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Newsletter #14 - August 2000 Florida Firearms Update
Good morning Folks. Hats off to Jon Gutmacher, author of "Florida Firearms - Law, Use & Ownership". Jon has provided the August 2000 legal update and requests that you pay particular attention to the last element that references the shooting again of an already wounded attacker. Please remember what I stress - Articulate, Articulate , Articulate and use a competent attorney (Jon Gutmacher) if you have a situation! Still room for the October 14 All Day Class. Stay Safe! Norm
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Shotgun shells that are 12 gauge or larger diameter which are not generally suitable for “sporting purposes” can be classified as destructive devices by ATF, and if so, possession without a federal tax stamp would be a felony. Thus, it may be unwise to have 12 gauge “specialty” ammo that is specifically designed for combat type purposes. Demko v. US, 216 F3d 1049 (Fed Cir 2000) |
| Person who flees pending criminal charges is “fugitive” and is in “constructive possession” of any guns left on property he owns/rents, and thus subject to federal prosecution. Person charged with felony must get rid of guns and ammo |
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Computer checks on denied NICS gun transfers are kept by FBI for ten years in audit log, and then transferred to storage. NRA v. Reno, 216 F3d 122 (DCC 00) |
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Old battery conviction that fits definition of “domestic violence” can serve as basis for federal prosecution for possession of firearm by disqualified person even where conviction predated the federal statute, and defendant was unaware it was a crime. US v. Mitchell, 209 F3d 319 (4th Cir. 00) |
| Warning: Florida residents who have marital injunctions entered against them to prevent domestic violence — such injunctions until dissolved bar your ownership of firearms and ammunition under Federal law — thus, if you move out of Florida while the injunction remains, and purchase firearms — you are still illegal under Federal law even though the injunction says it’s only effective in Florida. An injunction can be dissolved any time you can show the court it is no longer necessary |
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Possession of auto-sear without tax stamp for machinegun is ten year federal crime even where on gun just purchased “for parts”. It’s legal only where kept as “replacement part” for machinegun you currently have a tax stamp on. |
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Where attacker is running away — you cannot shoot and claim “self defense” as there is no fear of imminent harm. Marmol, 25 FLW 363 (3DCA 00) |
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The phone number on the first page of the book is wrong — it should be 407-650-0770 |
| Rayl, 25 FLW 2032 (8/00) — very instructive self defense case where victim was shot second time as getting off floor to renew attack. Victim unarmed, but known karate expert. Convicted of manslaughter. Problem was jury probably thought victim was no longer a danger to life after being shot first time, and fell to floor. Defendant should have introduced evidence of continued danger to his life through karate expert. Moral: You can keep shooting until he goes down, but once down — get a real good lawyer (and hope for a good jury) before you shoot again, unless the guy is armed |
** The Rayl case was added to the update in late September. It is an important case to think about, because it shows how a bad jury can misconstrue the facts, and how a seemingly minor part of the defense was overlooked by counsel (any attorney could have missed this one) which later became a crucial issue in the trial and appeal. My opinion is that this should have been a not guilty verdict
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