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FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents

WARRANTIES & DISCLAIMER: ACKNOWLEDGMENTS: FORWARD INTRODUCTION CHAPTER ONE: THE RIGHT TO BEAR ARMS AND CONSTITUTIONAL ASPECTS: THE BILL OF RIGHTS THE SECOND AMENDMENT A WELL REGULATED MILITIA: THE RIGHT TO KEEP AND BEAR ARMS: McDONALD v. CITY OF CHICAGO: A WARNING ABOUT CONSTITUTIONAL INTERPRETATION: FLORIDA'S RIGHT TO KEEP AND BEAR ARMS: Florida Constitution, Article I, Section 8: PREEMPTION LAW: STATISTICAL DATA ON USE OF FIREARMS: THE EXTENSION OF THE POWERS OF CONGRESS: A BRIEF LESSON IN CONSTITUTIONAL LAW WAITING PERIODS ON FIREARMS SALES: CHAPTER TWO: QUALIFICATIONS FOR PURCHASING, OR POSSESSION OF FIREARMS: DEFINITION OF A "FIREARM": ANTIQUE FIREARMS -- AND OTHER EXCEPTIONS: OTHER EXCLUDED DEVICES: AGE ON PURCHASES FROM A FIREARMS DEALER: JUVENILE FELONY OFFENDER: AGE FOR NON-DEALER PURCHASE: PURCHASES UNDER 18 YEARS OLD WITH PERMISSION: PURCHASES DISALLOWED, EVEN WITH PERMISSION: USE DISALLOWED EXCEPT UNDER ADULT SUPERVISION:

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FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents YOUTH HANDGUN SAFETY AMENDMENT: SOME QUESTIONS ABOUT AGE: RESIDENCE, LOANS, RENTALS & BEQUESTS: OUT-OF-STATE PURCHASE BY NON-FFL: DUAL RESIDENCE: PURCHASE BY ALIENS: LEGAL DISABILITIES PREVENTING PURCHASE: FLORIDA DOMESTIC VIOLENCE INJUNCTIONS: SOME DOMESTIC VIOLENCE ISSUES: CHART ­ FEDERAL MISDEMEANOR CRIME OF DOMESTIC VIOLENCE: PURCHASE FROM A PRIVATE INDIVIDUAL: PURCHASE FROM A LICENSED FIREARMS DEALER: FLORIDA FIREARMS PURCHASE PROGRAM: ARREST FOR "DANGEROUS" CRIME: CHART OF ARRESTS PREVENTING FDLE APPROVAL: WARNING ABOUT DOMESTIC VIOLENCE CRIMES: STATE DISABILITIES RECOGNIZED BY FEDERAL LAW: PERSON ON FLORIDA PROBATION: DENIAL FOR FELONY RECORD: THREE YEAR WAITING PERIOD WAITING PERIOD FOR HANDGUN PURCHASES: CHART OF PERMITTED/NON-PERMITTED SALES: CHAPTER THREE: WHAT TO DO AFTER THEY TURN YOU DOWN: THE APPROVAL (OR DISAPPROVAL) PROCESS: IDENTIFICATION NEEDED TO PURCHASE: THE COMPUTER CHECK BY FDLE: HOW THE FDLE CALL-IN SYSTEM OPERATES: WHAT HAPPENS IF THE COMPUTERS ARE DOWN: PROBLEMS WITH MIS-IDENTIFICATION: 23 23 25 26 27 28 29 33 33 34 35 36 37 37 38 38 39 39 40 41 41 43 45 45 46 46 46 47 8

FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents APPROVAL, OR NON-APPROVAL NUMBERS FROM FDLE: APPEAL PROCEDURE & CRIMINAL HISTORY REVIEW: A QUICK HINT: THE BRADY ACT & NICS: CHAPTER FOUR: REMOVAL OF LEGAL DISABILITIES: EXECUTIVE CLEMENCY: EXPLANATION OF FORMS OF EXECUTIVE CLEMENCY: WAIVER: RE-APPLICATION: CHART ON EXECUTIVE CLEMENCY APPLICATION: SOME LIMITATIONS ON PARDON POWER: FEDERAL RESTORATION OF CIVIL RIGHTS: RESTORATIONS FROM MENTAL COMMITMENTS: EXPUNCTIONS & SEALINGS IN FLORIDA: EXCEPTIONS TO EXPUNCTION PRIVACY: FEDERAL & OUT-OF-STATE CONVICTIONS: PROHIBITED EXPUNCTIONS: RAP SHEETS, & DATABASE CORRECTIONS: APPEALING A FIREARM PURCHASE DENIAL: VOLUNTARY APPEAL FILE: CHAPTER FIVE: FLORIDA CONCEALED WEAPONS PERMIT: WEAPONS COVERED BY LICENSE: QUALIFICATIONS FOR THE CONCEALED PERMIT: COMPLETING THE APPLICATION PROCESS: RECIPROCITY: PROHIBITED PLACES WITH CONCEALED PERMIT: PROHIBITED AREAS - STUN GUNS & CHEMICAL SPRAYS: LICENSE VIOLATIONS: LOST LICENSES, OR CHANGE OF ADDRESS: SUSPENSION OR REVOCATION OF YOUR PERMIT: REVOCATION DUE TO PROBATION: 48 49 50 50 53 53 54 56 57 57 57 57 58 59 60 60 61 61 62 64 65 66 66 71 72 73 77 78 79 80 82

FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents HOW YOU CAN CARRY CONCEALED: DEALING WITH POLICE OFFICERS: WHY CONCEALED PERMITS ARE THE BEST: CONCEALED WEAPONS BADGES: MOMENTARILY UNCONCEALED ­ "PRINTING": CHART ON LICENSE SUSPENSION/REVOCATION: CHAPTER SIX: TRANSPORTATION AND CARRYING OF WEAPONS, AND FIREARMS: SUMMARY OF WHERE HANDGUN CAN BE KEPT IN VEHICLE: CHART OF WHAT IS "SECURELY ENCASED": THE LEGAL CARRYING OF FIREARMS -- LISTED: CHART OF EXEMPTIONS UNDER F.S. 790.25: LEGAL CARRYING IN AUTOMOBILES & PRIVATE VEHICLES: SECURELY ENCASED READILY ACCESSIBLE FOR IMMEDIATE USE UNCONCEALED SHOTGUNS AND RIFLES: THE WAY IT USED TO BE - INTER-STATE TRANSPORTATION OF FIREARMS: SPECIAL PROBLEM WITH NEW YORK CITY AREA: PRIVATE BOATS: THE BAHAMAS & FOREIGN PORTS: WEAPONS IN AIRPORTS, AND COMMERCIAL AIRCRAFT: PRIVATE AIRCRAFT: TRAINS, BUSES, AND OTHER PUBLIC TRANSPORTATION: AMTRAK PASSENGERS: COMMERCIAL DRIVERS: CARRYING IN YOUR HOME OR BUSINESS: PROBLEMS WITH CONDO'S & APARTMENTS: WHEN YOU STILL CAN'T HAVE IT: SCHOOLS, COLLEGES, UNIVERSITIES: 82 83 83 84 84 85 87 87 88 88 89 90 91 97 97 99 100 102 103 103 107 107 108 109 109 111 113 113

FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents CHURCH & OTHER RELIGIOUS INSTITUTIONS: NATIONAL FORESTS: NATIONAL PARKS & WILDLIFE REFUGES: STATE FORESTS & PARKS: MAILING & SENDING FIREARMS: LEGAL WAYS TO SHIP TO NON-LICENSEES: INDIAN RESERVATIONS: SEAPORT RESTRICTED ZONES: HOSPITALS & MENTAL FACITILIES: PARKING LOT LAW: CHAPTER SEVEN: COMMON WEAPONS VIOLATIONS: CARRYING CONCEALED WEAPONS AND FIREARMS: COMMON POCKETKNIVES: ELECTRIC , TASER & CHEMICAL WEAPONS: OPEN CARRYING OF WEAPONS OTHER THAN FIREARMS: IMPROPER EXHIBITION OF FIREARMS & WEAPONS: DISCHARGING FIREARMS IN PUBLIC: DISCHARGING MACHINE GUNS: MACHINE GUNS, UNDERSIZED FIREARMS, AND OTHER NFA WEAPONS: "ANY OTHER WEAPON": PEN GUNS & PISTOLS: WALLET GUN: SILENCERS: CHART ON LEGAL GUN & BARREL LENGTH: USING A FIREARM WHILE UNDER THE INFLUENCE: SHOOTING AT VEHICLES, VESSELS & STRUCTURES: SELF-PROPELLED KNIVES: POSSESSION BY CONVICTED FELON: AMMUNITION & PROHIBITED PERSONS: CONSTRUCTIVE POSSESSION ­ ADDITIONAL 113 114 114 115 116 117 119 119 120 120 123 123 124 126 128 129 132 133 133 135 136 137 139 139 140 141 141 141 142 144

FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents EXPLANATION: FIREARMS INVOLVED IN THE COMMISSION OF A FELONY: USE OF BULLETPROOF VESTS: ARMOR PIERCING OR SPECIALITY AMMUNITION: ALTERED OR REMOVED SERIAL NUMBERS: DESTRUCTIVE DEVICES: SWITCHBLADE KNIFE: ASSAULT WEAPONS: USE OF BANGSTICKS ARMED TRESPASS: LICENSED PRIVATE SECURITY GUARDS PERMITTED FIREARMS FOR "G" LICENSEE: PROHIBITED AMMO FOR SECURITY GUARDS: DECLARED EMERGENCIES: LASERS: CHAPTER EIGHT: LAWS CONCERNING CHILDREN: LAWFUL AGE TO POSSESS FIREARMS OR AMMUNITION: FLORIDA LAWS PERTAINING TO MINORS CHART OF PENALTIES FOR CHILD VIOLATIONS: OTHER PENALTIES: STORAGE OF LOADED FIREARMS: CIVIL LIABILITY IF THE KIDS GET TO IT: GUN FREE SCHOOL ZONES ACT -- PART TWO: FLORIDA SCHOOL ZONE LAWS: EXCEPTIONS ­ WHICH ALLOW POSSESSION: CHURCH SCHOOLS: PRIVATE SCHOOLS: TRAINING CHILDREN TO BE SAFE SCHOOL TRESPASS WITH A FIREARM: CHART RELATED TO POSSESSION NEAR SCHOOL: CHAPTER NINE: DEALERS, FFL's & INSTRUCTORS: 145 146 146 148 149 150 151 152 153 154 155 155 155 156 159 159 161 162 163 166 167 169 170 171 175 175 176 177 178 179

FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents WHO MUST SECURE A FEDERAL LICENSE: WHAT DOES THE LICENSE COVER: CONFUSION WITH CORPORATE OWNERSHIP: LICENSED COLLECTORS: OBTAINING THE FFL: DENIAL OF APPLICATION: PROCEDURE ON REVOCATION OF FFL: ADMINISTRATIVE REVIEW OF RECORDS AND INVENTORY: SALE OF FIREARMS/AMMUNITION TO LEGAL ALIENS: NON-IMMIGRANT ALIENS: PROOF OF RESIDENCY: PERMANENT BRADY LAW PROVISIONS SALES OR DISPOSITIONS FROM PERSONAL COLLECTION: MULTIPLE HANDGUN SALES TO SINGLE INDIVIDUAL: LOST, MISPLACED, OR STOLEN FIREARMS ANTIQUE FIREARMS: PAWNBROKERS: SECONDHAND DEALERS: SELLING TO PERSONS WITH OBVIOUS IMPAIRMENTS: SELLING TO KIDS: SALE OF AMMUNITION TO MINOR CHART - DEALER PERMITTED WEAPON SALES TO MINOR: REQUIRED FLORIDA WARNING NOTICES UPON SALE: REQUIRED FEDERAL WARNINGS : STUFF YOU GOTTA SELL: STUFF YOU JUST CAN'T SELL IN FLORIDA: SELF-PROPELLED, BALLISTIC, OR "SPRING" KNIVES GUN SHOWS: RELOADING AS A BUSINESS: FIREARM INSTRUCTORS: FFL OPERATING OUT OF HOME: 179 180 183 183 184 184 185 186 187 187 188 189 189 190 191 191 192 193 193 194 195 196 196 197 197 198 199 199 200 200 201

FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents ABBREVIATIONS & BOUND BOOK: RESPONSIBLE PERSON: SALE OF UNFINISHED RECEIVERS: SHOOTING RANGE PROTECTION: CHAPTER TEN: MISCELLANEOUS PROVISIONS: THE ASSAULT WEAPONS BAN: MODIFICATIONS TO ASSAULT RIFLES: LAW ENFORCEMENT OFFICERS SAFETY ACT: GETTING A SEIZED FIREARM BACK: NFA TRUSTS: FREE UPDATING SERVICE & BOOK REVISIONS: MY BLOG: WEBSITE AND E-MAIL QUESTIONS: ENDNOTE SECTION: LIST OF PRO-SECOND AMENDMENT ORGANIZATIONS: CHAPTER ELEVEN: SELF DEFENSE, AND THE LAWFUL USE OF FORCE: FORCIBLE FELONY DEADLY WEAPON: MARTIAL ARTS CONSIDERATIONS: IMMINENT: REASONABLE BELIEF ("reasonably believes"): DEADLY FORCE: JUSTIFIABLE USE OF FORCE -- NON-DEADLY FORCE: BREACH OF THE PEACE CITIZEN'S ARREST EXAMPLES OF NON-DEADLY FORCE: JUSTIFIABLE USE OF DEADLY FORCE: EXCESSIVE FORCE: HISTORIC BASIS OF THE USE OF FORCE: NEW "STAND YOUR GROUND" LAW: 202 202 203 203 205 205 . . 207 211 215 216 216 217 217 218 218 219 221 222 222 223 223 225 226 227 227 229 232 233 234 234

FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents CHANGES TO 776.012: CHART ­ ELEMENTS OF F.S. 776.012 HOME PROTECTION UNDER F.S. 776.013: NEW DEFINITIONS IN 776.013: HOW DOES SECTION, 776.013, WORK? CHART ­ PREDICATES OF F.S 776.013(1): IMMUNITY AND 776.013: EXCEPTIONS TO THE PRESUMPTIONS IN 776.013: DUTY TO RETREAT UNDER THE NEW LAW PLACES WHERE YOU SHOULD HAVE "A RIGHT TO BE": QUALIFIERS TO C. 776 & THOUGHTS ON DEADLY WEAPONS: WHAT WILL HAPPEN TO THE BURDEN OF PROOF: BUSINESS & NON-OWNED PREMISES: DEADLY FORCE -- USE TO PREVENT ESCAPE: LESS THAN LETHAL AMMUNITION: USE OF FORCE BY LAW ENFORCEMENT: TRAP & SPRING GUNS: CRIMES & PENALTIES FOR USING EXCESSIVE FORCE: MANSLAUGHTER: AGGRAVATED ASSAULT: ROAD RAGE PROBLEMS WITH AGGRAVATEDASSAULT: A NEEDED SELF-DEFENSE STATUTE: EXCUSABLE HOMICIDE: DEFENSES TO CIVIL LIABILITY: OTHER CIVIL PROBLEMS -- INSURANCE: DAMAGE CAUSED BY YOUR KIDS: A SUMMARY ON THE USE & DISPLAY OF WEAPONS: SELF-DEFENSE EXAMPLES ­ GOOD & BAD: Situation Number One -- Typical Road Rage: Situation Number Two -- "What's that gonna do >against this?": Situation Number Three -- "Get the hell off my property": 236 237 237 238 239 240 240 242 244 246 248 248 249 249 251 251 252 252 253 254 256 258 259 261 262 263 263 266 266 67 267

FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents Situation Number Four -- South Florida Armed and Ready: A SUMMARY ON SELF-DEFENSE LAW: WHAT TO DO AFTER THE POLICE ARRIVE GOOD COP ­ BAD COP: WHEN GIVING DETAILS MIGHT HELP: HIRING AN ATTORNEY: 911 ­ USE IT, AND GET YOUR OWN COPIES: CELLULAR PHONES -- YOUR BEST DEFENSE: OTHER THINGS YOU SHOULD DO: GETTING STOPPED BY THE POLICE: USE OF FORCE AGAINST ANIMALS: NANOSECONDS TO REACT: Heynard v. State, 689 So. 2d 239 (Fla. 1996): James v. State, 695 So. 2d 1229 (Fla. 1997): Campbell v. State, 679 So.2d 720 (Fla. 1996): MANDATORY SENTENCES FOR FIREARM OFFENSES: CHART OF MANDATORY FIREARM SENTENCES: FIRING A WARNING SHOT: THE AFTERMATH OF MANDATORY SENTENCING: MORE EXAMPLES & JURY PARDONS: A NEEDED CONSTITUTIONAL AMENDMENT: CHAPTER TWELVE: SCENARIOS & COMMENTS ON SELF DEFENSE: CAR OR BOAT BREAK-IN: BURGLARY OF CARPORT OR OTHER STRUCTURE: HOME INVASION - BURGLARY OF RESIDENCE: TRESPASS TO PROPERTY: ASSAULTS ON YOUR PERSON: ROBBERY & ATTEMPTED ROBBERY: DISCREET DISPLAY: DISPLAY IN OTHER SITUATIONS: 268 269 270 271 272 272 273 274 275 276 277 280 281 282 283 285 286 286 287 288 290 291 291 293 294 295 295 297 297 298

FLORIDA FIREARMS Law, Use & Ownership Seventh Edition By: Jon H. Gutmacher, Esq. Table of Contents USE OF HOLLOW POINT AMMUNITION: REASONS AGAINST MISDEMEANOR DISPLAY: CASES ON DISPLAY OF FIREARM: ONE OTHER COMMENT: WOMEN: TAKING THE CONCEPT FURTHER: IF YOU REALLY LIKED THIS BOOK CONCLUSION ENDNOTES INDEX: ABOUT THE AUTHOR: 299 300 302 307 307 308 310 311 313 341 back inside cover

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