That is kind of a convoluted title to the blog post, but essentially the police in this case tried to use the observation of a concealed handgun in the defendant’s vehicle as a legal basis to search the vehicle, find the concealed firearm and then charge the defendant with carrying…
Articles Posted in Gun Crimes
Florida Defendant Argues For Stand Your Ground Protection After Shootout With Police Officers
In Florida, the Stand Your Ground law received a lot of attention over the years, particularly in relation to the Trayvon Martin case. The Florida Stand Your Ground law is not a particularly radical law. It is essentially a self defense law that allows a person to use reasonable force,…
Florida’s Stand Your Ground Law Does Not Apply to Defendants Already Engaged in Criminal Activity
Florida’s Stand Your Ground law garnered quite a bit of attention after it was passed and surrounding the Trayvon Martin case, but it’s essentially an extension of the Florida self-defense law that allows defendants in case involving violence to petition the court for a dismissal of the charges under certain…
Apparent Possession of a Concealed Firearm is not Sufficient for Police in Florida to Pat Down Suspect
In a criminal case just south of Jacksonville, Florida, the defendant was arrested for possession of a firearm by a convicted felon after an employee at a restaurant called the police and reported that he appeared to have a gun in his waistband. There was no indication the defendant pulled…
What are the gun laws in the State of Florida?
There has been a lot of talk about new legislation regarding firearms, but what is the current status of the law as it relates to guns? Criminal defense lawyers know that there are plenty of firearm statutes with extreme high range of punishments already on the books in Florida. These…
When Do You Have To Register Your Firearms? Bernandino Bolatete Has Been Arrested In Jacksonville After Making Terroristic Threats, But He Was Only Initially Charged With Possession of An Unregistered Silencer
Bernandino Bolatete has been arrested and charged by criminal complaint in federal court in Jacksonville, Florida after threatening to a mass shooting at a local mosque. But what he has initially been charged with might surprise you? Rather than a charge related to a terroristic threat, Mr. Bolatete has been…
Florida Prosecutor Charges Widow With Possession of a Firearm by a Convicted Felon for Pawning Husband’s Guns
In Florida, it is a felony for anyone who has been convicted of a felony in any state or federal court to own or possess a firearm. If the defendant is caught in actual possession of the firearm (as opposed to constructive possession), the defendant is subject to a mandatory…
Can I Purchase a Firearm From A Federally Licensed Dealer For Somebody Else Who Isn’t Prohibited From Possessing A Firearm?
Can you walk into a federally licensed firearm dealer’s shop and purchase a firearm for someone else? In other words, can your uncle Joe, who lawfully owns other firearms, give you $900 to go into the local gun shop to buy him a new semi-automatic? The United States Supreme Court…
Initial Search of Defendant Was Lawful, But No Do-Overs
This unlawful search took place in a Florida school south of Jacksonville, Florida. In this case, students at the Florida school reported to school officials that some other students were playing with a taser on school grounds. The school security officer spoke to some kids who indicated that the suspect…
Ambiguous Florida Weapons Law Results in Felony Arrest For Student Possessing a BB Gun in School
In Florida, it is illegal for anyone to possess a “weapon” at school or a school-sponsored event without authorization. A violation of this criminal statute is a third degree felony that carries up to five years in prison. There are a variety of items that are considered “weapons” under the…