In the past and recently, there has been much talk about guns in Florida. There are also many questions too. A conversation about gun laws usually includes disagreement and high tension, which can be highly unappealing. Luckily there are Florida gun lawyers who can answer these gun law-related questions.
Discussing gun laws with a gun rights attorney can help you understand the differing opinions on the topic and the laws that clarify, regulate, or prohibit gun use. Having a gun attorney can help if you have been charged with a gun-related crime, are a victim of gun violence, or wish to own a restricted gun. Gun laws can be hard to navigate because apart from the federal gun laws, each and every state has its own set of gun laws. When comparing these state gun laws to their Federal counterparts, reveal some shocking differences.
What are the Florida State Laws on Guns?
Florida gun laws have received a lot of attention lately. In 2005, Florida enacted the Stand Your Ground law which removed the duty to retreat before using force in self-defense. If there is reasonable belief that by standing your ground you will prevent your own death or great bodily harm, you are allowed to use your firearm in self-defense. More simply, if you feel your life is danger, in Florida, you have the right to use a firearm to defend yourself. This law came back into the limelight in 2013 when George Zimmerman’s Florida gun lawyer used it as an explanation as to why Zimmerman fatally shot Trayvon Martin.
Despite all of the media attention it has received, Stand Your Ground is only part of Florida’s laws on guns. Other than the Stand Your Ground law, Florida law also prohibits the use of short-barreled rifles and shotguns, as well as machine guns. In Florida, there is also a three day waiting period (excluding weekends and legal holidays) to purchase a gun, and there are restrictions as to who can own a gun.
Florida gun lawyers are well versed in Florida’s gun laws and can help answer legal questions regarding guns and gun rights. Firearm and gun lawyers in Florida, as well as other states, should also be aware of the Federal gun laws, as every American citizen is subject to them.
What are the Federal Laws on Guns?
Lately, there has been a lot of debate as to what rights Americans have when it comes to owning guns. In our constitution and federal laws, these rights are clear. Florida gun lawyers are familiar with these rights, but it is important that you know them as well.
The first and most familiar gun law is one that our founding fathers wrote: It is the Second Amendment to the Constitution of the United States of America. The second amendment states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Simply what this means is that Americans have the right to own firearms, and it is unconstitutional to take this right away. Fighting to make sure this constitutional right is not infringed upon are Second Amendment lawyers who know the ins and out of the Amendment, how different people may read the Amendment, and can help if you have a question about the Amendment.
Many Florida gun lawyers are, and all should be, very familiar with the Second Amendment. Many times a gun rights lawyer is relative to a Second Amendment lawyer.
Although the Second Amendment is the most well-known gun law, there are other very important Federal gun laws. The Brady Handgun Violence Prevention Act places restrictions on personal and business gun use. Under this law, a person or a business in the United States cannot own a gun if they:
- Have been convicted of a crime that put them in jail for over a year;
- Are a fugitive;
- Are addicted to or use illegal controlled substances;
- Have been ruled mentally defective by a court, or have been committed to a mental institution;
- Are an illegal alien living in the United States;
- Have been dishonorably discharged from the U.S. Armed forces;
- Have renounced their U.S. Citizenship;
- Are the subject of a restraining order that involves their significant partner, partner’s children, or their children;
- Have been convicted of a misdemeanor for domestic violence.
A third and very important and very comprehensive Federal gun law is the NFA or the National Firearms Act. The NFA is arguably the most important federal law regarding guns. The NFA places restrictions on the sale or possession of short-barreled shotguns, machine guns, and silencers. Originally the NFA was set by Congress in 1934 with its power to tax but was found unconstitutional by the Supreme Court in 1968 during the Haynes case, thus it was amended. In order to obtain an item that is restricted by the NFA, it is advisable that you find an attorney and, if you live in Florida, you should find a Florida gun lawyer.
What are NFA Trusts? Can Florida Gun Lawyers Create One?
When the NFA was first enacted, it made the purchase of dangerous firearms far more difficult for people. This included many extensive procedures such as background checks, documented photo IDs, fingerprinting, purchasing a tax stamp to manufacture of the firearm, and registering the weapon with the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ NFA registry. These restrictions can be time-consuming and some people do not appreciate giving the government so much personal information in connection with their purchase of a firearm.
So naturally raises the question of how to obtain NFA restricted items without all the red tape. One can do so with the use of an NFA revocable trust. In the eyes of the law, a trust is a separate entity that can buy and sell just like a person or a business. By setting up an NFA trust, you can obtain NFA restricted items without undergoing numerous extensive procedures. Of course, Trusts don’t have fingers to get fingerprints from and they don’t have the ability to get a criminal record. As a result, the same lengthy procedures must be followed; however, your trust attorney would be handling this, not you. This allows you, the beneficiary of the Trust, to maintain anonymity.
Gun trusts are different from other trusts in the fact that the trust only holds firearms, weapons, and gun accessories. These trusts do not hold any other assets. Visit an NFA Lawyer if you wish to set up a gun trust. An NFA gun trust lawyer can help a gun owner set up a trust for NFA items which will allow them to use and share their firearms, weapons, and accessories legally with family members or trust beneficiaries and to pass the firearms down to future generations.
With the help of an NFA trust lawyer, you can set up a trust that names the trustees and beneficiaries who will acquire the trust’s property upon the trustees’ death. Trustees have the right to amend the trust by adding or removing additional trustees. Each trustee has the same rights to access the trust’s property, so anyone named as a trustee can use the NFA items held by the Trust.
Another benefit to setting up a trust for your guns with a gun trust lawyer is that if for some reason your rights to own firearms are revoked, the government cannot seize your NFA items. They cannot be seized because you are not the owner, the trust is. The other trustees would simply take possession of the items of which you had possession. The NFA trust cost can range anywhere from $300 to $1000, depending on the trust lawyer that you hire and how much time it takes to solidify what the trust document says. Gun trusts are popular in Florida, and many Florida Gun lawyers are familiar with setting up and supervising them. In fact, it was a gun trust attorney in Jacksonville that fashioned these trusts.
Where Can I Find a Good Florida Gun Lawyer?
In Florida, there is an avid hunting community, as well as an avid self-defense community. Both of these communities feel strongly about their guns and their gun rights. Luckily in Clermont Florida, the Law Offices of Bret Jones P.A. is here for you. If you are in need of a lawyer for gun rights who truly cares, Bret and his team serve the central Florida area. Bret, a Second Amendment Attorney, is very familiar with all of the laws, Federal and State, that pertain to guns. If you are evaluating highly qualified Florida Gun Lawyers, Bret Jones P.A. will be more than willing to help you with your gun rights questions.
Sources:
FindLaw http://injury.findlaw.com/product-liability/gun-laws.html
FindLaw http://statelaws.findlaw.com/florida-law/florida-gun-control-laws.html
ATF https://www.atf.gov/rules-and-regulations/national-firearms-act
ABA Journal http://www.abajournal.com/magazine/article/in_goldman_guns_trust
The Truth About Guns http://www.thetruthaboutguns.com/2012/04/jim-barrett/idea-of-the-day-setting-up-an-nfa-gun-trust/