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Florida Firearms -- Law, Use And Ownership UpdatesFLORIDA FIREARMS - Law, Use & Ownership - 7th Edition Download 7th Edition Book Updates - FREE!
December 2012 Update 1 | December 2012 Update 2- (Adobe .pdf)
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Florida Firearms – Law, Use & Ownership – |
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7th Edition Updates / December 2012 Update |
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| 27-28 | Due to the federal “Real ID Act” you may not have a drivers license or identification card from more than one State. Florida has complied per F.S. 322.08(6), and acknowledges the rule (15A-1.005) is superceded by the law. |
| 28-29 | There is no “90" day residency requirement for resident aliens anymore. Only aliens defined as “non-immigrant aliens” are prohibited from possession of firearms and ammo, and any alien lawfully visiting the United States thru the Visa Waiver Program does not fit this definition, and may use or rent firearms and ammo without reservation – although purchase of a firearm is allowed only if they also qualify as a “resident”. This also applies to those citizens of Canada and Bermuda who are not required to enter with a visa. |
| 66 | HB463 reduced the age for a CWP for anyone discharged honorably from the armed forces, or currently serving with the armed forces. |
| 71 | HB5601 reduces CWP fees to $70 for issuance, and $60 for renewal beginning July. |
| 72 | reciprocity – Iowa has been added. |
| 84 | F.S. 790.053 was amended by SB234, and now allows a CWP holder to “briefly and openly” display their firearm if not done in “an angry or threatening manner” unless in necessary self defense. This should put to rest the concerns about inadvertent “printing”, and brief , but careful display of a concealed firearm. The rest of the “open carry” law was voted down. |
| 115-116 | F.S. 790.33, the preemption law, was revised in HB45, beginning October 1, 2011, to add civil and criminal penalties against any government personnel or entity that has, or enforces, any rule, regulation, or ordinance related to firearms or ammunition (not other weapons). Only Florida Statutes may be used. Any citizen may challenge such, and attorney fees are part of the damages. Local governments may still pass laws/regs/rules related to firearms and ammo for employees while on duty, and rules/regs by the FFWCC as to taking of game, and any shooting ranges they manage. |
| 120-121 | F.S. 790.338, created in HB155, requires “medical privacy" to prevent medical and emergency personnel from inquiring about firearms ownership unless they have a "good faith" belief it is necessary in treatment, and also prevents an insurance company from raising rates or denying coverage because of an insured’s ownership of firearms or ammunition. However, the law does not apply to doctors and medical support personnel due to a federal injunction. |
| 132 | HB463 (2012) unwisely added a provision to F.S. 790.15 making it a first degree misdemeanor to discharge a firearm in a negligent or reckless manner on property used primarily as a dwelling, or property zoned solely for residential use. |
| 150 | “spring assisted” knives are still likely to not be considered “common pocketknives” although there is a contrary argument. I suggest a CWP for carry. |
| 142 | Conviction of felon in possession is a ten year mandatory where there’s a prior dangerous felony with actual firearm possession. |
| 177 | My opinion is that a “self defense chemical spray” is not prohibited on school grounds if concealed. See my blog for greater details. |
| 187-189 | Aliens visiting on the Visa Waiver Program may lawfully rent firearms and purchase ammo. The same for citizens of Canada and Bermuda who lawfully entered the United States without the need of a visa. There is no “90 day” residence requirement anymore for resident aliens. |
| 204 | F.S. 790.15(1) was amended to make it a first degree misdemeanor to negligently or recklessly discharge a firearm on property zoned exclusively for residential use, or upon which there is a dwelling house. |
| 246 | In State v. Hill, 37 Fla. Law. Weekly D1952 (Fla. 4DCA 2012), the appellate court held that the retreat rule still exists under Florida Statute 776.013(3) whenever someone uses self defense – if they are also engaged in an unlawful activity. |
| Dennis v. State, 51 So.3d 456 (Fla. 2010), resolved that a pretrial evidentiary hearing is required on a motion to dismiss that asserts immunity. The burden is likely on the defendant by a preponderance, and that a mere finding of “probable cause” is insufficient. | |
| This update covers all 7th edition printings, to date. | |
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We recommend replacement for any printings before the Sixth Edition.
If your local firearms dealer does not carry this book ... ask them, "why not?"
Warlord Publishing
2431 Aloma Avenue, Suite 124
Winter Park, Florida, 32792
Phone: 407.279.1029
Jon H. Gutmacher, P.A.
2431 Aloma Avenue, Suite 124, Winter Park, Florida, 32792
Phn. 407.279.1029 | Email: Contact Us