Articles Posted in Florida – Gun Trust Lawyer

In Florida, it is illegal for an individual to be on probation to own, possess, or use a firearm without permission of a Judge and his or her probation officer. While initially, this may sound reasonable because in our minds we tend to associate probation with criminals and felons, many of us do not realize that this also applies to those on probation for misdemeanor and driving offenses. Still don’t see a problem? What about a DUI or reckless driving charge? Did you know that you or your spouse could go to jail for owning, using, possessing, or having access to a firearm while on probation for a driving charge?

Most Jacksonville Criminal Defense Lawyers may not know to ask their clients about firearms in these circumstances and may be advising their clients incorrectly when charged with a DUI or reckless driving charge. A Gun Trust can be designed to manage your firearms without risk of loss and criminal prosecution while an individual or family member is on probation.

If you live in another state, you may check to see if the terms of probation include restrictions on ownership, transfer, possession, and use of firearms or weapons.

The best time to do this transfer is before your probation states. In most cases, it is not illegal to be in possession or transfer the firearms correctly while charged, but you should contact a Gun Trust Lawyer®, create a gun trust, and transfer your firearms into the Gun trust prior to probation.

While some may consider just lending their guns to others during probation, this will not solve your problem as you still own them and could be considered to have constructive possession over the firearms.

If you own Title II firearms, this may not be possible if you purchased them as an individual as a personal transfer can take 6 months or more to complete.

Unlike most states which have changed the laws, In Florida you can hunt with Suppressors starting today.

This morning the following announcement was sent out by Marion Hammer the Executive Director of the SSF and past president of the NRA

DATE: November 21, 2014 TO: USF & NRA Member and Friends FROM: Marion P. Hammer USF Executive Director
NRA Past President
At their meeting in Key Largo, Florida, today, the Florida Fish and Wildlife Conservation Commission voted to remove the ban on using silencers/suppressors on pistols and rifles for hunting deer, gray squirrels, rabbits, wild turkeys, quail and crows.

Using silencers/suppressors on pistols, rifles and shotguns for all other legal hunting was already allowed.

Following the suppressor vote, the Commission also voted to authorize an Executive Order to lift the ban immediately and allow hunting with suppressors to being at once.

Following that vote, Executive Order # EO 14-32 was signed. Using suppressor-equipped rifles, pistols and shotguns is now legal for all hunting in Florida.

I would expect a huge increase in Suppressor sales like we have seen in other states after permitting hunting wihit suppressors

It is expected that the Florida Fish and Wildlife Conservation Commission will repeal the 1957 ban on hunting with a sound suppressor.

This change will remove the prohibition on the use of suppressed firearms for taking (hunting) deer, gray squirrels, rabbits, wild turkeys, quail and crows.

10 states have recently permitted hunting with suppressor and now there are 32 other states besides Florida that permit hunting of game animals with suppressors
If you are looking to purchase a suppressor in Florida, you should do so now because of what we have seen in other states as a direct result of permitting hunting with suppressors. Within the next week to ten days you may not be able to find an unsold suppressor in the state.

If you purchase a suppressor as an individual you must get a CLEO signature and fingerprints. If you use a Gun Trust, all that is required is a NICS check like with any other firearm. As many CLEOs in FL refuse to sign Form 4s, a Gun Trust is a great alternative and gives a lot of flexibility to those wanting to use TItle II firearms.

if you want to post a comment for the FWC staff about suppressors follow this LINK.

I received an email regarding a clarification of the previous version of this blog.
The email I received was to clarify what was happening and stated that there will be discussions with their Commissioners to let them know that they are taking a look at the issue of hunting GAME animals with a suppressor in Florida and plans to bring a draft rule change for the Commissions consideration at the September Commission meeting.

At that time, the proposal would be to allow the use of suppressors for hunting Game animals. The hunting of Game animals in is permitted in a majority of states and Florida, which usually leads the nation in gun legislation, is clearly in the minority.

No action or decision on the issue will take place next week and it would likily be many months before such a rule change could become effective.

Remember that no action or decision requested from Commissioners on this issue next week, it is only to let the Commission know that the FFW, Division of Hunting and Game Management is thinking of making such a proposal in September.

Currently it is not legal to hunt Game animals with suppressors in Florida, but some hunting with suppressors is permitted in Florida. If you would like to know what is permitted, please see this article on Hunting in Florida with a Suppressor.

To answer this question you must look a the Florida Statutes and Florida Administrative code. While Florida Law does not specifically grant the right to use a suppressor while hunting in certain conditions, you must remember that laws do not grant rights they restrict them so by interpreting what rights you do not have, you can determine what is left.

In Florida there are four classifications of land:

  1. Wildlife Management Areas;
  2. Wildlife and Environmental Areas;
  3. Public land that are not classified as Wildlife Management Areas or Wildlife and Environmental Areas ; and
  4. Private land.

You may not take GAME animals (mammals or birds) or Crows with a suppressor or machine gun on any type of land. Per FAC 68A-12.002
You may not take wild hogs on Wildlife Management Areas and Wildlife Environmental Areas (per FAC 68A-15.004 and 68A-17.004), but can use a suppressor to take other non game animals such as furbearers unless prohibited to be hunted the area brochure or the area brochure prohibits the use of suppressors.

