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Category: Gun Ownership FAQ

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 Christine Vazquez With the holidays just around the corner, you may be wondering how you can gift a firearm to a minor (child). Gifting a firearm in Florida is a relatively simple process. However, when the beneficiary of your gift is a minor, certain nuances apply. In Florida, the legal age to purchase a…

Florida Bump Stock Ban and The New Federal Bump Stock Ban

December 23, 2018

Updated June 14, 2024 By David S. Katz, The Firearm Firm The Federal Bump Stock ban discussed below is no longer valid law.  Today, June 14, 2024, the United States Supreme Court struck down the Federal Ban.  To learn more about the Supreme Courts decision, please click here. Acting Attorney General Matthew Whitaker signed a…

The New Federal Bump Stock Ban – A Threat to Freedom

December 23, 2018

Updated June 14, 2024 The Federal Ban on Bump Stocks which is the subject of this article has been declared unconstitutional by the United States Supreme Court.  The ATF rule redefining “machine gun” is no longer valid.  This article will remain on our website for historical purposes, but the rule discussed is no longer enforceable. …

Gifting (or selling) a Firearm Across State Lines

December 22, 2018

By Danielle Wall Birthdays, holidays, anniversaries, graduations, other special occasions, or just because you want a loved one to be able to protect themselves, here is what you need to know about gifting a firearm across state lines. The transfer of a firearm across state lines must be done through a Federal Firearm Licensee (FFL)…

What is an RPO (Risk Protection Order)?

December 21, 2018

By David S. Katz Risk Protection Orders are also known as Red Flag Laws.  Under Florida law, a “Risk Protection Order” or “RPO” is either a temporary or final order prohibiting the possession or purchase of a firearm or ammunition, issued against a person who poses a significant danger of causing personal injury to himself/herself…

Medical Marijuana, Your CWFL, and Possessing Firearms

December 20, 2018

It is important to realize that although the State of Florida has recently passed medical marijuana legislation legalizing the use of marijuana for some people, the Federal Government still considers marijuana a controlled substance.  Should you decide to use marijuana under a lawful prescription, you should realize that you will be giving up your right…

Can I Purchase a Firearm for Someone Else?

December 19, 2018

By David S. Katz Can I buy a firearm for another person? No.  This would be a “straw man” purchase.  In order to legally purchase a firearm from a dealer, you must be the “actual purchaser or transferee.”  If you are not the actual purchaser or transferee, it is illegal for you to complete the…

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