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30, 38, 39

Fla. Licensing Div. says Florida began NICS for concealed permit checks on new permits only, not renewals.  Thus renewed permits from 1998 on don’t comply with Brady & require a NICS check when purchasing a gun.   ATF current position is no Florida permit issued  after 1997 are valid to avoid NICS check. 

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”) probably a disqualification for ownership/possession of firearm, unless exam within 24 hours after committment finds no valid  a valid basis for such. See,  Chamberlain 159 F.3d 656 (1CCA  1998)

51

par. #8

A “withheld” on a nolo plea is not a domestic violence “conviction” per current FDLE interpretation.  (see next note)

61

A person with a misdemeanor battery/assault “withheld adjudication” should not possess firearms under federal law if plead “guilty”;  or if “found guilty” after trial.  Only a “nolo” or  “no contest” plea with a “withheld adjudication” is acceptable.  Also, under Florida law (and thus federal law) can’t own/purchase/possess gun until 3 years after probation or any other portion of sentence has elapsed.  F.S.  790.065(2)(a)(3).  Beware if you failed to pay fine or court costs!

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   2000)

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.  

99

WARNING: Recent case wrongly interpreted switch-blade statute 790.225 — and held that possession is a first degree misdemeanor!   This case is very wrong — but is now the law unless changed.  State v. Darynani, 26 FLW 53 (4DCA 12/27/00)

misc.

n                  Please see our new Web site at: FloridaFirearmsLaw.com — update is now free on-line

n                  Our phone number on some editions was printed incorrectly  It’s: 407-650-0770

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.