| WARRANTIES & DISCLAIMER:
| n/a |
| ACKNOWLEDGMENTS:
| xii |
| FORWARD
| xiii |
| INTRODUCTION
| xv |
| CHAPTER ONE: THE RIGHT TO BEAR ARMS AND CONSTITUTIONAL ASPECTS: |
1 |
| THE BILL OF RIGHTS |
1 |
| THE SECOND AMENDMENT
| 1 |
| A WELL REGULATED MILITIA:
| 1 |
| THE RIGHT TO KEEP AND BEAR ARMS:
| 3 |
| McDONALD v. CITY OF CHICAGO:
| 4 |
| A WARNING ABOUT CONSTITUTIONAL INTERPRETATION:
| 4 |
| FLORIDA’S RIGHT TO KEEP AND BEAR ARMS:
| 6 |
| Florida Constitution, Article I, Section 8:
| 6 |
| PREEMPTION LAW: |
6 |
| STATISTICAL DATA ON USE OF FIREARMS:
| 7 |
| THE EXTENSION OF THE POWERS OF CONGRESS:
| 8 |
| A BRIEF LESSON IN CONSTITUTIONAL LAW
| 9 |
| WAITING PERIODS ON FIREARMS SALES:
| 13 |
| CHAPTER TWO: QUALIFICATIONS FOR PURCHASING, OR POSSESSION OF FIREARMS:
| 15 |
| DEFINITION OF A "FIREARM":
| 15 |
| ANTIQUE FIREARMS -- AND OTHER EXCEPTIONS:
| 16 |
| OTHER EXCLUDED DEVICES:
| 20 |
| AGE ON PURCHASES FROM A FIREARMS DEALER:
| 20 |
| JUVENILE FELONY OFFENDER:
| 21 |
| AGE FOR NON-DEALER PURCHASE:
| 21 |
| PURCHASES UNDER 18 YEARS OLD WITH PERMISSION:
| 21 |
| PURCHASES DISALLOWED, EVEN WITH PERMISSION:
| 22 |
| USE DISALLOWED EXCEPT UNDER ADULT SUPERVISION:
| 22 |
| YOUTH HANDGUN SAFETY AMENDMENT:
| 23 |
| SOME QUESTIONS ABOUT AGE:
| 23 |
| RESIDENCE, LOANS, RENTALS & BEQUESTS:
| 25 |
| OUT-OF-STATE PURCHASE BY NON-FFL:
| 26 |
| DUAL RESIDENCE:
| 27 |
| PURCHASE BY ALIENS:
| 28 |
| LEGAL DISABILITIES PREVENTING PURCHASE:
| 29 |
| FLORIDA DOMESTIC VIOLENCE INJUNCTIONS:
| 33 |
| SOME DOMESTIC VIOLENCE ISSUES:
| 33 |
| CHART – FEDERAL MISDEMEANOR CRIME OF DOMESTIC VIOLENCE:
| 34 |
| PURCHASE FROM A PRIVATE INDIVIDUAL:
| 35 |
| PURCHASE FROM A LICENSED FIREARMS DEALER:
| 36 |
| FLORIDA FIREARMS PURCHASE PROGRAM:
| 37 |
| ARREST FOR "DANGEROUS" CRIME:
| 37 |
| CHART OF ARRESTS PREVENTING FDLE APPROVAL:
| 38 |
| WARNING ABOUT DOMESTIC VIOLENCE CRIMES:
| 38 |
| STATE DISABILITIES RECOGNIZED BY FEDERAL LAW:
| 39 |
| PERSON ON FLORIDA PROBATION:
| 39 |
| DENIAL FOR FELONY RECORD:
| 40 |
| THREE YEAR WAITING PERIOD
| 41 |
| WAITING PERIOD FOR HANDGUN PURCHASES:
| 41 |
| CHART OF PERMITTED/NON-PERMITTED SALES:
| 43 |
| CHAPTER THREE: WHAT TO DO AFTER THEY TURN YOU DOWN:
| 45 |
| THE APPROVAL (OR DISAPPROVAL) PROCESS:
| 45 |
| IDENTIFICATION NEEDED TO PURCHASE:
| 46 |
| THE COMPUTER CHECK BY FDLE:
| 46 |
| HOW THE FDLE CALL-IN SYSTEM OPERATES:
| 46 |
| WHAT HAPPENS IF THE COMPUTERS ARE DOWN:
| 47 |
| PROBLEMS WITH MIS-IDENTIFICATION:
| 8 |
| APPROVAL, OR NON-APPROVAL NUMBERS FROM FDLE:
| 48 |
| APPEAL PROCEDURE & CRIMINAL HISTORY REVIEW:
| 49 |
| A QUICK HINT:
| 50 |
| THE BRADY ACT & NICS:
| 50 |
| CHAPTER FOUR: REMOVAL OF LEGAL DISABILITIES:
| 53 |
| EXECUTIVE CLEMENCY:
| 53 |
| EXPLANATION OF FORMS OF EXECUTIVE CLEMENCY:
| 54 |
| WAIVER:
| 56 |
| RE-APPLICATION:
| 57 |
| CHART ON EXECUTIVE CLEMENCY APPLICATION:
| 57 |
| SOME LIMITATIONS ON PARDON POWER:
| 57 |
| FEDERAL RESTORATION OF CIVIL RIGHTS:
| 57 |
| RESTORATIONS FROM MENTAL COMMITMENTS:
| 58 |
| EXPUNCTIONS & SEALINGS IN FLORIDA:
| 59 |
| EXCEPTIONS TO EXPUNCTION PRIVACY: |
60 |
| FEDERAL & OUT-OF-STATE CONVICTIONS:
| 60 |
| PROHIBITED EXPUNCTIONS: |
61 |
| RAP SHEETS, & DATABASE CORRECTIONS:
| 61 |
| APPEALING A FIREARM PURCHASE DENIAL:
| 62 |
| VOLUNTARY APPEAL FILE:
| 64 |
| CHAPTER FIVE: FLORIDA CONCEALED WEAPONS PERMIT:
| 65 |
| WEAPONS COVERED BY LICENSE:
| 66 |
| QUALIFICATIONS FOR THE CONCEALED PERMIT:
| 66 |
| COMPLETING THE APPLICATION PROCESS:
| 71 |
| RECIPROCITY:
| 72 |
| PROHIBITED PLACES WITH CONCEALED PERMIT:
| 73 |
| PROHIBITED AREAS - STUN GUNS & CHEMICAL SPRAYS:
| 77 |
| LICENSE VIOLATIONS:
| 78 |
| LOST LICENSES, OR CHANGE OF ADDRESS:
| 79 |
| SUSPENSION OR REVOCATION OF YOUR PERMIT:
| 80 |
| REVOCATION DUE TO PROBATION:
| 82 |
| HOW YOU CAN CARRY CONCEALED:
| 82 |
| DEALING WITH POLICE OFFICERS:
| 83 |
| WHY CONCEALED PERMITS ARE THE BEST:
| 83 |
| CONCEALED WEAPONS BADGES:
| 84 |
| MOMENTARILY UNCONCEALED – “PRINTING”:
| 84 |
| CHART ON LICENSE SUSPENSION/REVOCATION:
| 85 |
| CHAPTER SIX: TRANSPORTATION AND CARRYING OF WEAPONS, AND FIREARMS:
| 87 |
| SUMMARY OF WHERE HANDGUN CAN BE KEPT IN VEHICLE:
| 87 |
| CHART OF WHAT IS “SECURELY ENCASED”:
| 88 |
| THE LEGAL CARRYING OF FIREARMS -- LISTED:
| 88 |
| CHART OF EXEMPTIONS UNDER F.S. 790.25:
| 89 |
| LEGAL CARRYING IN AUTOMOBILES & PRIVATE VEHICLES:
| 90 |
| SECURELY ENCASED
| 91 |
| READILY ACCESSIBLE FOR IMMEDIATE USE
| 97 |
| UNCONCEALED SHOTGUNS AND RIFLES:
| 97 |
| THE WAY IT USED TO BE - INTER-STATE TRANSPORTATION OF FIREARMS:
| 99 |
| SPECIAL PROBLEM WITH NEW YORK CITY AREA:
| 100 |
| PRIVATE BOATS:
| 102 |
| THE BAHAMAS & FOREIGN PORTS:
| 103 |
| WEAPONS IN AIRPORTS, AND COMMERCIAL AIRCRAFT:
| 103 |
| PRIVATE AIRCRAFT:
| 107 |
| TRAINS, BUSES, AND OTHER PUBLIC TRANSPORTATION:
| 107 |
| AMTRAK PASSENGERS:
| 108 |
| COMMERCIAL DRIVERS:
| 109 |
| CARRYING IN YOUR HOME OR BUSINESS: |
109 |
| PROBLEMS WITH CONDO’S & APARTMENTS: |
111 |
| WHEN YOU STILL CAN'T HAVE IT: |
113 |
| SCHOOLS, COLLEGES, UNIVERSITIES:
