Ownership

Christmas Gifts

Can I give a gun as a gift?

December 14, 2020

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 method of gifting a…

Ghost Guns

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

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

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 Sale Between States

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…

felon and firearm

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…

Last Will and Testament

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…

Capital Building

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. …

Wrapping a Gift

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…

Red Flag Laws

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…

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