120 S. Olive Ave., Suite 402
West Palm Beach, FL 33401

Category Archives: Firearms

Florida Gun Laws explained in Norman v. State

Florida Gun Laws explained in Norman v. State

The 4th District Court of Appeals just answered the following issue regarding firearms in Florida: Whether or not Florida’s Constitution allows an individual the right to keep and bear arms; which includes the ability to openly carry a gun outside the home for self-defense without the need for a permit? The Appellate Court reasoned that a Florida citizen does not have a right to openly carry a firearm outside the home for self-defense without a permit. Understanding the Right to keep and Bear Arms under Florida law must first begin with the Florida Constitution, which differs greatly from the United States Constitutional Right to Bear Arms. The Florida Constitution states: “The right of the people to keep and bear arms in defense of themselves and of the lawful authority of… […]

| Tagged , | Comments Off on Florida Gun Laws explained in Norman v. State

West Palm Beach Violent Gun Defense

In Case # CF-00943A last year, Attorney Andrew D. Stine, West Palm Beach defense attorney, represented a man who was charged with aggravated assault with a firearm. The defendant was arrested for pointing a gun at an off-duty sheriff in a road rage incident and was facing a minimum sentence of three years in prison for the aggravated assault charge. Gun laws are different in every state. In Florida, no permit is required to possess or purchase a rifle, shotgun or handgun. However, pointing a gun at another person and placing them in fear has a mandatory minimum sentence of three years. But – as of 2005 – Florida also became a “Stand-your-ground” state. This is a self-defense and self-protection law which has four key components: 1) It establishes that… […]

| Tagged , , | Comments Off on West Palm Beach Violent Gun Defense

I’m a Convicted Felon – What Happens if I’m Charged with Possession of a Firearm?

According to an article in the Palm Beach Post, a Polk County man has been accused of poaching wildlife and was caught and arrestedafter boasting about it on Facebook. He is facing several charges including unlawful hunting and possession of a firearm by a convicted felon. The Crime For a convicted felon, he wasn’t very careful. Darin Lee Waldo, 43, unknowingly chose to exchange photographs of illegally killed game with investigators, participated in chat rooms describing his actions and even invited undercover agents to participate in two illegal hunts. The Florida Fish and Wildlife Conservation Commission reported these violations on Friday. They say he and other suspects hid small boats and guns at Lake Marion Creek Wildlife Management Area near Haines City. Waldo is charged with possession of a firearm… […]

| Tagged , , | Comments Off on I’m a Convicted Felon – What Happens if I’m Charged with Possession of a Firearm?

Colorado School Shootings. Do New Gun Laws Make A Difference?

Colorado School Shootings. Do New Gun Laws Make A Difference?

Another school shooting shocked the country during the last month of 2013. An 18-year-old student wounded a fellow student before killing himself at Denver high school. According to the authorities, he entered the building carrying a shotgun, a machete and three incendiary devices in his backpack and had ammunition strapped to his body. The sheriff said at a news conference that the teenager bought the pump-action shotgun legally on Dec. 6 at a local store. Anyone over 18 is allowed to buy a shotgun in Colorado; only those over 21 can legally buy a handgun. Why Sheriffs in Colorado Refuse To Enforce New Gun Control Laws? After mass shootings in Aurora, Colo., and Newtown, Connecticut, the new gun laws went into effect this year and dictate background checks for private… […]

| Tagged , | Comments Off on Colorado School Shootings. Do New Gun Laws Make A Difference?

Florida Case Of Aggravated Assault with a Firearm

Florida Case Of Aggravated Assault with a Firearm

A West Palm Beach resident, Kenneth Burroughs, is being held at Palm Beach county jail on weapons charges, according to Palm Beach County Sheriff’s Office. The incident reports Mr. Burroughs’ alleged confrontation with a bail bondsman occurred this past Friday. After being called to investigate the bondsman shooting, Sheriff’s detectives found three weapons — a shotgun, a .38-caliber pistol and a .38 special revolver — during a court-approved search of the North Haverhill Road residence of Kenneth Burroughs. According to Deputy Eric Davis, Mr. Burroughs admitted to sheriff’s officers that he owned the weapons. Burroughs was arrested early Saturday and charged with aggravated assault with a firearm, felon in possession of a firearm, shooting within a dwelling, and child neglect. Criminal history revealed that he has been convicted of seven… […]

| Tagged , , , | Comments Off on Florida Case Of Aggravated Assault with a Firearm

