NFA Gun Trust Lawyer Blog

In Florida, it is not legal to use a Machine Gun or Silencer when hunting.  For more information see the 2008-2009 Florida hunting Regulations handbook which is available on the MyFWC.com/Hunting web page

Walt Disney revised its employee gun policy according to the Associated Press. With the change, Employee's with a concealed-weapons permit will be allowed to be kept in the employee's car on facilities outside the Resort area.   The AP reported that a spokesman for the Attorney General stated that Disney's new Firearms Policy complies with the state law.

Previously Disney claimed that their entire organization was exempt from the new law.

Florida Employers have to let employees keep guns in their cars if they have a concealed weapons permit. But, businesses can still have a no gun policy for customers for now.

U.S. District Judge Robert L. Hinkle  states that there is no second amendment right to bring your gun to someones property and  that customers would have the same right as employees under the new legislation but for the working of the statute which may be fixed later.

The law defines employer as a business with employees who own guns.

A client of mine recently brought to my attention the fact that there is an exception in Florida Statute 706.06 for Machine Guns as defined in Florida Statute 790.01(9). 
790.06(1) states that:

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).

So next time your traveling with a machine gun in Florida, make sure its not concealed.

Panama City News has reported that A spokeswoman for Attorney General Bill McCollum has said that individuals can file complaints with the Attorney General's office if their right to have a firearm, locked in their privately owned vehicle in a parking lot, for self-protection and other lawful purposes is being violated by a business.
 
To file a complaint,  contact the Florida Attorney General's office by:

phone at 866-966-7226;
Online Contact page of the Attorney General; or
email at ag.mccollum@myfloridalegal.com.

"Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008" that creates an exception for companies whose primary business is to manufacture, use, store or transport explosives regulated under federal law.

According to the Sun Sentinal, Peaden the sponsor of the bill "Intended it to exempt places like defense plants, Air Force bases, things like that,"  "But not Disney. Not at all."

But on the same day that the House took its final vote on the gun bill, the exemption for explosives companies was revised so that it also includes "property owned or leased by an employer who has obtained a permit" under federal law for such explosives.

Disney has such a permit, for the extensive fireworks used in its theme parks.

It appears that Disney's letter to employees is not an attempt to violate the law, but they were able to get an exemption from the law as they state.

Disney is warning its employees that they will be terminated if they leave guns in their car.  This appears to be in violation of the new law.   Below is a copy of a memo that is being sent to their employees.  The NFA and numerous sources have reported receiving the same memo.

Continue reading "Disney's Attempt to violate New Florida Guns-at-Work law" »

To download a copy of the new Florida Law - Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of (2008)
Guns-at-work-law-florida.pdf

Florida is one of the many states that offers reciprocity for people with Concealed Weapons Permits (CWP) from other states.

Florida does require that for w concealed carry permit to be valid in Florida it must have been issued to a resident of the state where it was issued.  There only a few states that have this requirement.  They are Colorado, Kansas, South Carolina, Michigan, West Virgina, and New Hampshire.  Notably all of those states except South Carolina honer a Florida Concealed Weapons Permit.

A Florida Concealed weapons permit is valid in the following states:
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico,  North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah,  Vermont, Virginia, West Virginia, Wisconsin, Wyoming

A Florida Concealed weapons permit is NOT valid in the following states:
California, Connecticut, District of Columbia, Hawaii, Illinois, Iowa, Maine, Massachusetts, Maryland, Minnesota, Nebraska, New York, New Jersey, Oregon, Rhode Island, Washington,American Samoa, Guam, N. Mariana Islands, Puerto Rico, Virgin Islands

For the most up to date information, an individual should check the Attorney General's website. Follow the following links for a map of US reciprocity agreements, a Map of Florida Reciprocity agreements.

What happens when Grandpa needs to go to a nursing home but he owns a Class 3 Firearm?
A Machine gun is a valuable asset and as such can create a problem with eligibility for nursing home care.  Many veterans were allowed to keep captured machine guns and they want to pass them down to their children or grandchildren.  If that grandparent needs nursing home coverage and they are not married, many states will limit their non-exempt assets to $2000.

Today as machine guns continue to increase in value this can cause a problem for qualifying for Medicaid coverage. 

One solution is to sell the machine gun and put the cash into an exempt asset or use it before applying for coverage.  When the machine gun is wanted to be kept in the family, it is possible to trade it for an exempt asset like a vehicle.

The Class 3 firearm should not be given to a family member, even with proper transfer documentation, because it will be considered a gift and create a period of ineligibility.  For more information on Florida Medicaid Asset Tests or Florida Medicaid planning you should Contact a Florida Estate Planning Lawyer or a Gun Trust Lawyer who is familiar with Medicaid eligibility.

This blog is dedicated to providing information to help residents of every state understand the current laws and regulations related to the purchase, sale, possession, and transportation of Guns and other weapons regulated by the NFA. In addition, we will attempt to put you in contact with a lawyer in your state who can help in the purchase, manufacture, possession, or transfer of Silencer, Short-Barreled Rifle, Short Barreled Shotgun, Machine Gun, Destructive Device, or Any Other Weapon regulated by the NFA.

If you are a lawyer in and interested in helping clients in your state preserve their rights to purchase class 3 items please contact us.

If you are interested in a NFA Trust to purchase Class 3 items and would like to find someone to help in the preparation of a Gun Trust you should contact a NFA Gun Trust Lawyer.

There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Florida you can own the following items that are regulated the the National Firearms Act

Machine Guns
Silencers
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)

In Florida you cannot own the following NFA restricted items.

None

Follow this link to find out more about Florida and NFA restrictions on Class 3 Firearms