Florida - Gun Trust Lawyer Category Archives — NFA Gun Trust Lawyer Blog Published by Florida Gun Trust Attorneys

September 6, 2017

Evacuation with NFA firearms and Form 20 Approval

Over the past several weeks I have received several inquires regarding evacuation with Machine Guns or other NFA firearms. While I always recommend obtaining Form 20 approvals for all NFA firearms in advance for each state you may travel to in the next year, sometimes this does not happen or could not happen because of timing.

I have good news for those of you who did not obtain Form 20’s in advance and are evacuating because of a named storm, in this case IRMA.

I just got off the phone with ATF who told me to prepare a Form 20 email it to NFAFAX@aft.gov Attn Chuck RE Hurricane IRMA and they will get it and process it ASAP and that while you may not get it back before you evacuate all that is required it to submit it before you evacuate. This only applies to those who are evacuating. for instructions on preparing a form 20 see https://www.GunTrustLawyer.com/form20.html

January 19, 2015

Gun Trusts for those on Probation (even for Driving)

by David M. Goldman

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.

November 21, 2014

Florida becomes 33rd State to Legalize Hunting with Suppressors

by David M. Goldman

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

November 19, 2014

Florida Vote on Hunting with Suppressors this week- Time to Get a Florida Gun Trust

by David M. Goldman

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

June 10, 2014

Florida to Discuss Hunting with Suppressor Next Week

by David M. Goldman

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 Commission’s 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.

June 3, 2014

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

by David M. Goldman

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:

Wildlife Management Areas;

August 16, 2011

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

by David M. Goldman

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:

September 11, 2009

Mayors Against Illegal Gun – 50 Florida Mayors remain members

by David M. Goldman

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

September 8, 2009

Jacksonville’s Mayor John Peyton Joins Anti-Gun Group

by David M. Goldman

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”.

August 31, 2009

Florida Man Arrested for Constructive Possession of an SBR

by David M. Goldman

NFA 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.