Category: Ownership

Non-violent Felons CANNOT be Denied Their 2nd Amendment Rights

June 08, 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?

September 01, 2022

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?

December 14, 2020

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…

Ghost Guns

June 26, 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

February 12, 2020

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

February 22, 2019

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

February 21, 2019

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

February 20, 2019

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?

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…

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. …

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

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…

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