Category: Purchase Law
The Second Amendment: No Longer a Second-Class Right
The Second Amendment is not a second class right. The Supreme Court announced that in the landmark Bruen decision (Read our blog on Bruen) and now a federal judge in Texas has applied this pronouncement in another gun case. On, September 19, 2021, a federal judge in Texas ruled that based on the recent U.S….
Delayed or Denied a Firearm Purchase?
BACKGROUND CHECKS AND THE FIREARM PURCHASE PROGRAM The Gun Control Act of 1968, 18 U.S.C. §921-929, required regulation for the sale and delivery of firearms from a federally licensed firearms dealer (FFL) to an unlicensed buyer. In 1991, the Florida Department of Law Enforcement (FDLE) created the Firearm Purchase Program which was authorized pursuant to…
Congress Passes Gun Legislation: Impact on Florida Gun Owners
Updated June 25, 2022 President Biden signed the Safe Communities Act into law just before 9:00 am on Saturday, June 25, 2022. This Bipartisan Gun Control act is now law. Congress passes gun legislation the day after the United States Supreme Court released a landmark decision expanding firearms rights for all Americans. Congress passed the…
The Firearm Firm Fights to Protect Your Rights!
The Firearm Firm joins with Florida Carry to protect your rights. The attorneys at the Firearm Firm (Law Offices of Katz & Phillips, P.A.), along with the law firm of Kingry and Friday, P.A. have filed a class-action lawsuit on behalf of Florida Carry against the Florida Department of Law Enforcement (FDLE) for its ongoing violations…
Purchasing Guns On The Internet
In previous posts we discussed the private sale of firearms within a state and between states. We also posted about how to document a private firearm sale, should you choose to do so. This post addresses purchasing firearms on the internet. As discussed in the previous posts, a private sale must be between residence of the…
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…
The Second Amendment Under Attack – “ASSAULT WEAPON BAN” Legislation pending in Florida House and Senate
By: David S. Katz Firearm owners and gun rights advocates in Florida now have two “Assault Weapons Ban” bills to worry about. House Bill 455 and an almost identical bill in the Senate, Senate Bill 466. Below is a very short and condensed analysis of the proposed infringements on Floridians Second Amendment rights under the…
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…
What is an RPO (Risk Protection Order)?
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
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?
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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