Jon H. Gutmacher, Esq.

Orlando Criminal Defense Lawyer

Former Prosecutor & Police Legal Advisor,

Author: "Florida Firearms -- Law, Use & Ownership",

Featured columnist: Sportsman's Gazette,

NRA Certified Firearms Instructor,

NRA Referral Attorney.

››› Go to Attorney Profile

JON H. GUTMACHER, P.A.: Orlando Criminal Trial Attorney Services
 
You Are Here: Home > Book Information > >

SHIPPING/DELIVERY NOTICE: Book sales are acknowledged & SHIPPED once weekly on Thursdays.

Please disregard any notices from PayPal that indicate otherwise.


Florida Firearms -- Law, Use & Ownership

 
Florida Firearms -- Law, Use & Ownership
 
 

Price: $29.95
plus tax, handling, and shipping
More Details


Quantity:

Basket Qty: None

 

Table Of Contents
Last Book Updates March 18, 2010

Download PDF Version
 
FORWARD xi
INTRODUCTION xiii
 

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
A WARNING ABOUT CONSTITUTIONAL INTERPRETATION:
4
FLORIDA'S RIGHT TO KEEP AND BEAR ARMS:
5
PREEMPTION LAW:
6
STATISTICAL DATA ON USE OF FIREARMS:
6
THE EXTENSION OF POWERS OF CONGRESS:
7
A BRIEF LESSON IN CONSTITUTIONAL LAW
8
WAITING PERIODS ON FIREARMS SALES:
12
 

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 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:
28
PURCHASE BY ALIENS:
28
LEGAL DISABILITIES PREVENTING PURCHASE:
29
FLORIDA DOMESTIC VIOLENCE INJUNCTIONS:
32
PURCHASE FROM A LICENSED FIREARMS DEALER:
33
FLORIDA FIREARMS PURCHASE PROGRAM:
34
ARREST FOR "DANGEROUS" CRIME:
34
CHART OF ARRESTS PREVENTING FDLE APPROVAL:
35
WARNING ON DOMESTIC VIOLENCE CRIMES:
35
STATE DISABILITIES RECOGNIZED BY FEDERAL LAW:
36
PERSON ON FLORIDA PROBATION:
36
DENIAL FOR FELONY RECORD:
37
THREE YEAR WAITING PERIOD
38
WAITING PERIOD FOR HANDGUN PURCHASES:
38
CHART OF PERMITTED/NON-PERMITTED SALES:
40
 

CHAPTER THREE: WHAT TO DO AFTER THEY TURN YOU DOWN:

41
THE APPROVAL (OR DISAPPROVAL) PROCESS:
42
IDENTIFICATION NEEDED TO PURCHASE:
42
THE COMPUTER CHECK BY FDLE:
42
HOW THE FDLE CALL-IN SYSTEM OPERATES:
42
WHAT HAPPENS IF THE COMPUTERS ARE DOWN:
43
PROBLEMS WITH MIS-IDENTIFICATION:
44
APPROVAL, OR NON-APPROVAL NUMBERS FROM FDLE:
45
APPEAL PROCEDURE & CRIMINAL HISTORY REVIEW:
45
A QUICK HINT:
46
THE BRADY ACT & NICS:
46
 

CHAPTER FOUR: REMOVAL OF LEGAL DISABILITIES:

49
EXECUTIVE CLEMENCY:
49
EXPLANATION OF FORMS OF EXECUTIVE CLEMENCY:
50
WAIVER:
52
REAPPLICATION:
53
CHART ON EXECUTIVE CLEMENCY APPLICATION:
53
SOME LIMITATIONS ON PARDON POWER:
53
FEDERAL RESTORATION OF CIVIL RIGHTS:
54
EXPUNCTIONS & SEALINGS IN FLORIDA:
54
EXCEPTIONS TO EXPUNCTION PRIVACY:
55
FEDERAL & OUT-OF-STATE CONVICTIONS:
56
PROHIBITED EXPUNCTIONS:
56
 

CHAPTER FIVE: FLORIDA CONCEALED WEAPONS PERMIT:

