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Tip #79

Press release, Florida Firearms Update and Local Events

Good afternoon Folks. Please be sure to note October 1, 2005, on your calendars. Jon Gutmacher, author of 'Florida Firearms - Law, Use & Ownership,' will be the featured speaker at a seminar regarding the "Protection of Persons & Property Act" that becomes effective on that date. I have also added Jon's latest update to his very popular and informative book. As usual, I am going to analyze some recent local and state events. Unfortunately dadgum it, I never seem to run out of material. It seems sometimes that Florida is significantly overly populated with 'AO' (anal orifice) criminals! See you at Knight's! Tnx Norm & Jane
PS -- Remember, if I may assist with either training or security concerns, please give me a call or drop me a note!

Press Release

Knight Shooting Sports is pleased to announce that it will host a seminar and question and answer session on the new Florida "Protection of Persons and Property Act." This law has raised national media attention and goes into effect the day of the seminar, Saturday, October 1, 2005. The featured speaker will be Jon H. Gutmacher, a noted Florida trial attorney with over thirty years of courtroom experience, who is also an NRA certified firearms instructor, author of the widely acclaimed book, "Florida Firearms - Law, Use & Ownership," and columnist for the Florida Sportsman's Gazette. Mr. Gutmacher has appeared widely and was a guest on ABC's Nightline. This event is open to the press and general public. Mr. Gutmacher has promised to take questions from the audience on the new law and other firearm and weapon legal issues. The event will be held on the day the new law goes into effect, October 1, 2005, at Knight Shooting Sports, 12000 U. S. Highway 19 N., Clearwater, Florida 33764 from 10:00 AM to 12:00 PM.

Folks, please give Knight's a call to advise of your attendance so that Knight's management may properly plan for this major event. This is not mandatory but any help would be deeply appreciated. You may also notify me by email and I will add you to the rolls. Don't miss this seminar my friends. We want our clients properly read into this sweeping change to existing Florida law. Screw that -- I don't want you to make me look bad! However, if you plan on doing so, please be kind enough to notify me in advance so that I may shred all your paperwork.

Florida Firearms -- Law, Use & Ownership -- May 2005 -- update -- © 2005 by jon h. gutmacher
This is an update to the 12/2/2004 printing of the Fifth edition

126 According to State v. Menuto, 30 FLW 358 (Fla. App. 2DCA 2005) a mere "finding" of delinquency, including withheld adjudication" for a felony in juvenile court prohibits that person from owning or possessing any firearms or electronic weapons, or carrying any concealed weapon including chemical sprays until they reach 24 years of age. Violation is a second degree felony! (up to 15 years in jail!)

Chap. 11 The new "Protection of Persons/Use of Force" Act [SB 436] goes into effect on 10/1/05, and allows the use of deadly force where you reasonably believe another person is illegally and forcefully trying to gain entry, or has gained entry into your home, dwelling, or occupied vehicle without permission, or is trying to remove an occupant of such against his or her will. In such instances the law presumes you acted in reasonable fear of death or great bodily harm to yourself or another. Another section of the law states you need not retreat where you reasonably believe such is necessary to prevent death or great bodily harm to yourself or another, or to prevent the commission of a forcible felony. The law does not apply to co-residents, does not extend to those engaged in unlawful activities, and cannot be used against a law enforcement officer. A more extensive explanation appears at our website at the "Legal Q&A" section [www.FloridaFirearmsLaw.com]

14-15 On May 13, 2005, the Fifth District Court of Appeal wrongly decided that an "antique firearm" must be an exact replica of a firearm produced on/before 1918. Thus, a convicted felon using a modern muzzle loader was guilty of a felony. This would also require any such firearms to be subject to a NICS check, and F.S. 790.065 on any dealer sale.

