Jon H. Gutmacher, Esq.

Orlando Criminal Defense Lawyer

Former Prosecutor & Police Legal Advisor,

Author: "Florida Firearms -- Law, Use & Ownership",

Featured columnist: Sportsman's Gazette,

NRA Certified Firearms Instructor,

NRA Referral Attorney.

››› Go to Attorney Profile

JON H. GUTMACHER, P.A.: Orlando Criminal Trial Attorney Services
 

Florida Firearms -- Law, Use And Ownership Book Info

Sixth Edition

by Jon H. Gutmacher, Esq.

The Authoritative Guide Explaining Firearms, Weapons & Self-Defense Laws.

-- Florida & Federal --
  • Over 125,000 Copies Sold!
  • Used in Eighty Law Enforcement Police Agencies
  • Used in Seven Florida Police Academies

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View book's Table of Contents Below






Florida Firearms -- Law, Use & Ownership

Price: $29.95

 
 
(Plus Tax, Shipping and Handling charges)

Table Of Contents
Last Book Update March 18, 2010

Download PDF Version
 
FORWARD xi
INTRODUCTION xiii
 

CHAPTER ONE: THE RIGHT TO BEAR ARMS AND CONSTITUTIONAL ASPECTS:

1
THE BILL OF RIGHTS
1
THE SECOND AMENDMENT
1
A WELL REGULATED MILITIA:
1
THE RIGHT TO KEEP AND BEAR ARMS:
3
A WARNING ABOUT CONSTITUTIONAL INTERPRETATION:
4
FLORIDA'S RIGHT TO KEEP AND BEAR ARMS:
5
PREEMPTION LAW:
6
STATISTICAL DATA ON USE OF FIREARMS:
6
THE EXTENSION OF POWERS OF CONGRESS:
7
A BRIEF LESSON IN CONSTITUTIONAL LAW
8
WAITING PERIODS ON FIREARMS SALES:
12
 

CHAPTER TWO: QUALIFICATIONS FOR PURCHASING, OR POSSESSION OF FIREARMS:

15
DEFINITION OF A "FIREARM"?
15
ANTIQUE FIREARMS -- AND OTHER EXCEPTIONS:
16
OTHER EXCLUDED DEVICES:
20
AGE ON PURCHASES FROM FIREARMS DEALER:
20
JUVENILE FELONY OFFENDER:
21
AGE FOR NON-DEALER PURCHASE:
21
PURCHASES UNDER 18 YEARS OLD WITH PERMISSION:
21
PURCHASES DISALLOWED, EVEN WITH PERMISSION:
22
USE DISALLOWED EXCEPT UNDER ADULT SUPERVISION:
22
YOUTH HANDGUN SAFETY AMENDMENT
23
SOME QUESTIONS ABOUT AGE:
23
RESIDENCE, LOANS, RENTALS & BEQUESTS:
25
OUT-OF-STATE PURCHASE BY NON-FFL:
26
DUAL RESIDENCE:
28
PURCHASE BY ALIENS:
28
LEGAL DISABILITIES PREVENTING PURCHASE:
29
FLORIDA DOMESTIC VIOLENCE INJUNCTIONS:
32
PURCHASE FROM A LICENSED FIREARMS DEALER:
33
FLORIDA FIREARMS PURCHASE PROGRAM:
34
ARREST FOR "DANGEROUS" CRIME:
34
CHART OF ARRESTS PREVENTING FDLE APPROVAL:
35
WARNING ON DOMESTIC VIOLENCE CRIMES:
35
STATE DISABILITIES RECOGNIZED BY FEDERAL LAW:
36
PERSON ON FLORIDA PROBATION:
36
DENIAL FOR FELONY RECORD:
37
THREE YEAR WAITING PERIOD
38
WAITING PERIOD FOR HANDGUN PURCHASES:
38
CHART OF PERMITTED/NON-PERMITTED SALES:
40
 

CHAPTER THREE: WHAT TO DO AFTER THEY TURN YOU DOWN:

41
THE APPROVAL (OR DISAPPROVAL) PROCESS:
42
IDENTIFICATION NEEDED TO PURCHASE:
42
THE COMPUTER CHECK BY FDLE:
42
HOW THE FDLE CALL-IN SYSTEM OPERATES:
42
WHAT HAPPENS IF THE COMPUTERS ARE DOWN:
43
PROBLEMS WITH MIS-IDENTIFICATION:
44
APPROVAL, OR NON-APPROVAL NUMBERS FROM FDLE:
45
APPEAL PROCEDURE & CRIMINAL HISTORY REVIEW:
45
A QUICK HINT:
46
THE BRADY ACT & NICS:
46
 

CHAPTER FOUR: REMOVAL OF LEGAL DISABILITIES:

49
EXECUTIVE CLEMENCY:
49
EXPLANATION OF FORMS OF EXECUTIVE CLEMENCY:
50
WAIVER:
52
REAPPLICATION:
53
CHART ON EXECUTIVE CLEMENCY APPLICATION:
53
SOME LIMITATIONS ON PARDON POWER:
53
FEDERAL RESTORATION OF CIVIL RIGHTS:
54
EXPUNCTIONS & SEALINGS IN FLORIDA:
54
EXCEPTIONS TO EXPUNCTION PRIVACY:
55
FEDERAL & OUT-OF-STATE CONVICTIONS:
56
PROHIBITED EXPUNCTIONS:
56
 

CHAPTER FIVE: FLORIDA CONCEALED WEAPONS PERMIT:

57
WEAPONS COVERED BY LICENSE:
58
QUALIFICATIONS FOR THE CONCEALED PERMIT:
59
COMPLETING THE APPLICATION PROCESS:
63
RECIPROCITY:
64
PROHIBITED PLACES WITH CONCEALED PERMIT:
65
LICENSE VIOLATIONS:
69
LOST LICENSES, OR CHANGE OF ADDRESS:
69
SUSPENSION OR REVOCATION OF YOUR PERMIT:
70
HOW YOU CAN CARRY CONCEALED:
72
DEALING WITH POLICE OFFICERS:
72
WHY CONCEALED PERMITS ARE THE BEST
73
CONCEALED WEAPONS BADGES:
73
MOMENTARILY UNCONCEALED - "PRINTING":
74
CHART ON LICENSE SUSPENSION/REVOCATION:
75
 

CHAPTER SIX: TRANSPORTATION AND CARRYING OF WEAPONS, AND FIREARMS:

77
SUMMARY OF WHERE HANDGUN CAN BE KEPT IN VEHICLE:
77
THE LEGAL CARRYING OF FIREARMS -- LISTED:
78
CHART OF EXEMPTIONS UNDER FS 79025:
79
LEGAL CARRYING IN AUTOMOBILES & PRIVATE VEHICLES:
80
SECURELY ENCASED
81
READILY ACCESSIBLE FOR IMMEDIATE USE
86
UNCONCEALED SHOTGUNS AND RIFLES:
87
THE WAY IT USED TO BE
88
INTER-STATE TRANSPORTATION OF FIREARMS:
89
PRIVATE BOATS:
90
THE BAHAMAS & FOREIGN PORTS:
90
WEAPONS, AIRPORTS, AND COMMERCIAL AIRCRAFT:
91
PRIVATE AIRCRAFT:
94
TRAINS, BUSES, AND OTHER PUBLIC TRANSPORTATION:
95
CARRYING IN YOUR HOME OR BUSINESS:
95
PROBLEMS WITH CONDO’S & APARTMENTS:
97
WHEN YOU STILL CAN'T HAVE IT:
100
SCHOOLS, COLLEGES, UNIVERSITIES:
100
NATIONAL FORESTS:
100
NATIONAL PARKS & WILDLIFE REFUGES:
100
STATE FORESTS & PARKS
101
MAILING & SENDING FIREARMS:
102
INDIAN RESERVATIONS:
104
SEAPORT RESTRICTED ZONES:
105
HOSPITALS & MENTAL FACILITIES:
105
PARKING LOT LAW:
106
 

CHAPTER SEVEN: COMMON WEAPONS VIOLATIONS:

107
CARRYING CONCEALED WEAPONS/ FIREARMS:
107
PEPPER SPRAY, TEAR-GAS, AND POCKET KNIVES:
108
COMMON POCKET KNIVES:
109
ELECTRIC , TASER & CHEMICAL WEAPONS:
110
OPEN CARRYING OF WEAPONS OTHER THAN FIREARMS:
112
IMPROPER EXHIBITION:
113
DISCHARGING FIREARMS IN PUBLIC:
116
DISCHARGING MACHINE GUNS:
116
MACHINE GUNS, UNDERSIZED FIREARMS, AND OTHER NFA WEAPONS:
117
ANY OTHER WEAPON:
119
PEN GUNS & PISTOLS:
119
WALLET GUN:
120
SILENCERS:
123
CHART ON LEGAL GUN & BARREL LENGTH:
123
USING A FIREARM WHILE UNDER THE INFLUENCE:
123
SHOOTING AT VEHICLES, VESSELS & STRUCTURES:
124
SELF-PROPELLED KNIVES:
125
POSSESSION BY CONVICTED FELON:
125
PROHIBITION AS TO AMMUNITION:
126
FIREARMS INVOLVED IN THE COMMISSION OF A FELONY:
128
USE OF BULLETPROOF VESTS:
128
ARMOR PIERCING OR SPECIALITY AMMUNITION:
128
ALTERED OR REMOVED SERIAL NUMBERS:
131
DESTRUCTIVE DEVICES:
131
SWITCHBLADE KNIFE:
133
ASSAULT WEAPONS:
134
USE OF BANGSTICKS
134
ARMED TRESPASS
135
LICENSED PRIVATE SECURITY GUARDS
136
PERMITTED FIREARMS FOR “G” LICENSEE
137
PROHIBITED AMMO FOR SECURITY GUARDS:
137
DECLARED EMERGENCIES:
137
CHAPTER EIGHT: LAWS CONCERNING CHILDREN:
139
LAWFUL AGE TO POSSESS FIREARMS OR AMMUNITION:
139
FLORIDA LAWS PERTAINING TO MINORS
141
CHART OF PENALTIES FOR CHILD VIOLATIONS:
142
OTHER PENALTIES:
142
STORAGE OF LOADED FIREARMS:
145
CIVIL LIABILITY IF THE KIDS GET TO IT:
147
GUN FREE SCHOOL ZONES ACT -- PART TWO:
148
FLORIDA SCHOOL ZONE LAWS:
148
TRAINING CHILDREN TO BE SAFE
154
CHART RELATED TO POSSESSION NEAR SCHOOL:
155
 

CHAPTER NINE: DEALERS, FFL's & INSTRUCTORS:

157
WHO MUST SECURE A FEDERAL LICENSE:
157
WHAT DOES THE LICENSE COVER:
158
CONFUSION WITH CORPORATE OWNERSHIP:
160
LICENSED COLLECTORS:
161
OBTAINING THE FFL:
161
DENIAL OF APPLICATION:
162
PROCEDURE ON REVOCATION OF FFL:
162
ADMINISTRATIVE REVIEW OF RECORDS AND INVENTORY:
163
SALE OF FIREARMS/AMMUNITION TO LEGAL ALIENS:
164
NON-IMMIGRANT ALIENS
164
PROOF OF RESIDENCY:
165
PERMANENT BRADY LAW PROVISIONS
166
SALES OR DISPOSITIONS FROM PERSONAL COLLECTION:
166
MULTIPLE HANDGUN SALES TO SINGLE INDIVIDUAL:
167
LOSS OR THEFT OF FIREARMS
168
ANTIQUE FIREARMS:
168
PAWNBROKERS:
169
SELLING TO PERSONS WITH OBVIOUS IMPAIRMENTS:
170
SELLING TO KIDS:
170
SALE OF AMMUNITION TO MINOR
171
CHART ON PERMITTED WEAPON SALES TO MINOR:
172
REQUIRED FLORIDA WARNING NOTICES UPON SALE:
172
REQUIRED FEDERAL WARNINGS :
173
STUFF YOU GOTTA SELL:
173
STUFF YOU JUST CAN'T SELL IN FLORIDA:
174
SELF-PROPELLED, BALLISTIC, OR SPRING" KNIVES
175
GUN SHOWS:
175
RELOADING AS A BUSINESS:
176
FIREARM INSTRUCTORS:
176
FFL OPERATING OUT OF HOME:
177
ABBREVIATIONS & BOUND BOOK:
177
RESPONSIBLE PERSON
178
SALE OF UNFINISHED RECEIVERS:
179