57
WEAPONS COVERED BY LICENSE:
58
QUALIFICATIONS FOR THE CONCEALED PERMIT:
59
COMPLETING THE APPLICATION PROCESS:
63
RECIPROCITY:
64
PROHIBITED PLACES WITH CONCEALED PERMIT:
65
LICENSE VIOLATIONS:
69
LOST LICENSES, OR CHANGE OF ADDRESS:
69
SUSPENSION OR REVOCATION OF YOUR PERMIT:
70
HOW YOU CAN CARRY CONCEALED:
72
DEALING WITH POLICE OFFICERS:
72
WHY CONCEALED PERMITS ARE THE BEST
73
CONCEALED WEAPONS BADGES:
73
MOMENTARILY UNCONCEALED - "PRINTING":
74
CHART ON LICENSE SUSPENSION/REVOCATION:
75
 

CHAPTER SIX: TRANSPORTATION AND CARRYING OF WEAPONS, AND FIREARMS:

77
SUMMARY OF WHERE HANDGUN CAN BE KEPT IN VEHICLE:
77
THE LEGAL CARRYING OF FIREARMS -- LISTED:
78
CHART OF EXEMPTIONS UNDER FS 79025:
79
LEGAL CARRYING IN AUTOMOBILES & PRIVATE VEHICLES:
80
SECURELY ENCASED
81
READILY ACCESSIBLE FOR IMMEDIATE USE
86
UNCONCEALED SHOTGUNS AND RIFLES:
87
THE WAY IT USED TO BE
88
INTER-STATE TRANSPORTATION OF FIREARMS:
89
PRIVATE BOATS:
90
THE BAHAMAS & FOREIGN PORTS:
90
WEAPONS, AIRPORTS, AND COMMERCIAL AIRCRAFT:
91
PRIVATE AIRCRAFT:
94
TRAINS, BUSES, AND OTHER PUBLIC TRANSPORTATION:
95
CARRYING IN YOUR HOME OR BUSINESS:
95
PROBLEMS WITH CONDO’S & APARTMENTS:
97
WHEN YOU STILL CAN'T HAVE IT:
100
SCHOOLS, COLLEGES, UNIVERSITIES:
100
NATIONAL FORESTS:
100
NATIONAL PARKS & WILDLIFE REFUGES:
100
STATE FORESTS & PARKS
101
MAILING & SENDING FIREARMS:
102
INDIAN RESERVATIONS:
104
SEAPORT RESTRICTED ZONES:
105
HOSPITALS & MENTAL FACILITIES:
105
PARKING LOT LAW:
106
 

CHAPTER SEVEN: COMMON WEAPONS VIOLATIONS:

107
CARRYING CONCEALED WEAPONS/ FIREARMS:
107
PEPPER SPRAY, TEAR-GAS, AND POCKET KNIVES:
108
COMMON POCKET KNIVES:
109
ELECTRIC , TASER & CHEMICAL WEAPONS:
110
OPEN CARRYING OF WEAPONS OTHER THAN FIREARMS:
112
IMPROPER EXHIBITION:
113
DISCHARGING FIREARMS IN PUBLIC:
116
DISCHARGING MACHINE GUNS:
116
MACHINE GUNS, UNDERSIZED FIREARMS, AND OTHER NFA WEAPONS:
117
ANY OTHER WEAPON:
119
PEN GUNS & PISTOLS:
119
WALLET GUN:
120
SILENCERS:
123
CHART ON LEGAL GUN & BARREL LENGTH:
123
USING A FIREARM WHILE UNDER THE INFLUENCE:
123
SHOOTING AT VEHICLES, VESSELS & STRUCTURES:
124
SELF-PROPELLED KNIVES:
125
POSSESSION BY CONVICTED FELON:
125
PROHIBITION AS TO AMMUNITION:
126
FIREARMS INVOLVED IN THE COMMISSION OF A FELONY:
128
USE OF BULLETPROOF VESTS:
128
ARMOR PIERCING OR SPECIALITY AMMUNITION:
128
ALTERED OR REMOVED SERIAL NUMBERS:
131
DESTRUCTIVE DEVICES:
131
SWITCHBLADE KNIFE:
133
ASSAULT WEAPONS:
134
USE OF BANGSTICKS
134
ARMED TRESPASS
135
LICENSED PRIVATE SECURITY GUARDS
136
PERMITTED FIREARMS FOR “G” LICENSEE
137
PROHIBITED AMMO FOR SECURITY GUARDS:
137
DECLARED EMERGENCIES:
137
CHAPTER EIGHT: LAWS CONCERNING CHILDREN:
139
LAWFUL AGE TO POSSESS FIREARMS OR AMMUNITION:
139
FLORIDA LAWS PERTAINING TO MINORS
141
CHART OF PENALTIES FOR CHILD VIOLATIONS:
142
OTHER PENALTIES:
142
STORAGE OF LOADED FIREARMS:
145
CIVIL LIABILITY IF THE KIDS GET TO IT:
147
GUN FREE SCHOOL ZONES ACT -- PART TWO:
148
FLORIDA SCHOOL ZONE LAWS:
148
TRAINING CHILDREN TO BE SAFE
154
CHART RELATED TO POSSESSION NEAR SCHOOL:
155
 