Game animals include Resident Game Birds, Resident Game mammals, Migratory Game Birds and Protected Mammals.

See http://myfwc.com/hunting/regulations/taking-game/

Neither Florida Law nor Florida Administrative Code restricts the use of suppressors (silencers), on private land, to take varmint, furbearers, non native game animals. In addition, suppressors can be used to take wild hogs on public land that is not classified as a Wildlife Management Area or Wildlife and Environmental Area.

Here are some definitions that will help make sense of these two statements.

  • Game birds –Wild turkey, quail, rails, snipe, woodcock, ducks, geese, brant, dove, coot, common moorhen, and non-native species generally considered game such as pheasant, chukar partridge, and coturnix quail.
  • Resident game mammals –deer, gray squirrels and rabbits
  • Furbearers –bobcats, otters, raccoons, opossums, coyotes, beavers, skunks and nutrias
  • Migratory game birds –ducks, geese, common moorhens, coots, snipe, rails, woodcocks, mourning doves and white-winged doves
  • Protected mammals –Florida black bears, fox squirrels and Florida panthers cannot be taken or pursued.

Suppressors can be used on private land in Florida to take some animals as indicated above. Suppressors (silencers) should not be used to take any Game animal (mammal or bird) crow, or wild pig in a Wildlife Management Area or Wildlife and Environmental Area and non game animals (wild pigs or furbearers), may be taken on other public land that is not classified as a Wildlife Management Area or Wildlife and Environmental Area.

Starting October 1st, any public official who passes or enforces gun regulations below the state level. State officials who enact or enforce local gun laws in violation face a $5,000 personal fine and could even be removed from office by the governor.

The new law is called the Penalties for Violating Firearms Preemption Law, the new statute forces the repeal of any and all regulations, policies, and ordinances that violate the firearms preemption law of 1987. We are already hearing that the passage is having an impact on town and county officials who are scrambling to come into compliance by the October 1 deadline.

The Orlando Sentinel reported on the changes now underway that:

“Orange County employees have started removing ‘no firearms’ signs at county parks, and soon they’ll probably black out the same words on brochures. In Groveland, leaders recently erased from the books an ordinance that banned firing a gun into the air….in Boca Raton, the “no guns allowed” sign has come down at City Hall. In Lake County, commissioners recently deleted a provision in an ordinance that would have banned firearms on public lands, including its parks.”

From the NRA:
Despite its very misleading name, this national group of anti-gun mayors has lobbied Congress against national reciprocity of state Right-to-Carry permits, against much-needed reform of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), for regulating gun shows out of existence, and for repealing the Tiahrt Amendment that protects the privacy rights of law-abiding gun owners and limits disclosure of sensitive firearm trace data to protect law enforcement personnel and protect lawful gun manufacturers from bogus lawsuits.

You can contact them by using the information provided on this Map. Please call , email and write your mayor today and ask them to support law abiding gun owners by disassociating themselves with Bloomberg and “Mayors Against Illegal Guns” Continue reading

Jacksonville Mayor John Peyton Joined “Mayors Against Illegal Guns” which was founded and funded by the anti-gun Mayor Michael Bloomberg.

The name of the organization is very misleading as the NRA calls the organization a front group to lobby Congress to oppose important pro-gun reforms and support new federal gun control restrictions.

Please email or write Mayor Peyton and ask him to support law-abiding gun owners by publicly disassociating himself with Michael Bloomberg and “Mayors Against Illegal Guns”.

While none of us would support illegal guns, this organization is designed to prohibit and restrict legal guns.

Mayor John Peyton
117 W. Duval St., Suite 400
Jacksonville, Florida 32202
904-630-1776 and jpeyton@coj.net

crime-tape.jpgNFA firearms and Constructive Possession. Some said it would never happen, but it seem that just recently Jesus Amador was arrested for possession / Constructive possession of an SBR.

Florida law does not allow individuals to possess the pieces to readily build an SBR, SBS, or Machine Gun unless permitted to do so under Federal law. While he may have been enticed by the police to take an action that he would not have taken, he eventually showed up to unknowingly sell the items to a police officer. Upon doing so 7 police officers at gun point slammed him to the ground and arrested him (as reported by Joshua Prince on his gun blog and by Mr Amador on Florida Gun Trader)

While some may say that this is a possession issue and not constructive possession, the fact is that constructive or actual possession are only ways to prove possession and as such there may be little significance between the two.

If you are going purchase, own, or use NFA firearms make sure you are protected by using a NFA Gun Trust that deals with these special firearms as Title II firearms and not as a traditional asset like a house, care, boat, bank account, or picture on the wall. If you do not believe there is a difference, call us and we will explain how they are different and why you need a gun trust for your firearms.

sbr.jpgGenerally an SBR is considered no different than a riffle under most state laws. With this in mind, you have to look at your CWP statutes to see how a weapon or firearm is defined for purposes of the statute.

In Florida, the statute that deals with Concealed weapons and firearms defines what can be carried  (Florida Statute 790.06 -License to carry concealed weapon or firearm) which states:

(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

This means that an SBR cannot be carried concealed in Florida. In addition, a Machine Gun Pistol would not be able to be carried concealed with a Florida CWP.

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