| ACKNOWLEDGMENTS: |
xi |
|
| 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 |
| A WARNING ABOUT CONSTITUTIONAL INTERPRETATION: |
4 |
| FLORIDA’S RIGHT TO KEEP AND BEAR ARMS: |
5 |
| PREEMPTION LAW: |
5 |
| STATISTICAL DATA ON USE OF FIREARMS: |
6 |
| THE EXTENSION OF THE POWERS OF CONGRESS: |
7 |
| A BRIEF LESSON IN CONSTITUTIONAL LAW: |
8 |
| CONSTITUTIONAL REVISION ON FIREARMS SALES: |
12 |
| |
|
|
| CHAPTER TWO: QUALIFICATIONS FOR PURCHASING, OR POSSESSION OF FIREARMS: |
15 |
| DEFINITION OF A "FIREARM"?: |
15 |
| ANTIQUE FIREARMS & 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 REQUIREMENTS: |
25 |
| LEGAL 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: |
32 |
| FLORIDA FIREARMS PURCHASE PROGRAM: |
33 |
| ARREST FOR "DANGEROUS" CRIME: |
34 |
| CHART OF ARRESTS PREVENTING FDLE APPROVAL: |
35 |
| WARNING ABOUT 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: |
41 |
| 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 IN FLORIDA: |
54 |
| |
|
|
| CHAPTER FIVE: FLORIDA CONCEALED WEAPONS PERMIT: |
57 |
| WEAPONS COVERED BY LICENSE: |
58 |
| QUALIFICATIONS FOR THE CONCEALED PERMIT: |
58 |
| COMPLETING THE APPLICATION PROCESS: |
62 |
| 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 |
| WHY CONCEALED PERMITS ARE THE BEST: |
73 |
| CONCEALED WEAPONS BADGES: |
73 |
| MOMENTARILY UNCONCEALED: |
73 |
| CHART ON LICENSE SUSPENSION/REVOCATION: |
74 |
| |
|
|
| CHAPTER SIX: TRANSPORTATION AND CARRYING OF WEAPONS, AND FIREARMS: |
75 |
| SUMMARY OF WHERE HANDGUN CAN BE KEPT IN VEHICLE: |
75 |
| THE LEGAL CARRYING OF FIREARMS -- LISTED: |
76 |
| CHART OF EXEMPTIONS UNDER F.S. 790.25: |
77 |
| LEGAL CARRYING IN AUTOMOBILES & PRIVATE VEHICLES: |
78 |
| SECURELY ENCASED: |
79 |
| READILY ACCESSIBLE FOR IMMEDIATE USE: |
83 |
| UNCONCEALED SHOTGUNS AND RIFLES: |
84 |
| THE WAY IT USED TO BE: |
85 |
| INTER-STATE TRANSPORTATION OF FIREARMS: |
86 |
| PRIVATE BOATS: |
87 |
| WEAPONS, AIRPORTS, AND COMMERCIAL AIRCRAFT: |
88 |
| PRIVATE AIRCRAFT: |
91 |
| TRAINS, BUSES, AND OTHER PUBLIC TRANSPORTATION: |
91 |
| CARRYING IN YOUR HOME OR BUSINESS: |
92 |
| PROBLEMS WITH CONDO’S & APARTMENTS: |
94 |
| WHEN YOU STILL CAN'T HAVE IT: |
97 |
| SCHOOLS, COLLEGES, UNIVERSITIES: |
97 |
| NATIONAL FORESTS: |
97 |
| STATE FORESTS AND PARKS: |
97 |
| MAILING & SENDING FIREARMS: |
98 |
| INDIAN RESERVATIONS: |
101 |
| |
|
|
| CHAPTER SEVEN: COMMON WEAPONS VIOLATIONS: |
103 |
| CARRYING CONCEALED WEAPONS AND FIREARMS: |
103 |
| PEPPER SPRAY, TEAR-GAS, AND POCKET KNIVES: |
104 |
| COMMON POCKETKNIVES: |
105 |
| ELECTRIC & CHEMICAL WEAPONS: |
106 |
| OPEN CARRYING OF WEAPONS OTHER THAN FIREARMS: |
108 |
| IMPROPER EXHIBITION OF FIREARMS & WEAPONS: |