CHAPTER NINE: DEALERS, FFL's & INSTRUCTORS:

157
WHO MUST SECURE A FEDERAL LICENSE:
157
WHAT DOES THE LICENSE COVER:
158
CONFUSION WITH CORPORATE OWNERSHIP:
160
LICENSED COLLECTORS:
161
OBTAINING THE FFL:
161
DENIAL OF APPLICATION:
162
PROCEDURE ON REVOCATION OF FFL:
162
ADMINISTRATIVE REVIEW OF RECORDS AND INVENTORY:
163
SALE OF FIREARMS/AMMUNITION TO LEGAL ALIENS:
164
NON-IMMIGRANT ALIENS
164
PROOF OF RESIDENCY:
165
PERMANENT BRADY LAW PROVISIONS
166
SALES OR DISPOSITIONS FROM PERSONAL COLLECTION:
166
MULTIPLE HANDGUN SALES TO SINGLE INDIVIDUAL:
167
LOSS OR THEFT OF FIREARMS
168
ANTIQUE FIREARMS:
168
PAWNBROKERS:
169
SELLING TO PERSONS WITH OBVIOUS IMPAIRMENTS:
170
SELLING TO KIDS:
170
SALE OF AMMUNITION TO MINOR
171
CHART ON PERMITTED WEAPON SALES TO MINOR:
172
REQUIRED FLORIDA WARNING NOTICES UPON SALE:
172
REQUIRED FEDERAL WARNINGS :
173
STUFF YOU GOTTA SELL:
173
STUFF YOU JUST CAN'T SELL IN FLORIDA:
174
SELF-PROPELLED, BALLISTIC, OR SPRING" KNIVES
175
GUN SHOWS:
175
RELOADING AS A BUSINESS:
176
FIREARM INSTRUCTORS:
176
FFL OPERATING OUT OF HOME:
177
ABBREVIATIONS & BOUND BOOK:
177
RESPONSIBLE PERSON
178
SALE OF UNFINISHED RECEIVERS:
179

CHAPTER TEN: MISCELLANEOUS PROVISIONS:

