30, 38, 39

Florida switched to NICS for both concealed permit checks and firearm purchases in November 1998 — so there is no need for a permitee to have a records check or waiting period when purchasing a firearm.

11, 113

Two federal appellate courts have sustained the new school zone law [18 USC 922 (q) ]despite the Supreme Court’s opinion. Pierson, 139 F.3d 501 (5CCA 98). Danks, 221 F.3d 1037 (8CCA 1999).  But, a recent decision of the Supreme Court seems to reassert the invalidity.  See, U.S. v. Morrison, 146 L.ed.2d 658 (2000). 

79

Mailing a handgun or ammo violates 18 USC 1715 & 1716

79

Federal hunting violations are strict criminal  liability — you’re guilty even if you don’t know it’s illegal.  Thus, hunting migratory birds over an illegally baited field is a federal misdemeanor, even where hunter didn’t know it was illegally baited.

24

involuntary emergency committment to mental institution (ie: “Baker Act”) is disqualification for ownership/possession of firearm.  Chamberlain 159 F.3d 656

61

a Florida legislative snaffu may allow a person with a misdemeanor domestic violence conviction/withheld to get a concealed permit after three years has expired.  Warning: the federal felony still exists, as under federal law a prior domestic violence based battery [or those assaults involving threatened use of deadly weapon] is a permanent bar to ownership or possession of a firearm no matter what State law says!!!

n/a

zero tolerance policy that suspended student for possession of weapon requires knowledge by student that weapon is there, and violates Constitution where friend placed knife in car, unknown to student.  Seal, 229 F.3d 567 (6CCA 00)

55

I suggest you do not carry concealed weapon on school property, bus stop, bus, no matter what the law might actually be.  Keep firearm securely encased in vehicle.

Chap. 11

Classic self-defense gone bad where Defendant lawfully shot assailant, and then shot him again as he was coming off the floor.   Jury found second shooting was unnecessary.  Rayl 25 FLW 2032 (2DCA 8/00)   Note:  Another attorney, or better jury  might have walked this guy.  

misc.

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n                  We recommend the 1997 printing of the Fourth edition be replaced as outdated, and suggest that replacement might be a good idea for any printings before October 99.  You’ll find this information on page just before Table of Contents.   [each new printing of the book is updated]