Your Right to Bear Arms in Florida

Your Right to Bear Arms in Florida

On October 21, 2013 Palm Beach County, FL has recorded its 61st murder of the year. The murder rate in Palm Beach County and throughout Florida remains elevated, due to many reasons. The best protection for you and your family is the Second Amendment under the US Constitution and Section 1 Article 8 of the Florida Constitution which states in pertinent part: Right to bear arms. The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law. The language under the Florida Constitution to bear firearms is very strongly written in favor of the citizen’s right to bear arms; and your right to carry a concealed weapon has been codified in… […]

| Tagged , , | Comments Off on Your Right to Bear Arms in Florida

Aggravated Assault With a Firearm

Aggravated Assault With a Firearm

A Broward County court bailiff was arrested Monday night in St. Lucie County and charged with armed kidnapping, two counts of sexual battery and aggravated assault with a firearm. Garrett Cunningham, 62, is assigned to the Broward courthouse and usually works in the courtroom of Broward Circuit Judge Jeffrey Levenson. Bailiffs are unarmed civilian employees of the Broward Sheriff’s Office. He has worked for the agency since 1999. Cunningham was booked into the Port St. Lucie jail at 2 a.m. Tuesday. The arrest was on a warrant issued by the Plantation Police Department. Source, full details From a legal standpoint, assault and battery often form one charge against a suspect. However, some suspects may merely be charged with assault. Anyone who is charged with battery, however, is essentially also guilty… […]

| Tagged , , , , | Comments Off on Aggravated Assault With a Firearm

Florida Hits 1 Million Concealed Weapons Permits

Florida Hits 1 Million Concealed Weapons Permits

Florida officially hit the one million milestone for concealed weapons permits as predicted last week by Agriculture and Consumer Services Commissioner Adam Putnam, whose office oversees the program. As of this morning, there were 1,000,645 active concealed weapons permits in Florida, according to Putnam’s office. The million mark comes amid national scrutiny of state and federal gun laws in the wake of Friday’s shooting rampage by gunman Adam Lanza, who killed 20 first graders and six adults at the Sandy Hook Elementary School in Newton, Conn. Authorities say Lanza also killed his mother as well as himself. Some gun rights proponents, including state Rep. Dennis Baxley, R-Ocala, want to allow people with concealed weapons permits and extra training to bring the guns into schools. They argue that armed personnel on school… […]

| Tagged , | Comments Off on Florida Hits 1 Million Concealed Weapons Permits

How the Supreme Court Ruling on Gun Control Affects Florida Laws

The Supreme Court and the Second Amendment Handguns have been banned in the city of Chicago and its suburb of Oak Park, III, for nearly 30 years. Everything changed on Monday when the Supreme Court ruled that the Second Amendment right will now apply to state and local gun control laws. Many Chicago residents are sighing with relief at the overturned gun ban. Richard Roeper, a Chicago Sun-Times Columnist reported: In Chicago, any gang-banging thug who wants a gun can get a gun. A lot of people can get a gun more easily than they can get a credit card.” The 5-4 decision led by new Chief Justice Roberts split the court along ideological lines. The justices also made note however, that some limitations could possibly survive some legal conflicts.… […]

| Tagged , , | Comments Off on How the Supreme Court Ruling on Gun Control Affects Florida Laws

Pennsylvania Attorney’s General Gun Control Act and Florida Connection

Kathleen Kane, not even in office for a month, has decided to pick on Florida, and pick on us in a way that strikes at our very essence. We here in Florida take great pride in the number of concealed weapons permits our state issues. We were the first state to issue them, and today we lead the nation in concealed weapons permits, reaching the mark of 1 million active permits in December. You see, about 4,000 people who are Pennsylvania residents got their concealed weapons permits from Florida, not from Pennsylvania, where they really live. They’re not doing anything illegal by getting a Florida permit. They’re just taking advantage of something known in Pennsylvania as “the Florida loophole.” Elected officials in Pennsylvania apparently aren’t as eager to please the… […]

| Tagged , | Comments Off on Pennsylvania Attorney’s General Gun Control Act and Florida Connection