181
THE 1994 ASSAULT WEAPONS BAN:
181
MODIFICATIONS TO ASSAULT RIFLES:
183
LAW ENFORCEMENT OFFICERS SAFETY ACT
187
 

CHAPTER ELEVEN: SELF DEFENSE, AND THE LAWFUL

193
USE OF FORCE: FORCIBLE FELONY
195
DEADLY WEAPON:
196
IMMINENT:
197
REASONABLE BELIEF ("reasonably believes"):
197
DEADLY FORCE:
199
JUSTIFIABLE USE OF FORCE -- NON-DEADLY FORCE:
199
JUSTIFIABLE USE OF DEADLY FORCE:
203
EXCESSIVE FORCE:
204
NEW PROTECTION OF PERSONS & PROPERTY LAW:
204
CHANGES IN FS 776012:
206
HOME PROTECTION UNDER FS 776013:
207
NEW DEFINITIONS IN 776013:
208
HOW DOES SECTION, 776013, WORK?
209
IMMUNITY AND 776013:
210
EXCEPTIONS TO THE PRESUMPTIONS IN 776013:
212
DUTY TO RETREAT UNDER THE NEW LAW
214
PLACES WHERE YOU SHOULD HAVEA RIGHT TO BE:
216
SOME QUALIFIERS TO THE NON-RETREAT RULE:
218
WHAT WILL HAPPEN TO THE BURDEN OF PROOF:
218
RETREAT RULE - BUSINESS PREMISES:
219
DEADLY FORCE -- USE TO PREVENT ESCAPE:
220
LESS THAN LETHAL AMMUNITION:
221
USE OF FORCE BY LAW ENFORCEMENT:
221
CRIMES & PENALTIES FOR USING EXCESSIVE FORCE:
222
MANSLAUGHTER:
222
AGGRAVATED ASSAULT:
224
ROAD RAGE PROBLEMS WITH AGGRAVATE ASSAULT:
226
A NEEDED SELF-DEFENSE STATUTE:
229
EXCUSABLE HOMICIDE:
229
DEFENSES TO CIVIL LIABILITY:
232
OTHER CIVIL /INSURANCE PROBLEMS
232
INSURANCE:
233
DAMAGE CAUSED BY YOUR KIDS:
233
A SUMMARY ON THE USE & DISPLAY OF WEAPONS:
234
SELF-DEFENSE EXAMPLES - GOOD & BAD:
237
A SUMMARY ON SELF-DEFENSE LAW:
240
WHAT TO DO AFTER THE POLICE ARRIVE
241
911 - USE IT!
244
CELLULAR PHONES - YOUR BEST DEFENSE:
245
GETTING STOPPED BY THE POLICE:
245
USE OF FORCE AGAINST ANIMALS:
247
NANOSECONDS TO REACT:
251
Heynard v State, 689 So 2d 239 (Fla 1996):
251
James v State, 695 So 2d 1229 (Fla 1997):
252
Campbell v State, 679 So2d 720 (Fla 1996):
253
MANDATORY SENTENCES FOR FIREA255 OFFENSES:
255
CHART OF MANDATORY FIREARM SENTENCES:
257
FIRING A WARNING SHOT:
257
THE AFTERMATH OF MANDATORY SENTENCING:
258
MORE EXAMPLES & JURY PARDONS:
259
A NEEDED CONSTITUTIONAL AMENDMENT:
261
 

CHAPTER TWELVE: MORE MISCELLANEOUS:

263
PRIOR EDITIONS OF “FLORIDA FIREARMS:
263
FREE UPDATING SERVICE:
264
MY BLOG:
264
WEBSITE AND E-MAIL QUESTIONS:
264
ENDNOTE SECTION:
265
LIST OF PRO-SECOND AMENDMENT ORGANIZATIONS
265
GETTING A SEIZED FIREARM BACK:
266
GEORGIA LAW FOR CWP HOLDERS, ONLY:
267
   
CONCLUSION 267
ENDNOTES: 269
INDEX: 295
ABOUT THE AUTHOR: back inside cover

Book Ordering

View Ordering Info and Store Policies

This book is available at many firearm stores, gunshows, from instructors and by "special order" at most major bookstores using the ISBN identification number on the rear cover (0-9641958-4-4). Alternatively, you may order Florida Firearms directly from the publisher in the amount of $36.95 per book (includes tax, shipping and handling).

NOTE: We cannot ship outside of the continental USA! If you overpay an order, we do not make refunds unless you've got more than $2.00 coming to you. This is because our expense on it is about $2 per refund. Any remaining part of the overpayment can be refunded. We do offer substantial discounts to dealers, stores and certified instructors and suggest that new dealers call us for discount information before placing their first order. To carry the book as a reseller, call Mr. Gutmacher's office in Orlando, Florida, for fastest response at 407.650.0770. Price is subject to change.

Updating Policy: Cumulative updates to this book are available on this website only. We no longer ship physical updates.

For other issues, you may contact Mr. Gutmacher.


 

Jon H. Gutmacher, P.A., 200 N. Thornton Ave., Orlando, FL 32801
Phn. 407.650.0770 | Email: Contact Us