Disregard, I think I was just reading to deep into the law
Section 790.1612, Florida Statutes, was enacted in 1990.[1]
A review of the legislative history surrounding the changes made in 1990 to section 790.161, Florida Statutes, and the creation of section 790.1612, Florida Statutes, indicates that the intent of this legislation was to strengthen laws regarding explosive devices by changing the levels of punishment for violations of the statute, not to criminalize the legal possession of such devices. There are also statements made during legislative committee hearings that the changes to the bill "would not violate the rights of those who have these devices legally."[2]
Thus, it continues to be the position of this office that Florida law allows the lawful possession of destructive devices as defined in section 790.001(4), Florida Statutes, as is currently evidenced by sections 790.161 and 790.1612, Florida Statutes.
Sincerely,
Gerry Hammond
Senior Assistant Attorney General
