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June 10, 2014

Florida to Discuss Hunting with Suppressor Next Week

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.

June 3, 2014

Can I Hunt in Florida with a Suppressor (Silencer)? Updated

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.

August 16, 2011

Florida Passes Pro 2nd Amendment Legislation: Penalties for Violating Firearms Preemption Law

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."
September 11, 2009

Mayors Against Illegal Gun - 50 Florida Mayors remain members

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"

Atlantic Beach:Mayor John S. Meserve
Atlantis:Mayor Manny Fernandez
Aventura:Mayor: Susan Gottlieb
Bowling Green: Mayor Perry Knight
Cooper City:Mayor Debby Eisinger
Coral Springs:Mayor Scott J. Brook
Doral: Mayor Juan Carlos Bermudez
El Portal:Mayor Joyce A. Davis
Fernandina Beach:Mayor Bruce Malcolm
Fort Myers:Mayor Jim Humphrey
Greenwood:Mayor Charles Sanders
Hallandale Beach:Mayor Joy Cooper
Haverhill:Mayor Joseph S. Kroll
Hollywood:Mayor Peter Bober
Hypoluxo:Mayor Kenneth Schultz
Jacksonville:Mayor John Peyton
Kenneth City:Mayor Muriel H. Whitman
Keystone Heights:Mayor Mary Lou Hildreth
Largo:Mayor Patricia Gerard
Lauderdale: LakesMayor Barrington Russell
Lauderdale-By-The-Sea:Mayor Roseann Minnet
Lauderhill:Mayor Richard J. Kaplan
Malone:Mayor Gene Wright
Miami:Mayor Manuel Diaz
Miami Beach:Mayor Matti Herrera Bower
Miami-Dade County:Mayor Carlos Alvarez
Naples:Mayor Bill Barnett
Neptune Beach: Mayor Harriet Pruette
Newberry:Mayor John Glanzer
Niceville:Mayor Randall Wise
North Miami:Mayor Andre Pierre
North Miami Beach:Mayor Raymond Marin
North Palm Beach:Mayor David B. Norris
Oak Hill:Mayor Darla Lauer
Opa Locka:Mayor Joseph L. Kelley
Orlando:Mayor Buddy Dyer
Ormond Beach:Mayor Fred Costello
Pembroke Park:Mayor Emma Shoaff
Pembroke Pines:Mayor Frank C. Ortis
Pompano Beach:Mayor Lamar Fisher
Port St Lucie:Mayor Patricia Christensen
Tallahassee:Mayor John Marks III
Tamarac:Mayor Beth Talabisco
Tampa:Mayor Pam Iorio
West Palm Beach:Mayor Lois Frankel
Windermere:Mayor Gary Bruhn
Winter Park:Mayor David C. Strong
The following mayors in Florida have already resigned their MAIG membership due to your grassroots efforts:

Boynton:Mayor Jerry Taylor
Dundee:Mayor Linda Riner-Mizell
Madeira Beach:Mayor Patricia J. Shontz
Key West:Mayor Morgan McPherson
Palm Shores:Mayor Carol McCormack
Tarpon Springs:Mayor Beverly Billiris
Winter Springs:Mayor John F. Bush
September 8, 2009

Jacksonville's Mayor John Peyton Joins Anti-Gun Group

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
August 31, 2009

Florida Man Arrested for Constructive Possession of an SBR

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.

July 9, 2009

Can I Carry an SBR Concealed with a CWP?

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.


June 25, 2009

Florida Friends of NRA

In an effort to support the NRA, the Law Office of David M. Goldman PLLC has donated a NFA Gun Trust to be auctioned off at each of the 13 remaining NRA Fund Raising Banquets in Florida. Please help support the NRA by attending one of these banquets. Contact Laura Watson with questions at 904-348-8020.  

June 18, 2009

Florida NFA Trust Lawyer for Title II Guns and Firearms

We are licensed in Florida and have lawyers and attorneys who provide Florida Gun Trusts in Jacksonville, Miami, Tampa, St. Petersburg, Orlando, Hialeah, Fort Lauderdale, Tallahassee, Cape Coral, Port Saint Lucie and all over Florida. If you are interested in information on Florida NFA Gun Trusts (or NFA Firearms Trusts in any state ) and how they are different from regular trust email us or call us for more information.

May 27, 2009

Governor Charlie Crist Vetoed Concealed Weapons Trust Fund Raid

This morning, Governor Charlie Crist used his veto pen to veto the $6 Million raid on the Concealed Weapons and Firearms Licensing Trust Fund sweep put in the budget by the legislature.

