Florida Firearms – Law, Use & Ownership – 7th ed.

Update - May 2012
copyright 2012 by jon h. gutmacher

27-28

Due to the federal “Real ID Act” you may not have a drivers license or
identification card from more than one State. Florida has complied per F.S.
322.08(6), and acknowledges the rule (15A-1.005) is superceded by the law.

66

HB463 reduced the age for a CWP for anyone discharged honorably from the
armed forces, or currently serving with the armed forces.

71

HB5601 reduces CWP fees to $70 for issuance, and $60 for renewal beginning
July.

72

reciprocity – Iowa has been added.

84

F.S. 790.053 was amended by SB234, and now allows a CWP holder to “briefly
and openly” display their firearm if not done in “an angry or threatening manner”
unless in necessary self defense. This should put to rest the concerns about
inadvertent “printing”, and brief , but careful display of a concealed firearm. The
rest of the “open carry” law was voted down.

115-116

F.S. 790.33, the preemption law, was revised in HB45, beginning October 1,
2011, to add civil and criminal penalties against any government personnel or
entity that has, or enforces, any rule, regulation, or ordinance related to firearms
or ammunition (not other weapons). Only Florida Statutes may be used. Any
citizen may challenge such, and attorney fees are part of the damages. Local
governments may still pass laws/regs/rules related to firearms and ammo for
employees while on duty, and rules/regs by the FFWCC as to taking of game, and
any shooting ranges they manage.

120-121

F.S. 790.338, created in HB155, requires “medical privacy" to prevent medical
and emergency personnel from inquiring about firearms ownership unless they
have a "good faith" belief it is necessary in treatment, and also prevents an
insurance company from raising rates or denying coverage because of an
insured’s ownership of firearms or ammunition

132

HB463 (2012) unwisely added a provision to F.S. 790.15 making it a first degree
misdemeanor to discharge a firearm in a negligent or reckless manner on property
used primarily as a dwelling, or property zoned solely for residential use.

150

spring assisted knives are still likely to not be considered “common
pocketknives”

142

Conviction of felon in possession is a ten year mandatory where there’s a prior
dangerous felony with actual firearm possession.

177

My opinion is that a “self defense chemical spray” is not prohibited on school
grounds if concealed. See my blog for greater details.

248

Dennis v. State, 51 So.3d 456 (Fla. 2010), resolved that a pretrial evidentiary
hearing is required on a motion to dismiss that asserts immunity. The burden is
likely on the defendant by a preponderance, and that a mere finding of “probable
cause” is insufficient.

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This update covers all 7th edition printings, to date.