| 113 |
| CHURCH & OTHER RELIGIOUS INSTITUTIONS: |
113 |
| NATIONAL FORESTS:
| 114 |
| NATIONAL PARKS & WILDLIFE REFUGES: |
114 |
| STATE FORESTS & PARKS: |
115 |
| MAILING & SENDING FIREARMS: |
116 |
| LEGAL WAYS TO SHIP TO NON-LICENSEES: |
117 |
| INDIAN RESERVATIONS:
| 119 |
| SEAPORT RESTRICTED ZONES: |
119 |
| HOSPITALS & MENTAL FACITILIES:
| 120 |
| PARKING LOT LAW:
| 120 |
| CHAPTER SEVEN: COMMON WEAPONS VIOLATIONS:
| 123 |
| CARRYING CONCEALED WEAPONS AND FIREARMS:
| 123 |
| COMMON POCKETKNIVES: |
124 |
| ELECTRIC , TASER & CHEMICAL WEAPONS: |
126 |
| OPEN CARRYING OF WEAPONS OTHER THAN FIREARMS:
| 128 |
| IMPROPER EXHIBITION OF FIREARMS & WEAPONS: |
129 |
| DISCHARGING FIREARMS IN PUBLIC: |
132 |
| DISCHARGING MACHINE GUNS: |
133 |
| MACHINE GUNS, UNDERSIZED FIREARMS, AND OTHER NFA WEAPONS:
| 133 |
| “ANY OTHER WEAPON”:
| 135 |
| PEN GUNS & PISTOLS:
| 136 |
| WALLET GUN: |
137 |
| SILENCERS: |
139 |
| CHART ON LEGAL GUN & BARREL LENGTH: |
139 |
| USING A FIREARM WHILE UNDER THE INFLUENCE:
| 140 |
| SHOOTING AT VEHICLES, VESSELS & STRUCTURES:
| 141 |
| SELF-PROPELLED KNIVES: |
141 |
| POSSESSION BY CONVICTED FELON:
| 141 |
| AMMUNITION & PROHIBITED PERSONS:
| 142 |
| CONSTRUCTIVE POSSESSION – ADDITIONAL EXPLANATION:
| 144 |
| FIREARMS INVOLVED IN THE COMMISSION OF A FELONY:
| 145 |
| USE OF BULLETPROOF VESTS: |
146 |
| ARMOR PIERCING OR SPECIALITY AMMUNITION:
| 146 |
| ALTERED OR REMOVED SERIAL NUMBERS: |
148 |
| DESTRUCTIVE DEVICES:
| 149 |
| SWITCHBLADE KNIFE:
| 150 |
| ASSAULT WEAPONS:
| 151 |
| USE OF BANGSTICKS
| 152 |
| ARMED TRESPASS: |
153 |
| LICENSED PRIVATE SECURITY GUARDS
| 154 |
| PERMITTED FIREARMS FOR “G” LICENSEE: |
155 |
| PROHIBITED AMMO FOR SECURITY GUARDS: |
155 |
| DECLARED EMERGENCIES: |
155 |
| LASERS:
| 156 |
| CHAPTER EIGHT: LAWS CONCERNING CHILDREN: |
159 |
| LAWFUL AGE TO POSSESS FIREARMS OR AMMUNITION:
| 159 |
| FLORIDA LAWS PERTAINING TO MINORS
| 161 |
| CHART OF PENALTIES FOR CHILD VIOLATIONS: |
162 |
| OTHER PENALTIES:
| 163 |
| STORAGE OF LOADED FIREARMS:
| 166 |
| CIVIL LIABILITY IF THE KIDS GET TO IT:
| 167 |
| GUN FREE SCHOOL ZONES ACT -- PART TWO: |
169 |
| FLORIDA SCHOOL ZONE LAWS: |
170 |
| EXCEPTIONS – WHICH ALLOW POSSESSION: |
171 |
| CHURCH SCHOOLS:
| 175 |
| PRIVATE SCHOOLS:
| 175 |
| TRAINING CHILDREN TO BE SAFE
| 176 |
| SCHOOL TRESPASS WITH A FIREARM:
| 177 |
| CHART RELATED TO POSSESSION NEAR SCHOOL:
| 178 |
| CHAPTER NINE: DEALERS, FFL’s & INSTRUCTORS: |
179 |
| WHO MUST SECURE A FEDERAL LICENSE: |
179 |
| WHAT DOES THE LICENSE COVER:
| 180 |
| CONFUSION WITH CORPORATE OWNERSHIP: |
183 |
| LICENSED COLLECTORS:
| 183 |
| OBTAINING THE FFL:
| 184 |
| DENIAL OF APPLICATION:
| 184 |
| PROCEDURE ON REVOCATION OF FFL:
| 185 |
| ADMINISTRATIVE REVIEW OF RECORDS AND INVENTORY:
| 186 |
| SALE OF FIREARMS/AMMUNITION TO LEGAL ALIENS: |
187 |
| NON-IMMIGRANT ALIENS: |
187 |
| PROOF OF RESIDENCY:
| 188 |
| PERMANENT BRADY LAW PROVISIONS
| 189 |
| SALES OR DISPOSITIONS FROM PERSONAL COLLECTION:
| 189 |
| MULTIPLE HANDGUN SALES TO SINGLE INDIVIDUAL:
| 190 |
| LOST, MISPLACED, OR STOLEN FIREARMS |
191 |
| ANTIQUE FIREARMS: |
191 |
| PAWNBROKERS: |
192 |
| SECONDHAND DEALERS: |
193 |
| SELLING TO PERSONS WITH OBVIOUS IMPAIRMENTS:
| 193 |
| SELLING TO KIDS: |
194 |
| SALE OF AMMUNITION TO MINOR
| 195 |
| CHART - DEALER PERMITTED WEAPON SALES TO MINOR:
| 196 |
| REQUIRED FLORIDA WARNING NOTICES UPON SALE: |
196 |
| REQUIRED FEDERAL WARNINGS :
| 197 |
| STUFF YOU GOTTA SELL:
| 197 |
| STUFF YOU JUST CAN'T SELL IN FLORIDA: |
198 |
| SELF-PROPELLED, BALLISTIC, OR "SPRING" KNIVES |
199 |
| GUN SHOWS: |
199 |
| RELOADING AS A BUSINESS: |
200 |
| FIREARM INSTRUCTORS:
| 200 |
| FFL OPERATING OUT OF HOME: |
201 |
| ABBREVIATIONS & BOUND BOOK:
| 202 |
| RESPONSIBLE PERSON:
| 202 |
| SALE OF UNFINISHED RECEIVERS:
| 203 |
| SHOOTING RANGE PROTECTION: |
203 |
| CHAPTER TEN: MISCELLANEOUS PROVISIONS: |
205 |
| THE ASSAULT WEAPONS BAN: |
205 |
| MODIFICATIONS TO ASSAULT RIFLES:
| . . 207 |
| LAW ENFORCEMENT OFFICERS SAFETY ACT: |
211 |
| GETTING A SEIZED FIREARM BACK:
| 215 |
| NFA TRUSTS: |
216 |
| FREE UPDATING SERVICE & BOOK REVISIONS: |
216 |
| MY BLOG:
| 217 |
| WEBSITE AND E-MAIL QUESTIONS:
| 217 |
| ENDNOTE SECTION:
| 218 |
| LIST OF PRO-SECOND AMENDMENT ORGANIZATIONS:
| 218 |
| CHAPTER ELEVEN: SELF DEFENSE, AND THE LAWFUL USE OF FORCE: |
219 |
| FORCIBLE FELONY
| 221 |
| DEADLY WEAPON:
| 222 |
| MARTIAL ARTS CONSIDERATIONS:
| 222 |
| IMMINENT: |
223 |
| REASONABLE BELIEF ("reasonably believes"): |
223 |
| DEADLY FORCE: |
225 |
| JUSTIFIABLE USE OF FORCE -- NON-DEADLY FORCE: |
226 |
| BREACH OF THE PEACE
| 227 |
| CITIZEN’S ARREST
| 227 |
| EXAMPLES OF NON-DEADLY FORCE:
| 229 |
| JUSTIFIABLE USE OF DEADLY FORCE:
| 232 |
| EXCESSIVE FORCE:
| 233 |
| HISTORIC BASIS OF THE USE OF FORCE:
| 234 |
| NEW “STAND YOUR GROUND” LAW:
| 234 |
| CHANGES TO 776.012:
| 236 |
| CHART – ELEMENTS OF F.S. 776.012
| 237 |
| HOME PROTECTION UNDER F.S. 776.013:
| 237 |
| NEW DEFINITIONS IN 776.013: |
238 |
| HOW DOES SECTION, 776.013, WORK?