Governor Crist deserves our profound appreciation for his veto.

The legislature intended to take $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program.  That would have been a DEFACTO TAX ON GUN OWNERS.

Please Call, Fax, or Email Governor Charlie Crist and thank him for the VETO OF THE SECOND AMENDMENT TAX created by the intended sweep of $6 Million from the Division of Licensing Trust Fund.

Phone number: (850) 488-4441 or (850) 488-7146
Fax number:  (850) 487-0801

Send your email to the Governor at this address:

Charlie.Crist@MyFlorida.com
May 22, 2009

BATFE seeks to seize NFA firearms from an Invalid Quicken Trust

Joshua Prince alerted me to a blog post on a developing situation he ran across on Subguns where an individual used Quicken to attempt to create a trust for NFA purposes.  Unfortunately the BATFE has now decided that his Quicken trust was invalid and is seeking to seize his MAC-11 and Silencer.  He could also be subject to a prison sentence of 10 years and $250,000 in fines.

This is a very unfortunate situation that could cost the individual severely. Its important to remember that just because the ATF approves your transfer, it does not mean that you are legally in possession.  This is the second situation involving invalid trusts and the ATF that we have seen this month. It looks like the ATF is beginning to look more closely at the trust documents they are receiving.

If you created a trust for NFA purchases in Quicken, Legal Zoom, or used another generic trust that was not reviewed before by a lawyer before submitting it to the BATFE, you should contact a NFA trust attorney to review your trust for validity.  If you need help finding a local NFA Trust Lawyer we can help.  We work with attorneys in more than 40 states including Florida Gun Trust Lawyer®s and South Carolina NFA lawyers to help review and create valid NFA trusts.

Note: At this time the link to the subguns has been taken down because of questions.  We believe this posting is authentic based upon correspondence with the individual but will update this post as the situation and our agreement with the individual (if any) allows.


Note: We have verified that the claims by the individual are true and they have been resolved by a Gun Trust Lawyer® (see the May 26th posting for more details).

May 12, 2009

Florida Legislators Attempt to Raid CCW Trust Fund

The Florida Legislature is attempting to raid the concealed weapons and firearms licensing trust fund.  This will effect resident and non-resident CCW license holders!

the NRA is asking that you contact Governor Charlie Christ by phone, fax or email to ask him to veto Conference Report SB-2600.  Section 59 is what authorizes the sweep of 75% of the trust funds for other purposes.

Phone number: (850) 488-4441 or (850) 488-7146
Fax number:  (850) 487-0801

Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
May 4, 2009

Can a Felon Possess a Firearm in Florida?

antiquefirearm250x186-495.jpgAt first glance, Florida has a funny quirk with the way firearms are defined that allows a Felon to possess certain firearms that are not defined as firearms under Florida law.  Upon further investigation, the federal law also exempts antique firearms from the definition of a firearm.  I was recently asked if a convicted felon could possess a black powder gun for hunting in the state of Florida. The answer to this question depends on the gun itself. 

Florida Statutes 790.001(6) defines a Firearm as as any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Florida Statutes 790.001(1) defines an Antique Firearm as any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
So it would appear that a Felon could own certain black powder guns in Florida as long as the firearm was not used in the commission of a crime.  There has even been some case law dealing with black powder firearms owned by a felon.

In 2005, Florida's 5th DCA, affirmed the lower courts ruling that David Bostic, a convicted felon, had violated the law by being in possession of a firearm.  Bostic had claimed that his black powder firearm was an antique firearm and thus exempt from the restrictions place upon him.  The court agreed that he was able to own an antique firearm but disagreed that his firearm was an antique.  The court stated that Florida case law defines replica as a reasonably exact reproduction of the object involved that, when viewed causes the person to see substantially the same object as the original. The DCA found that Bostic's gun was not a replica because the original did not have a fiber optic sight that was present on his gun.  The court also stated that merely having an ignition system similar to that found on an antique firearm is not sufficient to render a firearm a "replica" of a firearm manufactured in or before 1918.

In Williams, the Florida Supreme Court in dicta dealing with the concealment of an antique firearms states that the result of such an interpretation to allow convicted felons to be in possession of antique firearms is absurd.  And that a basic tenet of statutory construction is to not yield an absurd result.

While these two cases seem to contradict each other, both courts find a reason to deny the felon possession of an antique firearm.  There are no cases which state approve the possession of an antique firearm by a felon.

