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LEGAL Q&A

Here are answers to recent questions submitted by readers of Florida Firearms Law. If you don't see yours answered below, feel free to contact us and submit it. For other opinions and articles, please see Mr. Gutmacherís monthly column in The Sportsmanís Gazette.

Mr. Gutmacher reserves the right to answer only selected emails that may be of use in future editions of the book or in his column. The responses given are not rendered as legal advice, as extensive research and factual background would be necessary in order to render a legal opinion, and any responses are purely the opinion of Mr. Gutmacher.

  • Question 9: What are the limits to using a concealed weapon as a good samaritan when someone else is in a dangerous situation? (View answer)

  • Question 8: What's the deal with the new law about weapons on the grounds on/around a hospital or mental health facility? (View answer)

  • Question 7: I've been reading your book, but I am confused on the "Preemption Law" issue where Hillsborough County has enforced a waiting period of three (3) days to purchase a rifle at my local Wal-Mart. (View answer)

  • Question 6: A handgun can be kept in a vehicle in a snapped holster anywhere. Your book implies that even prudence is not a consideration. Can you comment? (View answer)

  • Question 5: Does the use of non-deadly force, instead of retreating from a potentially violent encounter for which the use of deadly force would usually not be proper, lock the victim from using deadly force at any time, despite changes in the nature of the altercation by the aggressor? (View answer)

  • Question 4: Can I purchase any of the firearms or ammo clips that were previously banned under 18 USC 922(u) and (v)? (View answer)

  • Question 3: Your book reads that open carry in my home and on my property is legal. I would like to know if I can open carry in the driveway of my house. I am a concealed weapons permit holder...however, I open carry at my place of business, and in the car on my way home. A neighbor has complained to the homeowners association about me being armed when I get home. (View answer)

  • Question 2: I have a Florida concealed weapons permit . I am a 22 year old who is just going back to college...Iíd like to have the gun available to me during my commute and I hate to just keep a gun locked in my safe at the store. Is it truly illegal to have a handgun locked in your car parked at a university lot even if you have a permit? (View answer)

  • Question 1: Can you analyze the Protection of Persons and Property Bill [SB 436] that goes into effect October 1, 2005? (View answer)

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