109 |
| DISCHARGING FIREARMS IN PUBLIC: |
112 |
| DISCHARGING MACHINE GUNS: |
113 |
| MACHINE GUNS, UNDERSIZED FIREARMS, AND OTHER NFA WEAPONS: |
113 |
| PEN & WALLET GUNS: |
115 |
| SILENCERS: |
119 |
| CHART ON LEGAL GUN & BARREL LENGTH: |
119 |
| USING A FIREARM WHILE UNDER THE INFLUENCE: |
119 |
| SHOOTING AT VEHICLES, VESSELS & STRUCTURES: |
120 |
| SELF-PROPELLED KNIVES: |
121 |
| POSSESSION BY CONVICTED FELON: |
121 |
| PROHIBITION AS TO AMMUNITION: |
122 |
| FIREARMS INVOLVED IN THE COMMISSION OF A FELONY: |
124 |
| USE OF BULLETPROOF VEST WHILE COMMITTING FELONY: |
124 |
| ARMOR PIERCING OR SPECIALITY AMMUNITION: |
125 |
| ALTERED OR REMOVED SERIAL NUMBERS: |
127 |
| DESTRUCTIVE DEVICES: |
127 |
| SWITCHBLADE KNIFE: |
129 |
| ASSAULT WEAPONS: |
130 |
| USE OF BANGSTICKS: |
130 |
| ARMED TRESPASS: |
131 |
| LICENSED PRIVATE SECURITY GUARDS: |
132 |
| CHART OF PERMITTED FIREARMS FOR “G” LICENSEE: |
133 |
| PROHIBITED AMMO FOR SECURITY GUARDS: |
133 |
| |
|
|
| CHAPTER EIGHT: LAWS CONCERNING CHILDREN: |
135 |
| LAWFUL AGE TO POSSESS FIREARMS OR AMMUNITION: |
135 |
| FLORIDA LAWS PERTAINING TO MINORS: |
137 |
| CHART OF PENALTIES FOR CHILD VIOLATIONS: |
138 |
| OTHER PENALTIES: |
138 |
| STORAGE OF LOADED FIREARMS: |
141 |
| CIVIL LIABILITY IF THE KIDS GET TO IT: |
143 |
| GUN FREE SCHOOL ZONES ACT -- PART TWO: |
144 |
| FLORIDA SCHOOL ZONE LAWS: |
145 |
| TRAINING CHILDREN TO BE SAFE: |
150 |
| CHART RELATED TO POSSESSION NEAR SCHOOL: |
151 |
| |
|
|
| CHAPTER NINE: DEALERS, FFL’s & INSTRUCTORS: |
153 |
| WHO MUST SECURE A FEDERAL LICENSE: |
153 |
| WHAT DOES THE LICENSE COVER: |
154 |
| CONFUSION WITH CORPORATE OWNERSHIP: |
156 |
| LICENSED COLLECTORS: |
157 |
| OBTAINING THE FFL: |
157 |
| DENIAL OF APPLICATION: |
158 |
| PROCEDURE ON REVOCATION OF FFL: |
158 |
| ADMINISTRATIVE REVIEW OF RECORDS AND INVENTORY: |
159 |
| SALE OF FIREARMS/AMMUNITION TO LEGAL ALIENS: |
160 |
| PERMANENT BRADY LAW PROVISIONS: |
162 |
| SALES OR DISPOSITIONS FROM PERSONAL COLLECTION: |
162 |
| SALE OF MULTIPLE HANDGUNS TO SINGLE INDIVIDUAL: |
163 |
| LOSS OR THEFT OF FIREARMS: |
164 |
| ANTIQUE FIREARMS: |
164 |
| PAWNBROKERS: |
165 |
| SELLING TO PERSONS WITH OBVIOUS IMPAIRMENTS: |
166 |
| SELLING TO KIDS: |
166 |
| SALE OF AMMUNITION TO MINOR: |
167 |
| CHART ON PERMITTED WEAPON SALES TO MINOR: |
168 |
| REQUIRED FLORIDA WARNING NOTICES UPON SALE: |
168 |
| REQUIRED FEDERAL WARNINGS : |
169 |
| STUFF YOU GOTTA SELL: |
169 |
| STUFF YOU JUST CAN'T SELL IN FLORIDA: |
169 |
| SELF-PROPELLED, BALLISTIC, OR "SPRING" KNIVES: |
170 |
| GUN SHOWS: |
171 |
| RELOADING AS A BUSINESS: |
171 |
| FIREARM INSTRUCTORS: |
171 |
