here is an excerpt from Chapter 790, Florida Statutes:
A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:

(1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.


Does "willful and unlawful possession" mean any possession or simply possession without appropriate NFA papers/registration?

Thanks in advance.

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mekender
April 17, 2008, 03:54 AM
willfully is an up for interpertation word, the ATF defines willful violations on the 4473 as writing a "N" instead of "No"

unlawfully would come into play even if you had a NFA regestered DD, because it would be illegal to use it

divemedic
April 17, 2008, 10:44 AM
unlawfully would come into play even if you had a NFA regestered DD, because it would be illegal to use it

Not necessarily. Simple possession of a registered DD is not use, and is not unlawful.

k_dawg
April 17, 2008, 12:36 PM
Yes, DD is legal in florida as long as it is properly registered/stamp tax paid

i.e. "lawfully" posesses

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