January 2002 - copyright 2002 by jon h. gutmacher
FLORIDA FIREARMS - Law, Use & Ownership, 4th edition
page
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 says permits issued after 1997 can't avoid NICS check on new firearm purchases.
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 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)
99 WARNING: Recent case wrongly interpreted switch-blade statute 790.225 - and held that possession is a first degree misdemeanor! State v. Darynani, 26 FLW 53 (4DCA 12/27/00) Nobody's challenged it.
156
missing
section Question: How do I know when I can retreat with safety?
Answer: This is a judgment call, and you'll have to use common sense. Obviously, if the guy has a firearm -- a safe retreat is not very likely. If you turn your back on him, that's probably where the bullet will enter you. In fact, there have been many reported cases where people in cars have been shot in the back trying to flee a hold-up, or carjacking. It seems that acco­rding to inner-city gang eti­quette, if you flee, they "lose face". So, they have to shoot you so they don't lose their reputation. Wonderful, huh?
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