| FFL OPERATING OUT OF HOME: |
172 |
| USING ABBREVIATIONS ON THE FORM 4473: |
173 |
| |
|
|
| CHAPTER TEN: MISCELLANEOUS PROVISIONS: |
175 |
| THE ASSAULT WEAPONS BAN: |
175 |
| MODIFICATIONS TO ASSAULT RIFLES: |
177 |
| LAW ENFORCEMENT OFFICERS SAFETY ACT: |
181 |
| |
|
|
| CHAPTER ELEVEN:SELF DEFENSE, AND THE LAWFUL USE OF FORCE: |
185 |
| FORCIBLE FELONY: |
187 |
| DEADLY WEAPON: |
188 |
| IMMINENT: |
189 |
| REASONABLE BELIEF ("reasonably believes"): |
189 |
| DEADLY FORCE: |
191 |
| JUSTIFIABLE USE OF FORCE -- NON-DEADLY FORCE: |
192 |
| JUSTIFIABLE USE OF DEADLY FORCE: |
195 |
| EXCESSIVE FORCE: |
197 |
| NEW “PROTECTION OF PERSONS & PROPERTY” LAW: |
197 |
| THE TWO NEW “PRESUMPTIONS” IN F.S.776.013: |
199 |
| NEW DEFINITIONS IN F.S.776.013: |
200 |
| HOW DOES THIS SECTION, F.S. 776.013, WORK?: |
200 |
| EXCEPTIONS TO PRESUMPTIONS IN F.S. 776.013: |
202 |
| DUTY TO RETREAT UNDER THE NEW LAW: |
205 |
| PLACES WHERE YOU SHOULD HAVE “A RIGHT TO BE”: |
206 |
| SOME QUALIFIERS TO THE NON-RETREAT RULE: |
208 |
| WHAT WILL HAPPEN TO THE BURDEN OF PROOF: |
209 |
| RETREAT RULE – BUSINESS PREMISES: |
209 |
| DEADLY FORCE -- USE TO PREVENT ESCAPE: |
210 |
| LESS THAN LETHAL AMMUNITION: |
211 |
| USE OF FORCE BY LAW ENFORCEMENT: |
212 |
| CRIMES AND PENALTIES FOR USING EXCESSIVE FORCE: |
213 |
| MANSLAUGHTER: |
213 |
| AGGRAVATED ASSAULT: |
214 |
| ROAD RAGE PROBLEMS WITH AGGRAVATED ASSAULT: |
217 |
| A NEEDED SELF-DEFENSE STATUTE: |
219 |
| EXCUSABLE HOMICIDE: |
220 |
| DEFENSES TO CIVIL LIABILITY: |
222 |
| OTHER CIVIL PROBLEMS - INSURANCE : |
223 |
| DAMAGE CAUSED BY YOUR KIDS: |
224 |
| A SUMMARY ON THE USE & DISPLAY OF WEAPONS: |
225 |
| SELF-DEFENSE CASES THAT GO WRONG OR RIGHT: |
227 |
| A SUMMARY ON SELF-DEFENSE LAW: |
230 |
| WHAT TO DO AFTER THE POLICE ARRIVE: |
231 |
| 911 — USE IT!: |
234 |
| CELLULAR PHONES — YOUR BEST DEFENSE: |
235 |
| GETTING STOPPED BY THE POLICE: |
236 |
| USE OF FORCE AGAINST ANIMALS: |
238 |
| NANOSECONDS TO REACT: |
241 |
| MANDATORY SENTENCES FOR FIREARM OFFENSES: |
246 |
| CHART OF MANDATORY FIREARM SENTENCES: |
247 |
| FIRING A WARNING SHOT: |
248 |
| THE AFTERMATH OF MANDATORY SENTENCING: |
249 |
| MORE EXAMPLES & JURY PARDONS: |
250 |
| A NEEDED CONSTITUTIONAL AMENDMENT: |
251 |
| |
|
| CONCLUSION: |
252 |
|
| ENDNOTES: |
253 |
|
| ADDENDUM: |
279 |
| PRIOR EDITIONS OF “FLORIDA FIREARMS”: |
279 |
| FREE UPDATING SERVICE: |
279 |
| OUR WEBSITE AND E-MAIL QUESTIONS: |
280 |
| LIST OF PRO-SECOND AMENDMENT ORGANIZATIONS: |
280 |
| GEORGIA LAW FOR CONCEALED PERMIT HOLDERS, ONLY: |
281 |
| GETTING A SEIZED FIREARM BACK: |
282 |
|
| INDEX: |
283 |
|
| ORDERING INFORMATION: |
297 |
|
| ABOUT THE AUTHOR: |