This topic was also covered on the Jacksonville Criminal Defense Lawyer Blog by Florida Criminal Lawyer
March 17, 2009

How to Explain a Gun Trust to Family or Friends who are not Pro Firearms Rights

Father-swinging-baby.jpgRecently my wife was in New York visiting some family when they attempted to convince her that I, her husband, was helping criminals avoid background checks and arming them with machine guns, assault weapons, and other "illegal" firearms.  Additionally, the opined that my NFA Gun Trust Lawyer® website was a radical Gun Rights forum. 

While I would not find this hard to believe coming from people who live in the Northeast, I did find it hard to believe from transplanted New Yorkers who live in Texas and been surrounded by individual gun owners and guns being a part of the culture.  In trying to explain what I do to some family members including my wife, I found that there were some basic misunderstandings of the process, and the state of the interpretation of the 2nd Amendment of the Constitution as the Supreme Court interpreted it last year.  I decided that this would be valuable for many of my clients who are often dealing with similar issues.  Many people have family members or friends who are uneducated on the current status and interpretation of the Second Amendment.  As a result many people feel that there is an interpretation issue surrounding what the Second Amendment means.  While the Supreme court in a divided court found in favor of the individuals right to own a firearm, they unanimously found that the Second Amendment applied to an individuals right to keep and bear arms and not to that of a state.   We are at a time in history, when many of our rights involved in gun ownership are at risk.  Even though our current administration states that they support the Second Amendment, the do not support it as it has recently been interpreted and have an agenda posted on their website under urban plans to ban assault weapons.  They are currently trying to define an assault weapon as any firearm that have a removable cartridge.

statue_of_liberty.jpgWhile some people are not "pro-firearms," they still may believe in the ability for others to exercise their 2nd amendment right if they so choose.  This is similar to people that are "pro-choice" on abortion issues, but do not impose their beliefs on others. In the United States, women have the right to choose (within limitations) and Americans have the right to own firearms (within limitations), without unnecessary burdens or restrictions from the State government.  Whether or not you choose to possess the firearm is a decision that should be up to you just as other individual rights that are guaranteed to us in the US constitution.  

A person cannot purchase a machine gun without a background check just by using my trust.  The Gun or Firearms Trust merely prevents the local CLEO (Chief Law Enforcement Officer) from arbitrarily denying fully qualified individuals the ability to exercise their constitutional right to purchase a firearm.  A NFA or Gun trust does not make it easier for a criminal to purchase a firearm because criminals do not purchase legal machine guns, silencers, and SBR's because of the ease in which these items can be tracked back to the purchaser.

A person that intends to commit a crime with an firearm does not pay $20,000 - $250,000 for a legal machine gun and notify ATF of this purchase.  If a person wants to commit a crime with a machine gun, he or she is more likely to purchase it illegally on the street, without paperwork, and for a fraction of the price (around $1200).


funeral.jpg

Besides allowing individuals to protect their right to purchase firearms, my trust provides protections for the families and friends of gun owners that are not available with individual ownership.  Through the traditional purchase route, many individuals would be at risk of criminal activity and prosecution for permitting a friend, spouse, parent, or child use or have access to the items.  In addition, individual ownership does not deal with important issues, such as incapacity or death of the firearm owner.  Likewise, a gun trust addresses the transfer of these firearms to heirs that may not be eligible to receive them, such as children or people living in a state where Title II firearms are not permitted.  As a Gun Trust Lawyer®, I have seen many individuals that were forming corporations, trusts, and LLCs that were generic in nature and did not address their needs.  Due to these errors, they placed their families, friends, and children at unnecessary risk.  A risk that can be avoided with a adequate NFA gun trust.

In 1934, the government enacted the National Firearms Act as an effort to stop the gangster activity.  In particular, the government used its taxing arm to arrest them for being in possession of improperly registered or transferred weapons.  Since then, there has only been one illegal use of a legal machine gun for criminal activity, which was committed by a police officer.

I believe that Americans should be proud to exercise their rights to own firearms and help others understand the flaws in their logic.  Remember Guns don't kill people, criminals kill people.  If you look at most firearm legislation, it only seeks to restrict lawful ownership of firearms.  It does not offer an answer to the question, "how to keep guns out of the hands of criminals," which should be the focus of any gun control.

February 24, 2009

Florida Can't Keep Up With Concealed-Carry Requests

Florida is buried under a backlog of 95,000 applications for concealed-carry permits, and it needs to hire a lot more people to handle the paperwork, reports the Miami Herald. Floridians in record numbers want to carry concealed firearms, a trend linked to a surge in crime, economic anxiety and fears of stricter gun laws, says the paper, and a legislative panel has given the state's agricultural commissioner permission to spend $3.9 million more to hire 61 temporary workers.