| 239 |
| CHART – PREDICATES OF F.S 776.013(1):
| 240 |
| IMMUNITY AND 776.013:
| 240 |
| EXCEPTIONS TO THE PRESUMPTIONS IN 776.013: |
242 |
| DUTY TO RETREAT UNDER THE NEW LAW |
244 |
| PLACES WHERE YOU SHOULD HAVE “A RIGHT TO BE”:
| 246 |
| QUALIFIERS TO C. 776 & THOUGHTS ON DEADLY WEAPONS: |
248 |
| WHAT WILL HAPPEN TO THE BURDEN OF PROOF:
| 248 |
| BUSINESS & NON-OWNED PREMISES:
| 249 |
| DEADLY FORCE -- USE TO PREVENT ESCAPE: |
249 |
| LESS THAN LETHAL AMMUNITION:
| 251 |
| USE OF FORCE BY LAW ENFORCEMENT:
| 251 |
| TRAP & SPRING GUNS:
| 252 |
| CRIMES & PENALTIES FOR USING EXCESSIVE FORCE: |
252 |
| MANSLAUGHTER: |
253 |
| AGGRAVATED ASSAULT:
| 254 |
| ROAD RAGE PROBLEMS WITH AGGRAVATEDASSAULT: |
256 |
| A NEEDED SELF-DEFENSE STATUTE:
| 258 |
| EXCUSABLE HOMICIDE:
| 259 |
| DEFENSES TO CIVIL LIABILITY: |
261 |
| OTHER CIVIL PROBLEMS — INSURANCE:
| 262 |
| DAMAGE CAUSED BY YOUR KIDS:
| 263 |
| A SUMMARY ON THE USE & DISPLAY OF WEAPONS: |
263 |
| SELF-DEFENSE EXAMPLES – GOOD & BAD: |
266 |
| Situation Number One -- Typical Road Rage: |
266 |
| Situation Number Two -- “What’s that gonna do >against this?”:
| 67 |
| Situation Number Three -- “Get the hell off my property”:
| 267 |
| Situation Number Four -- South Florida Armed and Ready: |
268 |
| A SUMMARY ON SELF-DEFENSE LAW:
| 269 |
| WHAT TO DO AFTER THE POLICE ARRIVE |
270 |
| GOOD COP – BAD COP:
| 271 |
| WHEN GIVING DETAILS MIGHT HELP:
| 272 |
| HIRING AN ATTORNEY:
| 272 |
| 911 – USE IT, AND GET YOUR OWN COPIES: |
273 |
| CELLULAR PHONES — YOUR BEST DEFENSE: |
274 |
| OTHER THINGS YOU SHOULD DO:
| 275 |
| GETTING STOPPED BY THE POLICE:
| 276 |
| USE OF FORCE AGAINST ANIMALS:
| 277 |
| NANOSECONDS TO REACT: |
280 |
| Heynard v. State, 689 So. 2d 239 (Fla. 1996): |
281 |
| James v. State, 695 So. 2d 1229 (Fla. 1997): |
282 |
| Campbell v. State, 679 So.2d 720 (Fla. 1996): |
283 |
| MANDATORY SENTENCES FOR FIREARM OFFENSES: |
285 |
| CHART OF MANDATORY FIREARM SENTENCES: |
286 |
| FIRING A WARNING SHOT: |
286 |
| THE AFTERMATH OF MANDATORY SENTENCING:
| 287 |
| MORE EXAMPLES & JURY PARDONS:
| 288 |
| A NEEDED CONSTITUTIONAL AMENDMENT: |
290 |
| CHAPTER TWELVE: SCENARIOS & COMMENTS ON SELF DEFENSE:
| 291 |
| CAR OR BOAT BREAK-IN:
| 291 |
| BURGLARY OF CARPORT OR OTHER STRUCTURE:
| 293 |
| HOME INVASION - BURGLARY OF RESIDENCE: |
294 |
| TRESPASS TO PROPERTY:
| 295 |
| ASSAULTS ON YOUR PERSON: |
295 |
| ROBBERY & ATTEMPTED ROBBERY:
| 297 |
| DISCREET DISPLAY:
| 297 |
| DISPLAY IN OTHER SITUATIONS: |
298 |
| USE OF HOLLOW POINT AMMUNITION:
| 299 |
| REASONS AGAINST MISDEMEANOR DISPLAY: |
300 |
| CASES ON DISPLAY OF FIREARM: |
302 |
| ONE OTHER COMMENT:
| 307 |
| WOMEN:
| 307 |
| TAKING THE CONCEPT FURTHER:
| 308 |
| IF YOU REALLY LIKED THIS BOOK
| 310 |
| CONCLUSION
| 311 |
| ENDNOTES
| 313 |
| INDEX: |
341 |
| ABOUT THE AUTHOR:
| back inside cover |
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