Former Prosecutor & Police Legal Advisor,
Author: "Florida Firearms -- Law, Use & Ownership",
Featured columnist: Sportsman's Gazette,
NRA Certified Firearms Instructor,
NRA Referral Attorney.

Florida Firearms -- Law, Use And Ownership Book InfoSixth Edition
by Jon H. Gutmacher, Esq. The Authoritative Guide Explaining Firearms, Weapons & Self-Defense Laws.-- Florida & Federal --
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View book's Table of Contents Below
Table Of Contents
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| 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 |