WARNING: The sections in the new 2021-2022 book in chapters six and eight regarding Church schools do not become law until July 1, 2021 due to unanticipated non-action by the Governor. These sections concern HB 259 which amended F.S. 790.06(13) – and will allow a CWL holder to carry concealed on the premises of a …
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Self Defense In Florida Does Not Necessarily Stop When the Culprit Flees:copyright 2020 by jon gutmacher There have been some unusual, and very important appellate cases involving Florida self defense issues so far this 2020. The one I’d like to write about now is Bouie v. State, 45 Fla. L.Weekly D415 (Fla. 2DCA …
PISTOL STABILIZING BRACES and ATF – BEWARE in 2021. by jon gutmacher ATF has been re-examining stabilizing braces again, and proposed a new rule that will likely make any AR style pistol with a barrel length under 16 inches a short barreled rifle under NFA regulations. They went after these in 2020, and then reversed …
Can you wear a Covid mask & carry a firearm in Florida? copyright 2020 by jon gutmacher OK, you’ve made the grand mistake of going on social media to try to find outif you can carry a firearm with your CWL, and also wear a mask to protect yourself, and others …
A Quick Analysis of Florida Statute 870.044 – the “Automatic” prohibitions: copyright 2020 by jon gutmacher You’ve all seen the rioting on television. You’re all worried because you feel the need to have a firearm to protect yourself while driving or out in public, and some jurisdictions have declared “a state of emergency” because of …
What to do in a riot?Copyright 2020 by jon gutmacher I’ve been asked a few times what can folks do to protect themselves in a riot, legally? I’ve also been asked about a few different scenarios. So, here’s my take, according to current Florida law: First, Florida Statute 776.08 defines what a “forcible felony” is. …
A Lesson on How Complex the Florida Self Defense Laws Really Are.copyright 2019 by Jon H. Gutmacher, Esq. Too many folks who are not lawyers think reading the statutes gives them an understanding of the law. The problem with that theory is they are not trained in how a statute is legally interpreted, and more …
Florida’s first “red flag” order appellate case: by Jon H. Gutmacher, Esq. Davis v. Gilchrist County Sheriff’s Office, 44 Fla. L. Weekly D2407 (Fla. 1DCA 9/25/2019) is the first reported “red flag” (Risk Protection Order) appellate case in Florida. The case arose when the Sheriff’s Office sought a RPO against one of its own deputies …
September 2019 emails: I’ve decided to include some of the email questions I get during the month into a regular series of monthly posts. These are my opinions based on research: Question: Can a 16 year old carry pepper spray (2 oz. “Self defense chemical spray”) to protect herself when walking the dog? Answer: Sure. …
Got the following email question, and thought you might like to read it, and my response: Question: In light of the changes to FSS 790.065, made by the Legislature after the Parkland murders, specifically the addition of sub-paragraph (13) (quoted below), what is your opinion of a non-FFL selling firearm to a person under 21? …