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Florida Suppressor Laws in 2026: What the State Attorney's Letter Means

By The Release Desk · Updated · How we verify · Editorial standards

Florida doesn't regulate suppressors at all at the state level, which made it an easy call once ATF stopped requiring NFA registration on October 9, 2026. A widely shared October 11 letter from a Florida State Attorney spelled that out for police. Here's what Florida law says, how far that letter reaches, and the hunting rules.

Not legal advice. This page summarizes Florida statutes, agency rules and public statements as of the date above. A State Attorney's letter guides that office's charging decisions; it isn't a court ruling. Ask your dealer or a Florida attorney about your situation.

The short answer

What Florida law says, and doesn't say

Many states that allow suppressors still name them in a criminal statute and then exempt registered ones. Florida never did. Chapter 790, Florida's weapons and firearms chapter, has no section we could find that prohibits or registers suppressors, and the State Attorney's letter below describes Florida as having no state-level suppressor regulation. That's the key difference between Florida and states like Ohio or Michigan, where state law hangs on federal registration.

Florida does have an NFA-style law for short-barreled guns. Section 790.221 prohibits possessing a short-barreled rifle, short-barreled shotgun or machine gun, but subsection (3) excepts firearms "lawfully owned and possessed under provisions of federal law." That's where Florida's real post-October 9 question was, and it's about SBRs and SBSs, not suppressors.

The October 11 State Attorney letter

On October 11, 2026, Brian S. Kramer, State Attorney for Florida's Eighth Judicial Circuit (Alachua, Baker, Bradford, Gilchrist, Levy and Union counties), wrote to police chiefs, sheriffs and command staff about how his office reads Florida law after ATF's guidance. The Reload published the letter's key passages on October 15.

On suppressors, Kramer's conclusion was short: because Florida has no state-level suppressor law, "the absence of an NFA tax stamp or registration does not make possession of a suppressor unlawful under Florida law."

On SBRs and SBSs, he relied on the Florida Supreme Court's decision in Rinzler v. Carson and concluded that, after Silencer Shop, DOJ's decision not to appeal, and ATF's nationwide guidance, "the absence of federal registration alone" no longer establishes a § 790.221 violation.

He also told officers that possessing a suppressor, SBR or SBS, or being unable to produce a Form 1, Form 4 or tax stamp, "should not by itself be treated as evidence that a crime is being committed," for reasonable suspicion, probable cause or plain-view seizure. Machine guns and destructive devices, he stressed, remain fully regulated.

How far does it reach? A State Attorney prosecutes crimes in his own circuit. The letter isn't binding on the other 19 State Attorneys, the Attorney General, or any court, and as of October 17 we haven't found a statewide opinion from the Florida Attorney General. For suppressors that matters less, because the conclusion follows from Florida's statutes rather than from the letter itself.

How the federal October 9 change fits in

ATF's open letter says it won't require NFA approval or registration to make or transfer suppressors, SBRs, SBSs or AOWs, for anyone. It's an enforcement policy following the Silencer Shop Foundation v. ATF ruling; the statute is still on the books, and ATF warns that unregistered items wouldn't automatically be grandfathered if enforcement resumes. In Florida, that means:

Hunting with a suppressor in Florida

For 57 years, FWC rule 68A-12.002 banned "silencer equipped" firearms for taking deer, gray squirrels, rabbits, wild turkeys, quail and crows. On November 21, 2014, the Commission voted unanimously to strike that language and signed Executive Order 14-32 so the change took effect immediately. The current rule contains no suppressor prohibition.

Normal method-of-take rules still apply: legal firearms and calibers for each species, season dates, and the rules for wildlife management areas. On federal land, check the managing agency's rules too.

Bottom line for Florida buyers

Florida is one of the clearest suppressor states in the country. State law doesn't touch suppressors, ATF no longer requires registration, and hunting with a can is legal. The remaining choices are yours: which can, which dealer, and whether to file a free voluntary Form 4. Browse new suppressors of 2026 and read the national buying guide for the federal steps.

Frequently asked questions

Are suppressors legal in Florida without a tax stamp?
Florida law doesn't regulate suppressors, and since October 9, 2026 ATF doesn't require registration or a stamp. State Attorney Brian Kramer's October 11 letter says the absence of a stamp or registration does not make possession unlawful under Florida law.
Does Florida require a state permit or registration for a suppressor?
No. Chapter 790 of the Florida Statutes has no suppressor registration or permit requirement. Federal Gun Control Act rules, including the Form 4473 and background check, still apply at a dealer.
Is the Florida State Attorney letter statewide?
No. Brian Kramer is State Attorney for the Eighth Judicial Circuit, and his letter guides his office. It isn't binding on other State Attorneys or courts, though its suppressor conclusion follows from Florida's statutes.
Can you hunt with a suppressor in Florida?
Yes. FWC removed the silencer prohibition from rule 68A-12.002 on November 21, 2014, effective immediately under Executive Order 14-32.

Sources

  1. Florida Statutes § 790.221 (short-barreled rifles and shotguns)
  2. The Reload: Florida State Attorney letter (Oct. 15, 2026)
  3. Office of the State Attorney, Eighth Judicial Circuit
  4. Fla. Admin. Code r. 68A-12.002 (general methods of taking game)
  5. FWC: final hunting rule amendment, 68A-12.002 (PDF)
  6. SGB: Florida legalizes hunting with suppressors (Nov. 25, 2014)
  7. ATF: Update to NFA Transfer Guidance and FAQ (page last updated Oct. 16, 2026)
  8. ATF Open Letter, Oct. 9, 2026 (PDF)
  9. ATF fact sheet: NFA Guidance: Liberty and Justice for All (PDF; undated, linked from the guidance page last updated Oct. 16, 2026)

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