FRT in Florida

FRT in Florida

Gunny Dan

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Blog 07
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The Florida Attorney General (AG) opinion is a major victory for FRT owners

 

Can I legally own a FRT in Florida? Maybe ....... legally, no ..... because

The decision does not automatically make FRTs legal. Florida Statute § 790.222 remains in effect, and an AG opinion is advisory, not a binding court ruling.

Although the AG announced his office will no longer defend convictions under this statute,

IT IS IMPORT TO NOTE THAT: local prosecutors and courts are not bound by that position. Violations can still carry felony charges and up to five years in prison.

Great development, but I’d exercise caution until we have a binding court decision or legislative repeal.

Read it for yourself HERE

Verification of Key Details

The AG Opinion and Forced Reset Triggers (FRTs). In his November 13, 2026 Legal Opinion, Attorney General James Uthmeier concluded that Florida Statute § 790.222 violates the Second Amendment because it sweeps in lawful accessories that merely increase trigger reset speed. The opinion specifically names forced reset triggers (FRTs), short triggers, and trigger-lightening kits among the components affected by the statute's broad wording.

 

Appellate Defense Position. In the formal opinion, Uthmeier confirmed that his office—which handles criminal appeals for the state—will no longer defend convictions obtained under Section 790.222. This means that you still may be convicted under the law, but if you appeal the AG will not fight the appeal. This is favarable in the legal terms BUT it will cost you money in legal fees and headeachs. 

 

Advisory Nature vs. Binding Law. Under Florida law, Attorney General Opinions are advisory statements of law rather than binding judicial precedent. While the opinion directs state executive branch officials not to enforce the ban, independent county sheriffs, local police departments, elected State Attorneys (who operate in Florida's 20 judicial circuits), and state trial judges are not legally bound by an AG opinion to halt arrests or prosecutions. They can still prosecute you for violation of the law. 

 

Statutory Status and Penalties. Because the Florida Legislature has not repealed Section 790.222 (a 2026 repeal effort, HB 6021, died in committee), the law remains active on the books. Importing, selling, transferring, or possessing a prohibited device under § 790.222 remains a third-degree felony, which carries a maximum penalty of up to five years in state prison, five years of probation, and a $5,000 fine under Florida sentencing statutes. Therefore, if you buy an FRT and bringing to FL, have it shipped to FL you are in violation of the law. 

Practical Takeaway
 
Until a Florida appellate court issues a binding ruling invalidating § 790.222 or the Florida Legislature formally repeals the statute, possessing or transferring an FRT in Florida still carries legal risk depending on local law enforcement and State Attorney policies