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Stay Safe Street Tip #46

Jon Gutmacher 1/03 Legal Update & Avoidable Home Defense Shooting

Good morning Folks. I hope that all are doing well and staying safe. This tip will include the January 2003 Legal Update by Jon Gutmacher, author of that superb reference book, Florida Firearms - Law, Use & Ownership. I am also going to analyze a February 2, 2003, Castle Doctrine event in Clearwater. A few brief reminders though:
       1. Ladies of the Knight 2/19/03 and 3/13/03  6-9:30PM
       2. IDPA the first & third Wednesday each month  6:30-9PM
       3. Tactical course 2/8/03 7:45AM - 12PM  (four vacancies)
       4. Ladies Only CWP 2/15/03  8AM - 4PM  (four vacancies)
       5. The 2/16/03 Advanced Tactical is postponed until 3/16/03. CWP now scheduled for 2/16/03  9:30AM - 5PM
       6. Please be sure to visit Knight's if you have not picked up your passport photos and souvenir training certificates. My file folder is getting full!
Stay Safe and see you at Knight's!  Norm

 

January 2003 Legal Update
 

January 2003 Book Update - copyright 2003 by jon h. gutmacher FLORIDA FIREARMS - Law, Use & Ownership, 4th edition
Page Correction
The Florida Department of Agriculture officially took over the duties of the Division of Licensing as of 1/1/2003, from the Dept. of State. All addresses, phone numbers, and personnel remain the same with the exception that it is now the Florida Department of State, Division of Licensing.
Federal removal of disabilities not available except by Presidential pardon. U.S. v. Bean (U.S.S.Ct. 12/2002)
Convicted felon cannot handle firearm even as employee of gun dealer. U.S. v. Fleischli, 305 F3d. 643 (7th Cir. 2002)
Pawn shop's refusal to return stolen gun to rightful owner unless he paid money loaned is federal felony. 18 USC 922 (j) U.S. v. Webber, 255 F.3d 523 (8th Cir. 2001) because illegal to possess, store, sell or barter stolen firearm.
Chinese throwing star is a deadly weapon. C.A.W. v State, 27 FLW 1340 (5DCA 6/02)
a loaded firearm in center console is "securely encased". Dixon v. State, 27 FLW 25899 (4DCA 12/02)

September 2002 Book Update - copyright 2002 by jon h. gutmacher FLORIDA FIREARMS - Law, Use & Ownership, 4th edition
Page Correction
51
par. #8 A "withheld" on a nolo plea is not a domestic violence "conviction" per current FDLE interpretation (see next note). However, if you plead "guilty" or were found guilty after a trial, federal case law currently considers it a "conviction" even if you got a "withheld". This is due to an incorrect interpretation of Florida law.
61-62 A person with a misdemeanor battery/assault "withheld adjudication" involving "domestic violence" should not possess firearms under current federal law if plead "guilty"; or if "found guilty" after trial. Only a "nolo" or "no contest" plea with a "withheld adjudication" is currently acceptable, as "not a conviction". Also, under Florida law (and thus federal law) such a person can’t purchase a firearm from a dealer, or obtain a concealed permit until 3 years after probation or any other portion of sentence has elapsed. F.S. 790.065(2)(a)(3). The book incorrectly indicates that "possession" of firearms was illegal for the three year period.
new
cases * Chinese throwing star is a deadly weapon, thus concealed permit needed. C.A.W. 27 FLW 1320 (5DCA 02)
* Lack of knowledge that cane had concealed knife is defense to CCW. Rahming, 27 FLW 1315 (4DCA 02)
* Common pocketknife concealed in open position may be a "weapon". Porter, 798 So.2d 855 (5DCA 01)
* Pointing gun at trespassing kids on apartment common area = aggravated assault. Geffkin, 27 FLW 483 (4DCA)
* History of Second Amendment with finding it is an individual right to bear arms. U.S. v. Emerson, 270 F.3d 203 (5th Cir. 2001)

Please visit our website www.FloridaFirearmsLaw.com for free updates, etc.
Our phone number on some early editions was printed incorrectly. It is: 407-650-0770.
 

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 1999. If your local firearms dealer does not carry this book ... Ask them, "why not?"
Warlord Publishing - 200 N. Thornton Avenue - Orlando, FL 32801
Phone: 407-650-0770

 

THE HIRING OF A LAWYER IS AN IMPORTANT DECISION THAT SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS. BEFORE YOU DECIDE, ASK US TO SEND YOU FREE WRITTEN INFORMATION ABOUT OUR QUALIFICATIONS & EXPERIENCE.
 


 Copyright 1997-2003 Jon H. Gutmacher / Click for legal information
"Neighbor slain in self-defense" St. Petersburg Times 2/3/03
 


It is 2am. You are sound asleep in your bedroom on the second floor of your Castle. Your teenage daughter and a friend of hers are also asleep in a second floor bedroom. You hear someone banging on your downstairs garage door and front door and screaming obscenities. You 'fetch' your pistol, load it and head towards the front door. You look through the peephole and do not recognize the disturbed individual. You then open the door, the intruder forces his way in, you feel threatened and then fire two shots; one passes through the open doorway and the second hits the intruder in the head and kills him. Believe it or not this actually happened in a good Clearwater neighborhood on Sunday, February 2, 2003! The investigating detectives believe that the dead 32-year-old intruder, a neighbor who lived two doors down, became confused and went to the wrong residence. He then became upset because he could not get in what he apparently thought was his home. It would then be logical to assume that he finally gets into what he thinks is his home, finds a stranger with a gun and becomes more aggressive. The detectives also believe that alcohol (go figure!) may have contributed to the intruders confusion. Let's see if we can change the scenario -- you are sound asleep in your bedroom on the second floor of your Castle. Your teenage daughter and a friend are also asleep in a second floor bedroom. You hear someone banging on your downstairs garage door and front door while screaming obscenities. You immediately move the two teenage girls into your "Safe Room" (master bedroom), load your pistol and call 911. You do not leave the Safe Room because everything you need to protect is in that room. You focus on the doorway to the "Safe Room" with the girls and you on the far side of the bed which provides "cover and concealment". You definitely do not open the front door at 2AM to some guy you do not know who is banging on your doors and screaming obscenities! You definitely do not put yourself in the position that you have to use deadly force and blast a round into space and then into the head of a possibly drunken, belligerent neighbor that you basically invited into your Castle at 2AM! Please note that the homeowner is not one of my students and not one of my security survey clients! If you are interested in increasing your knowledge in regards to protecting your Castle and/or business, please give me a call. My Security team is standing by! It is a dadgum shame that two folks, neither of whom was apparently a scumbag, were involved in this type of senseless Hat Rack event. The results are lousy!

Copyright2003 by Norm Belson

 "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

 

STAY SAFE AND GOD BLESS AMERICA!  

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