Gun Laws

When is an Action “Imminent” Under Florida Law?

January 04, 2019

By David S. Katz When does someone have a reasonable belief that they must use force in order to protect themselves from an “imminent use of unlawful force” by another? In Florida, the decision will be ultimately decided by a jury.  Let’s focus on the word “imminent.” Florida courts have said that imminent means an…

What Happens With My Firearms When I Die?

January 03, 2019

By David S. Katz Depending on the manner in which a person leaves his or her estate behind, firearms may be bequeathed in a customary manner like other personal property.  However, firearms held in an estate are still subject to the laws of transfer and possession.  Thus, careful consideration needs to be given in estate…

What Kind Of Ammunition is Illegal in Florida?

January 02, 2019

By David S. Katz Florida Statute §790.31 defines armor-piercing ammunition as well as other types of ammunition which are illegal under Florida law.  The following types of ammunition are illegal in Florida: armor-piercing, exploding ammunition, dragon’s breath shotgun shells, bolo shells, or flechette shells. These types of ammunition are defined in Florida Statute §790.31(1) as:…

Carrying a Firearm in Your Car Without a CWFL.

December 31, 2018

By Danielle Wall Not everyone wants to get a concealed weapons license, but some people do want to be able to have a firearm with them in case of an emergency or to partake in target practice and things of that sort.  So, how does one, in the State of Florida, carry a firearm without…

What Conditions Must be Present For a Justifiable Use of Force Under Florida Law?

December 28, 2018

By David S. Katz On FaceBook, Larry Benson asked, “what are the 2 conditions of Justifiable Use of Force?”  Our complete answer follows: What Conditions must be present for a justifiable use of force under Florida Law? Florida Statute Chapter 776 is titled, “Justifiable Use of Force.”  Section 776.012(a) discusses the use of force and…

Can Local Government Limit Your Gun Rights in Florida?

December 28, 2018

The Florida Legislature can and does prohibit local municipalities from making certain gun laws by the legal doctrine known as “preemption.” A preemption statute is a mechanism by which the Florida legislature sets certain areas off limits to local governments, which helps ensure the uniformity of law across the state, in this case, firearms law. …

Charged With A Felony, But The Court Withheld Adjudication, Can I get a CWFL?

December 27, 2018

By David S. Katz Being convicted of certain crimes can result in an application for a CWFL being denied or a CWFL being revoked if one had previously been issued. The question arises, when is a person “convicted” such that their ability to obtain or retain a CWFL is negatively affected? What is a “withhold…

Stand Your Ground in Florida

December 26, 2018

In 2005 Florida created the nation’s first “Stand your Ground Law.”  The 2005 version of Florida’s Stand Your Ground Statute, which was found in §776.013(3) read: “A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty…

The Castle Doctrine in Florida

December 25, 2018

By David S. Katz The term “Castle Doctrine” does not appear in Florida law, however, the legal concept comes from the philosophy that every person is a King or Queen of his or her “castle.” As such, no king or queen is required to retreat before using force or deadly force against an intruder in…

Gifting A Firearm To A Person Under 21 Years Old

December 24, 2018

By Danielle Wall So, you want to give your child, niece, nephew, grandchild, cousin a firearm as a gift.  This can be done relatively simply, but when the person you are wanting to gift a firearm to is a minor, there are some very important laws in Florida that you need to be aware of….

Florida Bump Stock Ban and The New Federal Bump Stock Ban

December 23, 2018

By David S. Katz, The Firearm Firm & Emily Taylor, Walker & Taylor, PLLC Acting Attorney General Matthew Whitaker has just signed a national ban on bump stocks, expected to go into effect on March 21, 2019. This ban follows on the heels of the Florida Bump Stock Ban which went into effect on October…

The New Federal Bump Stock Ban – A Threat to Freedom

December 23, 2018

A New Federal Bump-Stock Ban has just been signed by Acting Attorney General Matthew Whitaker,.  This ban follows on the heels of the Florida Bump Stock Ban which went into effect on October 1, 2018.  The new ban is, expected to go into effect on March 21, 2019. This ban is unlike any previous federal…

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