Skip to Main Content

Florida Firearms & Stand Your Ground: Secondary Sources

An introduction to owning, operating, and carrying a firearm in the state of Florida as well as self-defense in Florida when using a firearm.

Definitions

  • firearm.
    • (17c) A weapon that expels a projectile (such as a bullet or pellets) by the combustion of gunpowder or other explosive.  Black's Law Dictionary, 710 (9th ed.)

  • gun.
    • Fla. 1918.  "Gun" is any portable firearm, excpet a pistol or revolver, such as a rifle, shotgun, carbine, etc.––Henderson v. State, 78 So. 427, 75 Fla. 464.

  • gun-control law.
    • (1968)  A statute or ordinance that regulates the sale, possession, or use of firearms.  Gun-control laws vary widely among the states, and many cities have gun-control ordinances.  Federal law restricts and regulates the illegal sale, possession, and use of firearms.  18 USCA §§ 921-930.  Black's Law Dictionary, 777 (9th ed.)

  • pistol.
    •  Fla.App. 3 Dist. 1968.  Term "pistol" as used in statute prohibiting possession of pistol by convicted felon is generic word which encompasses entire class of firearms designed either by manufacturer or possessor to be held and fired by one hand.  F.S.A. § 790.23(1).––Davis v. State, 215 So.2d 626.––Weap 4.

Florida Jurisprudence 2d

Legal Encyclopedias

 
Validity, Construction, and Application of Municipal Restrictions on Location or Operations of Facilities for Sale or Use of Firearms

"Where there are state statutes governing aspects of the distribution or utilization of firearms, the argument has been made that local ordinances or regulations limiting the site or operations of facilities in which firearms are sold or used are preempted by them. For example, in Peter Garrett Gunsmith, Inc. v. City of Dayton, 98 S.W.3d 517, 19 A.L.R.6th 865 (Ky. Ct. App. 2002), a firearms dealer argued that city zoning ordinances which prevented him from obtaining licenses to establish gun shops at certain locations within commercial districts were preempted by a state statute providing that no city could occupy any part of the field of regulation of the transfer of firearms, but the court rejected this contention, holding, inter alia, that the ordinances did not represent regulations in the field of firearms control prohibited by the statute, but rather were permissible municipal regulations in the field of land use. These and other issues pertaining to the validity, construction, and application of municipal restrictions on the location or operations of such facilities are discussed in the following annotation."
 
Preemption of State Regulation of Weapons and Other Laws by Federal Gun Control Act

"The principal purpose of the federal Gun Control Act of 1968, 18 U.S.C.A. §§ 921 et seq., was to strengthen federal controls over interstate and foreign commerce in firearms and to assist the states effectively to regulate firearms within their borders. By the terms of the Act, states remain free to pass laws on the same subject matter as the Act unless there is a direct and positive conflict between the state and federal laws so that the two cannot be reconciled or consistently stand together. The Supreme Court of Oregon in Willis v. Winters, 350 Or. 299, 2011 WL 1886286, 65 A.L.R.6th 717 (2011), affirming Willis v. Winters, 235 Or. App. 615, 234 P.3d 141 (2010), review allowed, 349 Or. 173, 243 P.3d 468 (2010) and decision aff'd, 350 Or. 299, 2011 WL 1886286, 65 A.L.R.6th 717 (2011), held that the sheriff's duty under the state concealed handgun licensing law, Or. Rev. Stat. Ann. § 166.291, to issue concealed handgun licenses to qualified applicants without regard to their use of medical marijuana, was not preempted by the federal Gun Control Act of 1968's prohibition on possession of firearms by unlawful users of controlled substances. This annotation collects and discusses the cases that have considered the preemption of state regulation of weapons and other laws by the GunControl Act."
 
Construction and Application of Exemption for Firearms Under State Law

"Federal law enumerates property which a debtor in a bankruptcy proceeding may claim as exempt from the bankruptcy estate, but a state may choose to opt out of the exemption plan set forth in the federal bankruptcy statute (11 U.S.C.A. § 522(b)). While the Bankruptcy Code defines the types of property that an individual debtor in bankruptcy may exempt and affords the debtor the choice of the exemptions listed in the Bankruptcy Code itself or the exemptions available under other federal law or under applicable state or local law, this is subject to an applicable state law that specifically does not authorize the use of the federal exemptions. The issue arises as to whether a debtor's "firearms" are exempted from bankruptcy estates pursuant to state law specific firearms exemptions, generalized property exemptions, "household goods" exemptions, "personal property" exemptions, or similar exemption provisions. In In re Maynard, 2006 MT 162, 332 Mont. 485, 139 P.3d 803, 46 A.L.R.6th 681 (2006), for example, the court held that a debtor was allowed to claim an exemption from a bankruptcy estate for two different firearms pursuant to Mont. Code Ann. § 25-13-609(1), which provides that a judgment debtor's interest in up to $4,500 in aggregate value or $600 in any one item of property, specifically including firearms, is exempt from execution. This annotation collects and discusses all cases analyzing whether a debtor's "firearms" are exempted from bankruptcy estates pursuant to state law specific firearms exemptions, generalized property exemptions, "household goods" exemptions, "personal property" exemptions, or similar exemption provisions."
 
 
"Constitutional safeguards against the infringement of the right to keep and bear arms are considered in the context of the arms in common use at the time of the founding although the right is not limited to arms in existence at that time."
 
 
"Statutes prohibiting the carrying or possession of weapons may make the purpose or motive for doing the act an element of the offense or at least material to determining whether an offense is committed."
 
 
"The constitutionally protected right to keep and bear arms is not absolute and is subject to reasonable regulation, particularly by licensing or prohibiting the carrying or possession of weapons by particular classes of persons."
 
 
"The constitutionally protected right to keep and bear arms is not absolute and is subject to reasonable regulation, particularly by licensing or prohibiting the carrying or possession of weapons in particular sensitive or public places."

Search Ave Maria School of Law Library Catalog

Law Homepage * Library App * Law Library * Ask a Librarian

Google Scholar

Google Scholar Search

Sources in Print

Books on Self Defense

Search the Library to locate books, e-books, videos, articles, journals...
Search For

Other Search Options