Category: Ownership
June 2023
US Court of Appeals finds Denial of Gun Rights for Non-Violent Felons Unconstitutional June 6, 2023 marks another major win for supporters of the Second Amendment as the United States Court of Appeals for the Third Circuit found that the U.S. government cannot constitutionally ban those convicted of non-violent felonies from possessing guns. The case,…
What affect does a withhold of adjudication have on your gun rights?
In Florida, judges have authority pursuant to Florida Statute § 948.01 to “withhold adjudication” of guilt, even in most felony cases, and place the offender on probation. “If the defendant successfully completes his probation, he is not a convicted person but if the probation is violated the court may then adjudicate and sentence.” United States…
Can I give a gun as a gift?
Updated August 31, 2022 It is perfectly legal to give a gun as a gift, but depending on where you live and where the receiver of the gift lives, it can be complicated. Many gun stores sell gift cards that can be given instead of gifting an actual firearm. This is a far less complicated…
June 2020
Ghost guns are not your favorite firearms dressed up to go trick or treating. The term “Ghost Gun” refers to a gun that is manufactured by an individual. They are usually made at home. Ghost Guns do not have a serial number. Furthermore, even in states that have mandatory gun registration, ghost guns are not…
Inheriting A Firearm
If you are inheriting a firearm, you may have many questions. Frequently, we are contacted when a resident of Florida inherits a firearm from a relative in another state. The caller is aware of the normal rules that prohibit the transfer of a firearm between two people who are residents of different states. They worry…
Documenting A Private Sale of Firearms
NO REQUIREMENT TO DOCUMENT To be very clear, Florida law does not require that the private sale of a firearm be documented at all! If the firearm you transfer in a private sale is used in a criminal act, the police will come calling. These suggestions may keep you out of trouble with the law. Documenting…
Private Gun Sales Between States
Recently we posted about Private Gun Sales. In that post we wrote: Under federal law, an unlicensed (non-dealer) may only “transfer” a firearm to another unlicensed person in the same state. But what happens if the buyer or seller have a home in more than one state? What about Members of the Armed Forces, stationed outside their home…
Living with a Felon and a Firearm
Having a Firearm in the House with a Convicted Felon Yes, it is possible for you to live with a felon and a firearm in the same house. However, the convicted felon cannot possess the firearm. In Florida, there are two types of possession: actual and constructive. Actual possession is when someone has exclusive control…
What Happens With My Firearms When I Die?
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…
Can Local Government Limit Your Gun Rights in Florida?
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. …
Gifting A Firearm To A Person Under 21 Years Old
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
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…
Categories
- 2nd Amendment Rights (7)
- 4th Amendment (3)
- Ammunition (1)
- Animals (3)
- ATF (6)
- Background Check (10)
- Backyard Range (2)
- Boating (1)
- Bump Stock (5)
- camping (1)
- Car carry (12)
- Carry Laws (46)
- Carrying at work (3)
- Castle Doctrine (6)
- Children (6)
- Church Carry (5)
- church security (1)
- church temple mosque security (1)
- Client Stories (3)
- Concealed Carry License (17)
- Constitutional Carry (5)
- CWFL (2)
- Defending Others (7)
- Defense of Property (1)
- Domestic Violence (1)
- Education (3)
- Emergency (3)
- Firearm Firm News (8)
- Firearm Storage (8)
- Firm News (1)
- First Aid (1)
- Fishing (2)
- Florida Carry Laws FAQ (35)
- Ghost Guns (1)
- Gift (4)
- Good Samaritan (2)
- Gun Laws (60)
- Gun Ownership FAQ (47)
- hunting (1)
- Immunity (6)
- Inheriting A FIrearm (1)
- Latest News (6)
- Legislative Update (10)
- Mailing (2)
- Mailing firearms (2)
- mailing guns (2)
- Medical Marijuana (5)
- Minor (4)
- Modifications (1)
- mosque security (1)
- Moving (1)
- National Parks (2)
- NFA / NFA ITEMS (4)
- Other Weapons (3)
- Ownership (18)
- Permitless Carry (3)
- police encounters (3)
- Popular (13)
- Possession of firearms (4)
- Purchase Law (16)
- Reciprocity (2)
- Red Flag Laws (2)
- Restoring Rights (1)
- Road Rage (3)
- School Zones (4)
- Self Defense (26)
- Self Defense FAQ (15)
- Selling Firearms (6)
- Seminars (3)
- Shipping (2)
- Shipping-Transporting (2)
- Stand Your Ground (8)
- State Parks (2)
- Stolen Firearm (1)
- storage (2)
- synagogue security (1)
- temple security (1)
- Transporting (1)
- Travel (10)
- U.S. LawShield (4)
- Uncategorized (2)
- Use of Force (21)
- Vehicle Carry (14)
- Visiting Florida (7)
- Webinar Videos (8)
Get in touch
"*" indicates required fields
Copyright © 2024 The Firearm Firm All rights reserved.