US Court of Appeals finds Denial of Gun Rights for Non-Violent Felons Unconstitutional June 6, 2023 marks another major win for supporters of the Second Amendment as the United States Court of Appeals for the Third Circuit found that the U.S. government cannot constitutionally ban those convicted of non-violent felonies from possessing guns. The case, Range v. Attorney General United States of America; Regina Lombardo, comes as one of many recent decisions upholding the importance of the Second Amendment and the constitutional right to keep and bear arms. The court found in an 11-4 decision re ..read more

Noncitizens and the Right to Possess Firearms Federal law prohibits the possession of a firearm or ammunition by a person who is not a citizen or national of the United States and who is unlawfully in the U.S. or who has been admitted to the U.S. under a nonimmigrant visa.  There are exceptions for nonimmigrant visa holders who are:  1. Admitted to the U.S. for lawful hunting or sporting purposes or for persons in possession of a hunting license lawfully issued in the U.S.; 2. Certain government officials; 3. Certain law enforcement officers entering the U.S. on official law enforcem ..read more

The Second Amendment is not a second class right. The Supreme Court announced that in the landmark Bruen decision (Read our blog on Bruen) and now a federal judge in Texas has applied this pronouncement in another gun case. On, September 19, 2021, a federal judge in Texas ruled that based on the recent U.S. Supreme Court decision in New York State Rifle and Pistol Association v. Bruen, that 18 U.S.C. §922(n) is unconstitutional. The Facts: Here is a brief breakdown of the facts in the case from yesterday’s ruling. The Defendant, Jose Quiroz, while under a felony indictment for burglary attempt ..read more

ATF’s Amnesty Period As many of you are already aware the ATF and the Biden Administration have their sights set on the very popular Pistol Brace Stabilizer. It is estimated that between 20 to 40 million people own a pistol brace.  The Pistol Brace Stabilizer was created to help those with disabilities obtain better accuracy when firing a pistol and until now, the ATF has said they are legal. In fact, ATF issued a letter back in 2014 stating they have determined that the Sig Stability Brace was not a shoulder stock and using it to fire a pistol from the shoulder does not cause the pistol ..read more

In Florida, judges have authority pursuant to Florida Statute § 948.01 to “withhold adjudication” of guilt, even in most felony cases, and place the offender on probation. “If the defendant successfully completes his probation, he is not a convicted person but if the probation is violated the court may then adjudicate and sentence.” United States v. Thompson, 756 F. Supp. 1492, 1495 (N.D. Fla. 1991) citing Thomas v. State, 356 So. 2d 846, 847 (Fla. 4th DCA 1978).  Once the probationary period is over, the withhold of adjudication becomes permanent and the court no longer has jurisdiction ..read more

Trigger modifications of all sorts may be illegal under Florida law. On October 7, 2018, we wrote our first article about Florida’s then upcoming Bump Stock law. Click here to read that article. In it, we wrote that the new law seemed to apply to: Traditional Bump Stocks Crank fire devices Binary triggers and many more commercially available conversion kits or devices. For years since Florida passed our Bump-Fire Stock law, we have been repeatedly asked about various firearm accessories and trigger modifications and whether or not they are legal under Florida law. Our answer has repeatedl ..read more

ATF Rule 2021R-05 and Ghost Guns                ATF’s new rule targeting “ghost guns” as Privately Manufactured Firearms (PMFs) went into effect on August 24th, 2022. A ghost gun is a homemade firearm that does not have a serial number. The new rule refers to these as Privately Manufactured Firearms, and defines them as ““[a] firearm, including a frame or receiver, completed, assembled, or otherwise produced by a person other than a licensed manufacturer, and without a serial number placed by a licensed manufacturer at the t ..read more

With the holiday season underway, it is important to know the law if you will be flying with a firearm and/or ammunition.  All Firearms MUST Be In Your Checked Baggage All firearms MUST be in your checked baggage.  Firearms are not permitted in any carry-on baggage. You cannot bring a firearm, even unloaded on to a plane with you.  Further, firearm parts, including magazines, clips, bolts and firing pins, may be transported in checked baggage only. Replica firearms, including firearm replicas that are toys, may be transported in checked baggage only. Occ ..read more

With the new school year already underway in Florida, our children are learning in entirely new ways including virtual learning options.  Due to the Covid-19 outbreak, educational institutions and public-school districts have devised new, hopefully safe, and effective ways to educate Florida’s students.  In person education is still around, but statewide, less than 50% of students are actually sitting in a classroom with a teacher in front of them learning in the old, traditional manner.  The need to social distance has led to far greater enrollment in Florida’s Virtual School s ..read more

Protection by the Castle Doctrine Outside of the Home According to an article by Click Orlando, the police in Lakeland, Florida recently arrested a man accused of entering a homeowner’s property without permission. The suspect was seen by the homeowners at the front door. The man shortly thereafter walked around to the back of the home, where he entered the screened back patio and got in the pool. The homeowner grabbed an unloaded gun and a machete and confronted the suspect. The suspect laughed and tried to open doors to the home. Eventually, the police were called and placed the intruder und ..read more