CHAPTER TEN: MISCELLANEOUS PROVISIONS:

181
THE 1994 ASSAULT WEAPONS BAN:
181
MODIFICATIONS TO ASSAULT RIFLES:
183
LAW ENFORCEMENT OFFICERS SAFETY ACT
187
 

CHAPTER ELEVEN: SELF DEFENSE, AND THE LAWFUL

193
USE OF FORCE: FORCIBLE FELONY
195
DEADLY WEAPON:
196
IMMINENT:
197
REASONABLE BELIEF ("reasonably believes"):
197
DEADLY FORCE:
199
JUSTIFIABLE USE OF FORCE -- NON-DEADLY FORCE:
199
JUSTIFIABLE USE OF DEADLY FORCE:
203
EXCESSIVE FORCE:
204
NEW PROTECTION OF PERSONS & PROPERTY LAW:
204
CHANGES IN FS 776012:
206
HOME PROTECTION UNDER FS 776013:
207
NEW DEFINITIONS IN 776013:
208
HOW DOES SECTION, 776013, WORK?
209
IMMUNITY AND 776013:
210
EXCEPTIONS TO THE PRESUMPTIONS IN 776013:
212
DUTY TO RETREAT UNDER THE NEW LAW
214
PLACES WHERE YOU SHOULD HAVEA RIGHT TO BE:
216
SOME QUALIFIERS TO THE NON-RETREAT RULE:
218
WHAT WILL HAPPEN TO THE BURDEN OF PROOF:
218
RETREAT RULE - BUSINESS PREMISES:
219
DEADLY FORCE -- USE TO PREVENT ESCAPE:
220
LESS THAN LETHAL AMMUNITION:
221
USE OF FORCE BY LAW ENFORCEMENT:
221
CRIMES & PENALTIES FOR USING EXCESSIVE FORCE:
222
MANSLAUGHTER:
222
AGGRAVATED ASSAULT:
224
ROAD RAGE PROBLEMS WITH AGGRAVATE ASSAULT:
226
A NEEDED SELF-DEFENSE STATUTE:
229
EXCUSABLE HOMICIDE:
229
DEFENSES TO CIVIL LIABILITY:
232
OTHER CIVIL /INSURANCE PROBLEMS
232
INSURANCE:
233
DAMAGE CAUSED BY YOUR KIDS:
233
A SUMMARY ON THE USE & DISPLAY OF WEAPONS:
234
SELF-DEFENSE EXAMPLES - GOOD & BAD:
237
A SUMMARY ON SELF-DEFENSE LAW:
240
WHAT TO DO AFTER THE POLICE ARRIVE
241
911 - USE IT!
244
CELLULAR PHONES - YOUR BEST DEFENSE:
245
GETTING STOPPED BY THE POLICE:
245
USE OF FORCE AGAINST ANIMALS:
247
NANOSECONDS TO REACT:
251
Heynard v State, 689 So 2d 239 (Fla 1996):
251
James v State, 695 So 2d 1229 (Fla 1997):
252
Campbell v State, 679 So2d 720 (Fla 1996):
253
MANDATORY SENTENCES FOR FIREA255 OFFENSES:
255
CHART OF MANDATORY FIREARM SENTENCES:
257
FIRING A WARNING SHOT:
257
THE AFTERMATH OF MANDATORY SENTENCING:
258
MORE EXAMPLES & JURY PARDONS:
259
A NEEDED CONSTITUTIONAL AMENDMENT:
261
 

CHAPTER TWELVE: MORE MISCELLANEOUS:

263
PRIOR EDITIONS OF “FLORIDA FIREARMS:
263
FREE UPDATING SERVICE:
264
MY BLOG:
264
WEBSITE AND E-MAIL QUESTIONS:
264
ENDNOTE SECTION:
265
LIST OF PRO-SECOND AMENDMENT ORGANIZATIONS
265
GETTING A SEIZED FIREARM BACK:
266
GEORGIA LAW FOR CWP HOLDERS, ONLY:
267
   
CONCLUSION 267
ENDNOTES: 269
INDEX: 295
ABOUT THE AUTHOR: back inside cover

 

Jon H. Gutmacher, P.A., 200 N. Thornton Ave., Orlando, FL 32801
Phn. 407.650.0770 | Email: Contact Us