Want to know if you can buy a silencer without BATFE preapproval??? Well, if you’re a member of Gun Owners of America — sure. Otherwise, not a great idea. The why??? Well, in the recent August 5, 2026, decision of Silencer Shop Found. v. Bureau of Alcohol, Tobacco, Firearms & Explosives, Case No. 6:25-CV-056-H, (N.D. …
Articles by gutlaw@gmail.com
I was on Facebook today, as usual, and came across a post where a law enforcement officer was being prosecuted for manslaughter because he chose to shoot an advancing perp who the officer felt would overcome him in a fight. He had warned the individual he would shoot, but the man kept advancing. Although there …
SECOND AMENDMENT GUN PURCHASES BY 18-20 YEAR OLDS IN FLORIDA I recently read a post on Facebook espousing that 18-20 year olds should be able to purchase firearms in Florida under the Second Amendment, and that delays were not to be tolerated. My answer to that is “probably not”. Why? Well, the recent Florida appellate …
Can Florida religious institutions (churches, etc.) have armed volunteer security??? Sure They Can! F.S. 790.06(13) already allows that!!! I was recently asked by a Florida CWL holder whether he could volunteer at his church for providing armed security? He was confused because he thought he could — but then — he heard that Florida Senator …
A Failure of Justice – State v.Herard, 50 Fla.L.Weekly D1822 (Fla. 6DCA 2025)by Jon H. Gutmacher, Esq. [9/12/2025] Following a traffic stop, Orlando Police Officers arrested Mr. Herard on March 8, 2023, for carrying a concealed firearm without a license. The State prosecuted the charge as a third degree felony under section …
For those of you who have read the book — this post should be fairly easy to navigate. If you have not yet read it — it might just be a little bit over your head. Either way, it’s still interesting — so here goes: A new and interesting case, Smith v. State, 50 Fla.L.Weekly …
DOG ATTACKS IN FLORIDA USE OF SELF DEFENSE The use of deadly force to stop an animal attack on yourself is legal as long as it is reasonable. King v. State, 12 So.3d 1271 (Fla. 5DCA 2009). But, what happens if the State still decides to prosecute you? Probably you should have …
Florida Constitutional Amendment 4 (2024) Amendment to Limit Government Interference with Abortion — my analysis and suggestions: Full text of amendment, as proposed: “Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s …
Well . . . for around thirty years now I’ve explained in the book the interplay between 790.06 (CWL) and 790.01 (carry of concealed weapons & concealed firearms), and am constantly amazed when the question pops up again — and again. This time, on Facebook on the GOA pages because of the Florida Legislative amendments …