Know Your Options, Know the Law
In the wake of the murderous Paris and San Bernadino terror attacks, the White House acknowledged that terrorism in this country is a threat to be taken seriously. Now, gun sales are skyrocketing across the country.
Regardless of which side of the gun control debate you stand on, we believe it is important to know the facts about gun ownership and conduct yourself wisely in the event that you already own or intend to purchase firearms.
Since the Daley Law tagline advises people to “Know Your Options, Know the Law,” we are sharing some information about gun laws. According to data released by the National Rifle Association Institute for Legislative Action, no state permit is required to possess or purchase a rifle, shotgun or handgun in the State of Florida. If you intend to purchase or use firearms, Daley Law advises you to understand how your weapon operates and practice proper safety procedures involved with handling a weapon.
Gun Dealer Responsibilities
No licensed gun dealer, manufacturer or importer shall sell or deliver any firearm to another person until he has obtained a completed form from the potential buyer or transferee and received approval from the Department of Law Enforcement by means of a toll-free telephone call. The Department of Law Enforcement shall destroy records of approval and non-approval within 48 hours after its response. The fee for the instant check shall be $8.00. Exempt from the instant check are licensed dealers, manufacturers, importers, collectors, persons with a concealed carrying license, law enforcement, as well as correctional and correctional probation officers.
Who Has the Right to Control, Possess or Carry Firearms and Concealed Weapons?
It is unlawful for any convicted felon to have in his or her care, custody, control, or possession any firearm or to carry a concealed weapon unless his civil rights have been restored. It also is unlawful for drug addicts, alcoholics, mental incompetents, and vagrants to own, possess or use any firearms.
Gun Laws and Domestic Violence Offenders
A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence.
Gun Laws and Minors
It is unlawful to sell, give, barter, lend or transfer a firearm or weapon other than an ordinary pocketknife to a minor less than the age of 18 without his/her parent’s permission, or to any person of unsound mind. It is unlawful for any dealer to sell or transfer any firearm, pistol, Springfield rifle or other repeating rifle to a minor. A minor may not possess a loaded firearm at his home, unless engaged in lawful activities.
Protecting Your Rights
Daley Law is dedicated to protecting the rights of individuals as they navigate the legal system. If you are arrested on weapons charges or have questions about your rights as a gun owner in the State of Florida, criminal defense attorney David A. Feinswog can answer your questions.
Note: For appropriate interpretation of the law, please seek the advice of a licensed attorney. The information contained in this post is not intended to be legal advice and should not be considered a legal opinion. This information is only intended for informational purposes and to facilitate discussion.