Unexpected Outcome!
"Miami man, 24, killed after punch sends him into traffic" St. Petersburg Times June 21, 2005

You have heard me frequently state words to the effect that you are not in charge of the encounter, the bad guy is! Well, sometimes that is not true either. Neither you nor the other guy may have control of the situation. In these situations, 'excreta occurs' very quickly as the culmination of a totally avoidable situation. These two guys get into an argument in the parking lot of the Seminole Hard Rock Hotel & Casino in Hollywood about 4AM reference something involving cars. These two mutts turn the parking lot argument into a rolling road rage event and then stop in Davie to fist fight. During the fight, one mutt punches the other in the mouth and the 24-year-old hits the road, a car hits him in the head, the 24-year-old dies instantly and the scumbag driver keeps on going. The guy that did the punching then flees and is captured a short time later. Talk about unintended consequences -- one dead, one facing possible manslaughter charges and another facing felony hit and run charges! Think ramifications before the event goes this far. By the way, so much for Jeb Bush's comments about common sense!
A similar situation occurred in the parking lot of a "gentlemen's club" in Largo June 29, 2005. That headline reads "Man hurt in attack close to bikini bar" and appeared in the St. Petersburg Times June 30, 2005. The 25-year-old man was leaving the bar parking lot and had a minor traffic accident. The victim and the driver were talking when a 22-year-old man who was not involved in the accident, walked up and began to argue with the victim. A woman stepped between them in order to stop the argument. The bystander then decided to become a scumbag and punched the victim who then fell down and struck his head on the pavement. The victim is now in serious condition due to bleeding into his brain. The younger man was later arrested and charged with "Aggravated Battery," a Third Degree Felony and now in Pinellas County Jail with a $20,000 bond. If the victim dies, guess what? The interloper could then face manslaughter charges.

Self Defense Shooting?
"Man kills late-night visitor at doorstep" St. Petersburg Times July 7, 2005

It's 2:30AM and you return to your St. Petersburg home. There are people pushing a car down the street in front of your house. The gate to your fenced yard is open. Your dog is acting funny. You have a CWP and arm yourself with a 9MM handgun. You see a man walking toward you with something in his hand. You yell at the intruder. The man keeps coming at you as you stand in the back door of your own home, your castle. You fire two shots into the intruder's chest as he steps into your back door. The intruder dies. The object in the man's hand turns out to be papers showing ownership of the car that is being pushed down the street. What was actually happening? Of course there are conflicting stories but this occurred July 6, 2005, in St. Petersburg. When you analyze the news article, the first thing that hits me is the St. Pete Times says 'visitor' rather than 'intruder' or 'trespasser' or 'possible burglar' thereby editorializing the event from inception. This serves as an example of the media approach to legitimate self-defense efforts by either law enforcement or good citizens. For instance, how many 'visitors' do you have come to your home at 2:30AM? I am not declaring this a legal self-defense shooting by any stretch of the imagination because the home owner had a simple choice -- close and lock the door and call the police. Apparently he had some time in which to accomplish those things because the man was walking toward him and not running at him according to the home owner's account. On the other hand, if the home owner yelled at the man to stop, why did he not stop? It should not be that difficult to figure out that such behavior at 2:30AM in someone else's yard would be perceived as extremely threatening. Personally, I sure as heck would! At this point, the investigation continues. My opinion -- a series of stupid mistakes by both parties turned the situation into a tragedy for all concerned. Oh, by the way, it is not October 1, 2005, yet so the "Protection of Persons and Property Act" is not in effect. I will be sure to keep you posted as this story develops.

Sex Offender Map
"County offers sex offender map" St. Petersburg Times June 20, 2005

Pinellas County now offers an improved method for citizens to locate sex offenders. The website, www.pinellascounty.org/offender/ , allows the citizen to compare these SAO (Scumbag Anal Orifices) residences compared to homes, schools, libraries and bus stops. This topic has become increasingly important due to the recent brutal murders of children by known sex offenders. Unfortunately this site will only track offenders with known locations. If they abscond, flee or fail to report address changes, technology alone will not help. I am absolutely in favor of monitoring devices for those child molesters and pedophiles who are not warehoused in a six by nine steel cages like the animals they are! Please remember, if you aren't watching your children, someone else may be doing so!

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