An updated version of the 9th edition of the Florida Firearms -- Law, Use & Ownership, gun law book was just released in June 2021.  The book makes important changes to the 2021 legislative session,  modifications to the section on security guards, modifications to the section on US Corps of Engineers controlled land/waterways, and changes throughout the book including an updating of the index.  It should be noted that the sections in Chapters Six and Eight on the newly passed HB 259 do not take effect until July 1, 2021, due to inaction by the Governor.  Thus,&nb ..read more

 Self Defense In Florida Does Not Necessarily Stop When the Culprit Flees: copyright 2020 by jon gutmacher There have been some unusual, and very important appellate cases involving Florida self defense issues so far this 2020.   The one I’d like to write about now is Bouie v. State, 45 Fla. L.Weekly D415 (Fla. 2DCA  2/26/2020).  The facts, developed at a “Stand Your Ground” pre-trial hearing were:   Bouie’s brother and pregnant girlfriend were in their vehicle, when another car began following them.  The driver was Mr. Favors, an individual who the bro ..read more

Can you wear a Covid mask & carry a firearm in Florida? copyright 2020 by jon gutmacher OK,  you’ve made the grand mistake of going on social media to try to find out if you can carry a firearm with your CWL, and also wear a mask to protect yourself, and others from the Covid virus outbreak.  You apparently missed my Face Book post on the subject,  and are therefore confused as heck because everyone has a different opinion.  That’s because most of them don’t know the law, or even the history of the law.  So first – let me say – it’s totally legal.  Now, let m ..read more

A Quick Analysis of Florida Statute 870.044 – the “Automatic” prohibitions: copyright 2020 by jon gutmacher You’ve all seen the rioting on television.  You’re all worried because you feel the need to have a firearm to protect yourself while driving or out in public,  and some jurisdictions have declared “a state of emergency” because of the rioting.  What are your options when in these areas, or driving through them??? Well,  first – let’s look at the one giving everybody the most problems.  It’s overbroad, unworkable, and likely unconstitutional as written – but – i ..read more

HB 311 – A VERY DANGEROUS  2020 FLORIDA BILL There is a very dangerous bill in the Florida House of Representatives,  HB 311 – which is very dangerous as it omits all protective language, and makes many reasonable defensive situations a second degree felony.  Let me explain: First,  you need to understand what an “assault” is: 784.011 Assault.— (1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is im ..read more

A Lesson on How Complex the Florida Self Defense Laws Really Are. copyright 2019 by Jon H. Gutmacher, Esq. Too many folks who are not lawyers think reading the statutes gives them an understanding of the law. The problem with that theory is they are not trained in how a statute is legally interpreted, and more so,  they do not understand that unless you are also familiar with the case law – a simple reading of a statute may give you a totally incorrect impression of the law.  Even for a trained attorney,  there are just too many pitfalls – and rarely can an attorney give an instant correct a ..read more

Florida's first "red flag" order (Risk Protection Order) appellate case: by Jon H. Gutmacher, Esq. Davis v. Gilchrist County Sheriff’s Office, 44 Fla. L. Weekly D2407 (Fla. 1DCA 9/25/2019) is the first reported “red flag”  (Risk Protection Order) appellate case in Florida.  The case arose when the Sheriff’s Office sought a RPO against one of its own deputies after he became severely unstable, had a physical incident at the department with his girlfriend and another deputy, and then asked a supervisor for help because he wanted to shoot another deputy “in the face”, and told his supervisor exa ..read more

September 2019 emails: I’ve decided to include some of the email questions I get during the month into a regular series of monthly posts. These are my opinions based on research: Question: Can a 16 year old carry pepper spray (2 oz. “Self defense chemical spray”) to protect herself when walking the dog? Answer: Sure. There is no age limit on 2 oz. or under pepper sprays for self defense. Question: Are The Florida One Stop Workforce Centers Considered Career Centers Under The Law With Respect To Concealed Carry? Answer: No. CWL carry is not prohibited unless they are housed within a school or o ..read more

A free pdf update for the 9th edition thru September 2019 is linked here.  The update does not apply to the 2019-2020 printing of the book, as those updates are already incorporated into the print edition.  https://www.floridafirearmslaw.com/wp-content/uploads/2019/09/Update-Sept-2019-1.pdf ..read more

I'll make this  very simple --  CBD is not prohibited by federal law any more -- only THC.  As long as your CBD product has less than .3% THC in it, you are OK.  Read the label.   Thus,  if you have a medical marijuana card -- you're still legal as long as you're using only CBD.  However,  use a THC product -- and you've just violated federal law,  regardless of what your State says.  (at least, for now) Simple,  huh ..read more