April 2024

Untrained and Overzealous Law Enforcement and Prosecutors are the Biggest Threat to your 2nd Amendment Rights!

We constantly hear in the news about proposed legislation to make it more difficult to purchase firearms, ammunition, and firearm accessories.  Frequently, legislation is proposed to ban this firearm or that and we see the national and local gun rights organizations get up in arms and promise swift action, lobbying, and lawsuits.  However, anyone who has heard me speak at 2^nd amendment rallies knows that I take these threats seriously, but do not believe these are the biggest threat to the 2^nd amendment and your right to keep and bear arms.  No, not at all.  The biggest threat in my opinion is overzealous, and untrained prosecutors and law enforcement officers.

What Good is a Right to Bear Arms?

Although our law firm is involved with a number of national and local gun rights organizations and is involved in lawsuits for them (Florida Carry and Gun Owner’s of America, to name just 2 of them) and although we fight to preserve your rights in these lawsuits, the biggest battles are fought for the individual clients who come to us after they have lawfully defended themselves, yet face criminal prosecution and serious charges and penalties.  What good is a right to bear arms when the moment you actually bear those arms in self-defense, you are facing prosecution and years in prison?

Florida has Great Immunity Protection!

Florida has some of the best self-defense laws in the country and is a leader in immunity for self-defense, unfortunately, way too many people are arrested, forced to hire a lawyer, and put up a defense including the filing of an immunity motion, both in criminal court or in civil litigation.  Although immunity is a way to shortcut and head off the expense of trial, it is not free, or even cheap.

Not All Law Enforcement and Prosecutors Understand the Purpose of Immunity!

Numerous criminal cases have also been won in immunity by our firm.  In each case our client was arrested and charged with a serious crime after defending themselves lawfully.  In almost every case where a gun is drawn, even if it is not fired, the person who was defending themselves is arrested.  Further, most prosecutors do not understand that Florida’s Immunity statute is meant to help persuade them to not pursue charges against those who defended themselves legally and time after time, we have had to go before a judge and argue immunity in cases where it was obviously self-defense, often with videos to prove it.  However, these innocent Floridians are put at risk in a justice system that will roll right over them without proper legal assistance.

Hold Elected Officials Accountable for the Actions of Their Offices

From clients that were attempting to retreat when a knife was thrust toward them and defended themselves with a gunshot, to others who only displayed their firearms when threatened with non-deadly force, we have had to defend innocent Floridians far to often.  So, the question remains, what good is the right to bear arms, when you get arrested for exercises that right, properly, in valid and justified self-defense situations?  This is the real danger to the 2^nd amendment.  This will only change if we hold elected Sheriffs and elected State Attorneys accountable for the arrest and prosecution decisions of their subordinates.  This is the real fight to protect your Second Amendment rights.  A fight we are involved in every day.

To learn about a recent Civil Immunity case, click here!

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida.   There, he gained invaluable experience analyzing how...
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