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Posted: 12/3/2018 10:59:08 PM EDT
Hi all,  new to Florida and trying to get caught up on the laws here.  Question regarding Flechettes.  I see in the statute that AP, Dragons breath, Bolo and Flechettes are banned, does that pertain to NFA items?  Can I bring in 40MM Flechettes for my registered M203 or do I need to leave them in my secondary residence in another state?  I asked the office of Agriculture but they could not clarify and the local PD hasnt responded. Just curious.  Thanks.
Link Posted: 12/4/2018 11:13:54 AM EDT
[#1]
Let me preface this by stating that I AM NOT LAWYER and I am NOT giving legal advice.

What Florida law actually says based on my Google search

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

View Entire Chapter
790.31 Armor-piercing or exploding ammunition or dragon’s breath shotgun shells, bolo shells, or flechette shells prohibited.
(1) As used in this section, the term:
(a) “Armor-piercing bullet” means any bullet which has a steel inner core or core of equivalent hardness and a truncated cone and which is designed for use in a handgun as an armor-piercing or metal-piercing bullet.
(b) “Exploding bullet” means any bullet that can be fired from any firearm, if such bullet is designed or altered so as to detonate or forcibly break up through the use of an explosive or deflagrant contained wholly or partially within or attached to such bullet. The term does not include any bullet designed to expand or break up through the mechanical forces of impact alone or any signaling device or pest control device not designed to impact on any target.
(c) “Handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver.
(d) “Dragon’s breath shotgun shell” means any shotgun shell that contains exothermic pyrophoric misch metal as the projectile and that is designed for the sole purpose of throwing or spewing a flame or fireball to simulate a flamethrower.
(e) “Bolo shell” means any shell that can be fired in a firearm and that expels as projectiles two or more metal balls connected by solid metal wire.
(f) “Flechette shell” means any shell that can be fired in a firearm and that expels two or more pieces of fin-stabilized solid metal wire or two or more solid dart-type projectiles.
(2)(a) Any person who manufactures, sells, offers for sale, or delivers any armor-piercing bullet or exploding bullet, or dragon’s breath shotgun shell, bolo shell, or flechette shell is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any person who possesses an armor-piercing bullet or exploding bullet with knowledge of its armor-piercing or exploding capabilities loaded in a handgun, or who possesses a dragon’s breath shotgun shell, bolo shell, or flechette shell with knowledge of its capabilities loaded in a firearm, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Any person who possesses with intent to use an armor-piercing bullet or exploding bullet or dragon’s breath shotgun shell, bolo shell, or flechette shell to assist in the commission of a criminal act is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to:
(a) The possession of any item described in subsection (1) by any law enforcement officer, when possessed in connection with the performance of his or her duty as a law enforcement officer, or law enforcement agency.
(b) The manufacture of items described in subsection (1) exclusively for sale or delivery to law enforcement agencies.
(c) The sale or delivery of items described in subsection (1) to law enforcement agencies.
History.—s. 1, ch. 83-253; s. 1, ch. 92-141; s. 1221, ch. 97-102.

What I don't see in this text as it relates to Flechette is "possession" other than if you intend to use it "to assist in the commission of a criminal act".

Now we get into the weeds;

Does "deliver" include bringing it into the state to your own address?

Can you own a Flechette round as long as it is never "loaded in a firearm"?

Is an M203 defined as a "firearm" by the State of Florida. I believe ATF defines it as a "Destructive Device". I don't own a 40mm launcher so I don't know the nuance of this being a firearm or not as defined by the State of Florida.

Perhaps somebody authoritative will chime in. In any case, I got you a bump to the top
Link Posted: 12/4/2018 12:25:53 PM EDT
[#2]
IANAL

Just for the sake of discussion, I'm not even sure it is legal to possess your DD in Floirda.

Florida statutes address MGs, SBRs, and SBSs and allows possession if registered per federal law.

790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.—
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.
(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.
History.—s. 10, ch. 69-306; s. 1, ch. 89-312; s. 21, ch. 93-406; s. 1217, ch. 97-102.

Florida statutes ignore silencers other than to classify them as firearms.

Florida statues do not define AOWs but they do define firearms, and AOWs would fit that definition.

DDs fall into a very grey area.

From 790.001

(4) “Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. “Destructive device” does not include:
(a) A device which is not designed, redesigned, used, or intended for use as a weapon;
(b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;
(c) Any shotgun other than a short-barreled shotgun; or
(d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.

But that definition, in and of itself, does not make the possession of a DD a crime.  790.161 may...

790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties.—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.
(2) If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084.
(3) If the act results in bodily harm to another person or in property damage, commits a felony of the first degree, punishable as provided in s. 775.082 or s. 775.084.
(4) If the act results in the death of another person, commits a capital felony, punishable as provided in s. 775.082. In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment if convicted of murder in the first degree or of a capital felony under this subsection, and such person shall be ineligible for parole. No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.
History.—s. 1, ch. 59-29; s. 6, ch. 69-306; s. 1, ch. 70-85; s. 747, ch. 71-136; s. 6, ch. 72-724; s. 2, ch. 76-38; s. 44, ch. 88-381; s. 3, ch. 90-124; s. 3, ch. 90-176; s. 19, ch. 93-406; s. 2, ch. 94-228; s. 3, ch. 98-3.

BUT. the statute says "unlawfully"!!

So I guess your DD is ok to possess and shoot in Florida as long as you don't do it unlawfully.  Keep in mind that all ammunition for your DD is, in and of itself, is a DD. per 790.001.

The only thing I'm pretty sure of is that you can't load your flechette round.

(b) Any person who possesses an armor-piercing bullet or exploding bullet with knowledge of its armor-piercing or exploding capabilities loaded in a handgun, or who possesses a dragon’s breath shotgun shell, bolo shell, or flechette shell with knowledge of its capabilities loaded in a firearm, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

I hope someone will come along and give you a straight answer.

Sorry I was not able to to.

Welcome to Florida.
Link Posted: 12/4/2018 2:09:10 PM EDT
[#3]
Thanks guys.  I know the M203 is good to go in FL and was approved for Transfer on a 5320.20 so Im squared away there.  I think Ill leave the 40mm Flechettes in my other state of Residence for now.  Not really worth the hassle anyhow.  I appreciate the info!
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